Marriage

[Joy Straitiff 1]

What do you mean Visa fraud? And I was wondering do we have to apply for the spousal one before or after or Wednesday to take so long to get? Because it if we do it after we get married and it takes that long that would put it past the six months and he's allowed to be here on his work visa. So what would happen then?

[payxibka 10,045]

2 minutes ago, Joy Straitiff said:

What do you mean Visa fraud? And I was wondering do we have to apply for the spousal one before or after or Wednesday to take so long to get? Because it if we do it after we get married and it takes that long that would put it past the six months and he's allowed to be here on his work visa. So what would happen then?

Ignore the visa fraud statement as it is misguided.  

 

He must go home after his authorized stay expires.  

[JayMar2019 2,741]

8 minutes ago, payxibka said:

 NO.  Getting married on any kind of non-immigrant visa is no way visa fraud.

Actually, I said possible signs of visa fraud and actually it is. My fiancé last Thanksgiving attempted to come visit me with a valid tourist visa and was denied entry and went back home because the CO thought that he was coming to the US on a non-immigrant visa (tourist visa) for the purpose to get married because he said he was coming to visit his fiancé for the Thanksgiving holiday. The CO told me this over the phone and said that they could not prove or felt comfortable that he would leave the US at the date of departure and would try to stay and we would get married, and that was never our intent (we had purchased his return ticket home which he had proof to show that he was going back home in 14 days). They even questioned me over the phone asking me if he was coming on his tourist visa just so we could get married which I repeatedly told them no. Ending result...they cancelled his tourist visa and told both of us that day that we should just apply for the K1 fiancé visa.

 

So yes, it is a sign of possible visa fraud. It's all about proving it's not.

Edited January 3, 2018 by Trinab80

[payxibka 10,045]

2 minutes ago, Trinab80 said:

Actually, I said possible signs of visa fraud and actually it is. My fiancé last Thanksgiving attempted to come visit me with a valid tourist visa and was denied entry and went back home because the CO thought that he was coming to the US on a non-immigrant visa (tourist visa) for the purpose to get married because he said he was coming to visit his fiancé for the Thanksgiving holiday. The CO told me this over the phone and said that they could not prove or felt comfortable that he would leave the US at the date of departure and would try to stay and we would get married, and that was never our intent (we had purchased his return ticket home which he had proof to show that he was going back home in 14 days). They even questioned me over the phone asking me if he was coming on his tourist visa just so we could get married which I repeatedly told them no. Ending result...they cancelled his tourist visa and told both of us that day that we should just apply for the K1 fiancé visa.

 

So yes, it is a sign of possible visa fraud. It's all about proving it's not.

Nobody has even opened the topic of him entering and getting married and then adjusting status.  The entire discussion has been around getting married and the OP's new husband goes HOME to get a spousal visa

[JayMar2019 2,741]

4 minutes ago, payxibka said:

Ignore the visa fraud statement as it is misguided.  

 

He must go home after his authorized stay expires.  

 

1 minute ago, payxibka said:

Nobody has even opened the topic of him entering and getting married and then adjusting status.  The entire discussion has been around getting married and the OP's new husband goes HOME to get a spousal visa

And I never said that they did. OP asked about her options and I gave a detailed answer. In one of her post she said can they get married when HE COMES BACK...which would mean when he's here on his US WORK VISA. And I answered her question about that along with the spousal visa process and the K1 visa. Yes, he must go home before his passport date expires. It still does not negate the fact that during the interview part of the process, they will be questioned about it. They just need to be prepared when they do.

 

While we can agree to disagree, there's no need to be rude nor condescending. Happy New Year to you too!

[Joy Straitiff 1]

Okay well I guess then my next question would be is if we get married when he's here on a work visa and then we have to apply for a spousal visa and they take 12 to 14 months to get give or take what happens when his work visa runs out or he's supposed to return back to Jamaica like this is what I'm not understanding

[JayMar2019 2,741]

23 minutes ago, Joy Straitiff said:

What do you mean Visa fraud? And I was wondering do we have to apply for the spousal one before or after or Wednesday to take so long to get? Because it if we do it after we get married and it takes that long that would put it past the six months and he's allowed to be here on his work visa. So what would happen then?

https://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents - here is the link from USCIS regarding bringing spouses to the US. It provides options if your foreign spouse is already in the US and if your foreign is outside the US and what steps and form is necessary to take along with cost.

 

https://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas - here is a link you might want to read up from USCIS for informative purposes

 

 

Edited January 3, 2018 by Trinab80

[Joy Straitiff 1]

So it would be considered Visa fraud if we got married when he came back in? All of this is crazy. Its making my head spin already.

[payxibka 10,045]

1 minute ago, Joy Straitiff said:

Okay well I guess then my next question would be is if we get married when he's here on a work visa and then we have to apply for a spousal visa and they take 12 to 14 months to get give or take what happens when his work visa runs out or he's supposed to return back to Jamaica like this is what I'm not understanding

The issue is that he cannot enter on a non immigrant visa with the intent to get married and then seek immigration benefits by remaining in the country.  He can enter on a non immigrant visa with the intent to get married (people do this all the time as Vegas is a popular destination wedding locale for foreigners) but he must depart the USA after the authorized stay period and then re-enter at a future date with the appropriate immigrant visa. 

[payxibka 10,045]

2 minutes ago, Joy Straitiff said:

So it would be considered Visa fraud if we got married when he came back in? All of this is crazy. Its making my head spin already.

No.  If he entered with the intent to seek immigration benefits on a non immigration entry is where the problem is

[Joy Straitiff 1]

If we would get married when he come back and again these are just questions because I know nothing about any of this but if we were to get married when he come back or when he come back the next time into work or whatever it may be like does he return back on his return date like how does something like that happen like what happens?

Edited January 3, 2018 by Joy Straitiff
Spell correction

[Joy Straitiff 1]

With that being said that when he would leave on the departure date and we apply for the correct Visa then it could be 12 to 14 give or take months before he can come back? And can there still be a chance that then he won't be allowed to come back?

[payxibka 10,045]

1 minute ago, Joy Straitiff said:

With that being said that when he would leave on the departure date and we apply for the correct Visa then it could be 12 to 14 give or take months before he can come back? And can there still be a chance that then he won't be allowed to come back?

You can start the petition process anytime after you are eligible to do so and you don't need to wait until he leaves but he must leave on or before the expiration on his I-94.  

 

No entry is ever guaranteed and it is possible that any subsequent entries may or may not become more problematic for him.

[Joy Straitiff 1]

Is he able to keep his work visa while we're waiting for the other spousal visa to come through?

[payxibka 10,045]

8 minutes ago, Joy Straitiff said:

Is he able to keep his work visa while we're waiting for the other spousal visa to come through?

Yes