About to file K1, but want to apply for tourist visa.

[SH&JP 0]

My Fiance and I are about to send in the paperwork for a k1, however due to the extremely long wait we want to apply for a tourist visa for her. So my questions are...

1) Will applying for tourist visa in any way effect the K1 exp. if she gets declined on tourist visa... Her only real tie to her homeland are family and a somewhat small bank account, we could put her mothers apartment in her name possibly if it would help but I get the feeling it may just look bad.

2) If we hold off on the K1 and she gets the tourist visa and we decided to get married what are our options at this point?

Well tahts all I can think of for now I am sure I will have more questions later.

Thanks!

[Dan J 277]

1. No, not getting a tourist visa will not affect a K1 as long as the reason for denying the tourist visa isnt a reason why a K-1 can be denied.

2. Go home and apply for K-3 or CR-1. Filing for AOS after entering on a tourist visa with the intent to get marrried and stay is fraud. You can get married here on a tourist visa, you just cant immigrate without a K-1 visa.

[YuAndDan 153]

Using the tourist visa with intent to immigrate is considered visa fraud, the K-1 visa was designed for that reason, not tourist visa.

[SH&JP 0]

Let me clarify we have no intent to marry if she gets the tourist visa i was just curious what the options were if we did decide to marry

[pushbrk 12,883]

Let me clarify we have no intent to marry if she gets the tourist visa i was just curious what the options were if we did decide to marry

If you decide to marry before she comes the USA, you file for CR1 or CR1 and K3.

If she comes here on a tourist visa and you decide to marry, then you do the same thing but she cannot stay. She must return to her home country or face the penalty for visa fraud.

You've already decided to get married, just not when or where. This disqualifies her to marry AND STAY if she comes on a tourist visa.

Even if she gets a tourist visa and stays during part of the K1 process, she must return to the appropriate Consulate abroad to receive the Packet three and Packet four, apply for the actual visa, take the medical and interview for the visa.

[RUKTHUR 0]

Can not marry with tourist visa type.

[payxibka 10,045]

Can not marry with tourist visa type.

Please understand facts before you post. Yes you can marry while on a tourist visa. The act of marriage is not an immigration issue. The issue is staying in the US after the marriage when you entered on a non-immigrant visa (ie. tourist) that might be problematic.

[pushbrk 12,883]

Can not marry with tourist visa type.

Please understand facts before you post. Yes you can marry while on a tourist visa. The act of marriage is not an immigration issue. The issue is staying in the US after the marriage when you entered on a non-immigrant visa (ie. tourist) that might be problematic.

Yes, it MIGHT be problematic, depending on whether one entered with the intention of marriage AND staying in the US to adjust status. If the relationship began or evolved and the marriage decision is made after entry, NOT problematic.

[payxibka 10,045]

Yes, it MIGHT be problematic, depending on whether one entered with the intention of marriage AND staying in the US to adjust status. If the relationship began or evolved and the marriage decision is made after entry, NOT problematic.

I am not sure I would go as far as saying NOT problematic but certainly should be LESS problematic.

[pushbrk 12,883]

Yes, it MIGHT be problematic, depending on whether one entered with the intention of marriage AND staying in the US to adjust status. If the relationship began or evolved and the marriage decision is made after entry, NOT problematic.

I am not sure I would go as far as saying NOT problematic but certainly should be LESS problematic.

Yeah the whole process is problematic. I should have said "allowed" or "legal" but was just keeping the terminology consistent. For clarity, the couple who marries on a tourist visa has the problem of showing evidence no intent to marry existed at the time of entry. This is quite easy for people who don't meet for the first time until after the foreigner enters the USA and becomes more and more difficult the longer the relationship existed prior to the US entry.

These issues are not limited to tourist visas. They come up with business and student visas quite commonly.

Edited June 4, 2007 by pushbrk

[rebeccajo 14]

Which is exactly why her tourist visa is not likely to be granted.

Yes, it MIGHT be problematic, depending on whether one entered with the intention of marriage AND staying in the US to adjust status. If the relationship began or evolved and the marriage decision is made after entry, NOT problematic.

I am not sure I would go as far as saying NOT problematic but certainly should be LESS problematic.

Yeah the whole process is problematic. I should have said "allowed" or "legal" but was just keeping the terminology consistent. For clarity, the couple who marries on a tourist visa has the problem of showing evidence no intent to marry existed at the time of entry. This is quite easy for people who don't meet for the first time until after the foreigner enters the USA and becomes more and more difficult the longer the relationship existed prior to the US entry.

These issues are not limited to tourist visas. They come up with business and student visas quite commonly.

[Mononoke28 135]

Let me clarify we have no intent to marry if she gets the tourist visa i was just curious what the options were if we did decide to marry

Is that a wink, wink type of statement?

Here is the thing, YES you can marry but it will be considered fraud if your fiancée stays since you did have the intention of doing just that before she came. BUT... a ton of people do that and they just play dumb when it comes to adjusting status. And to be honest with you, I don't blame them.

[KarenCee 3]

The thing is...the idea to get married while she is here on a tourist visa is already in their minds. So technically speaking intent is already established. Just MHO.

Edited June 4, 2007 by KarenCee

[pushbrk 12,883]

The thing is...the idea to get married while she is here on a tourist visa is already in their minds. So technically speaking intent is already established. Just MHO.

We have the terms of service for this site to consider when answering such questions. Do people do it and get away with it? Sure, but it is illegal and visa fraud. The consequences can be pretty drastic.

Some of us fortunate ones didn't face such a tempting choice because tourist visas for single Chinese women are scarcer than hen's teeth.

[SH&JP 0]

It is just a question I am asking we are surely not trying to pull anything, we dont want to risk our forever together to save a couple months, the individual who said she would have to return home and then we start over with I-130 answered it in the manner that I wanted to hear.

I am truly ignorant on the K3/I-130 side as I have only read up on the K1.

The thing is...the idea to get married while she is here on a tourist visa is already in their minds. So technically speaking intent is already established. Just MHO.