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Hello everyone,

 

This might seem like a confusing question but I have to make myself clear. I apologize for the long post. Here I go:

 

Back in 2010, I dated my ex boyfriend from DR for a few years. During that time I lived in DR for a couple years. I am a USC and my parents are Dominican. I returned to the US and the relationship ended a year later. 

 

We still mantain a friendship at the moment but I do admit I care about him very much. Due to being in 2 different parts of the world, we are both aware that it’s difficult to maintain a long distance relationship. Since my return to the US in 2013, I go to DR every year and spend time with him.

 

 He does have a job for a while, Has a vehicle and doesn’t have a criminal back ground.  I do work, have a vehicle and a good job. Whichever application he apples for, he will put me as the petitioner. 

 

My question is, do you think it’s best he applies for a tourist visa? Do you think it’s best to apply for a fiancé visa? What would be easier and less time? 

 

I’m just confused with which one to go for.

 

Thank you for taking the time to read my post.

Distance will determine how strong your relationship is...

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Well if you're planning on getting married a fiance visa is your only option. Applying for a tourist visa with the intent to adjust status and get married is illegal. 

Also, you have to apply for the fiance visa and he would apply for the tourist visa. If he briefly wants to visit then a tourist visa is fine, but he'd need to show ties back home otherwise he'll get denied. 

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If he would be visiting and then returning then he would apply for a visitors visa - there is no petitioner for tourist visas. If he is coming to get married and stay then it would be the fiancé visa. It's not hard really. You pick the visa that is intended for your purpose.

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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1 minute ago, Redheadguy03 said:

Well if you're planning on getting married a fiance visa is your only option. Applying for a tourist visa with the intent to adjust status and get married is illegal. 

Also, you have to apply for the fiance visa and he would apply for the tourist visa. If he briefly wants to visit then a tourist visa is fine, but he'd need to show ties back home otherwise he'll get denied. 

She doesn't apply for the K1 visa - she would petition him through i129f. After the approved petition he still applies for the visa.

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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11 minutes ago, Suss&Camm said:

She doesn't apply for the K1 visa - she would petition him through i129f. After the approved petition he still applies for the visa.

I was using the term apply as the term petition. The i129f is what I was referring to.

 

My wife came on a k1 visa, I obviously know how that part of the process works. 

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Just now, Redheadguy03 said:

I was using the term apply as the term petition. The i129f is what I was referring to.

I was clarifying for the OP who doesn't have your background with the process. The post was very confusing. You said she applies for the fiancé visa and he applies for the tourist visa.

 

 

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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2 hours ago, Redheadguy03 said:

Well if you're planning on getting married a fiance visa is your only option. Applying for a tourist visa with the intent to adjust status and get married is illegal. 

Also, you have to apply for the fiance visa and he would apply for the tourist visa. If he briefly wants to visit then a tourist visa is fine, but he'd need to show ties back home otherwise he'll get denied. 

I really didn’t know that it was illegal to adjust status. Thank you for the information. 

Distance will determine how strong your relationship is...

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2 hours ago, Suss&Camm said:

If he would be visiting and then returning then he would apply for a visitors visa - there is no petitioner for tourist visas. If he is coming to get married and stay then it would be the fiancé visa. It's not hard really. You pick the visa that is intended for your purpose.

Thank you for your response.

Distance will determine how strong your relationship is...

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2 minutes ago, liz87 said:

Thank you for your response.

You can also get married in DR and then apply for a spousal visa (CR1). It takes longer than the fiancé visa, BUT it's cheaper and he will be a permanent resident (green card) upon entering the US.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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7 hours ago, liz87 said:

I really didn’t know that it was illegal to adjust status. Thank you for the information. 

 

Hi! It is not illegal to adjust your status. The way in which you attempt to do it  determines whether or not it is illegal. If the reason for getting the tourist visa is to come to States and get married, and in process of getting such visa, he or she lies to immigration about his or her intent in the United States, then that would be considered immigration fraud. When dealing with immigration, you have to be honest because if they find out that you’re lying, the consequences be long. 

 

If you have a bonafide relationship and can prove such, your best bet is the K1 visa

 

 

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10 hours ago, Marlz1844 said:

 

Hi! It is not illegal to adjust your status. The way in which you attempt to do it  determines whether or not it is illegal. If the reason for getting the tourist visa is to come to States and get married, and in process of getting such visa, he or she lies to immigration about his or her intent in the United States, then that would be considered immigration fraud. When dealing with immigration, you have to be honest because if they find out that you’re lying, the consequences be long. 

 

If you have a bonafide relationship and can prove such, your best bet is the K1 visa. 

 

 

Thank you so much for the information. Very valuable information. 

Distance will determine how strong your relationship is...

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