Please help, conflicting information

[David and Marina 0]

Ok, here is the problem.

II know there are several different ways to bring a fiancee/gf to teh states. I am a US citizen, and I am told to go through the K1 process. This is the problem. MY fiancee is from Grand Cayman, which doesn't have a Counsulate (you have to travel to Jamacia to get anything). So if I file the K1, then she would have to travel to Kingston (not such a safe place) TWICE. One for the paperwok, and then another for our interview. So I have been told (by an attorney) to NOT plan the marriage, bring her here to the US to see if she likes it, if she does, have a spur of the moment wedding. My question is this:

If I, a US Citizen, marry a foreigner on "spur of the moment" then will it be a problem if her i-94 expires before we file the I30/I485 paper work together?

So the scenario would go something like this. She comes here for a visit to see if she likes the US. Then I decide that I really do want her to stay so we decide to get married. Her I94 expires is valid for one week (her intended stay), and then we get married after 60 days, and file paperwork the next day (day 61). Her i94 would be 54 days expired when we file the I30/I485 paperwork.

Is this a problem? I have no idea how long they typically grand the i94? Any advice would be helpful. Thank you.

[chocolaterie 0]

In theory yes that does work. USCIS, does forgive overstays, but I would advise against filing for AP. Meaning if she did get to the USA and you file your paperwork, remain in the usa until she gets her GC...

The problem you run into is proving you didn't have intent to immigrate. That's why the lawyer told you 60 days (although I have heard a lawyer tell me 90 days is better). If this comes up during the immigration process (at the interview) you will have to prove that you didn't have this intent before she landed. And just so you know this is a touchy topic for some.

I do understand why you would be worried about going to Jamaica, but at the same time I would be concerned for your immigration future. The bonus you have is that you're working with a lawyer.

[aussiewench 9]

Is this a problem?

Entering the US with intent to immigrate is illegal and no-one on the board should advise you on implementing such.

You could go to a third country and marry......the interview for a K-3 visa would then be at the consulate in the country of marriage.

Edited March 28, 2006 by aussiewench

[gwenneh 7]

The problem with the "spur of the moment" plan (other than it is illegal-while it is not technically illegal to marry and adjust from a tourist visa per se) is two-fold.

First, as stated, the way you are going about it is illegal. You are planning it now-therefore it is not spur of the moment.

Second, you are going to be asked tp prove you didn't plan it ahead-that it truly WAS "spur of the moment". The onus of proof is on YOU. USCIS takes a dim view of people trying to skate around the legal visa process, and the consequences of trying to do this can be severe, not to mention inconvenient (what deportation isn't, really?)

I suggest you research some less shadily-legal options.

[Ladylethal 12]

And being illegal they can send your fiancee home for 5 years before she can enter the states again.

[Jaylen Brit 0]

well if you defraud the Immigration service they can ban you forever - never mind 5 years.

[Ladylethal 12]

In he brazilian embassy they say that tourist visa holders that enter US and get married get deported home for 5 years before they can come back to live with their US husbands/wives.

[MaryandMian 1]

Not advisible. Fraud or looking like fraud can have the person banned.

[TracyTN 237]

Why would she have to travel to Kingston to fill out paperwork? Do you mean for the medical?

[Ladylethal 12]

Yeah, I also think she can go only once, maybe you can fly there to keep her company if you think it´s unsafe. She´ll only need to be there for the interview, if she goes a bit early she can get all the other documentation done, like the medical exam, and even wait there for her visa and then she´s ready to fly tp US.

K1 is the best way for this, really.

Edited March 28, 2006 by Luis&Laura