Spouse visa / getting married in US on travel visa

[Annevilwill 2]

Hi guys, I hope anyone can give me some useful advice. 

 

Some background. I am Russian, my bf is American, we live in China, Shanghai already over 8 years, dating for almost 7 years. So now we started to think about moving to US. I do have US travel visa. got it twice, have been to US 4 times, never got any issues.

 

We cannot get married in China, 2 foreigners are not allowed to do so. So when the borders are open, we were thinking to get married in Russia and start process of obtaining a spouse visa (I read that you must do it in the country you got married). But I heard that getting this visa can take up to 2 years..is it true?  Its quite a long time and not really on our radar now... 

 

So there comes the second option, going to US on my tourist visa, waiting 90 days, getting married there, and my bf applying for spouse petition. But its kinda illegal right? and can make some troubles in the future, for instance if my parents want to visit..

 

Anyone got a good advise what's better to do in our situation? also if anyone is waiting for a spouse visa or got it recently? how long does it take nowadays? 

 

Thanks in advance! 

[Ryan H 3,812]

3 minutes ago, Annevilwill said:

(I read that you must do it in the country you got married)

 

That information is incorrect.

 

4 minutes ago, Annevilwill said:

But I heard that getting this visa can take up to 2 years..is it true?

 

Before COVID, the average time from filing a petition to an interview could be 12-18 months.  With the backlog that has been created as a result of COVID, a wait time of 2 years is not an unrealistic possibility.

 

5 minutes ago, Annevilwill said:

So there comes the second option, going to US on my tourist visa, waiting 90 days, getting married there, and my bf applying for spouse petition. But its kinda illegal right?

 

Not an option, what you are proposing is fraudulent use of a tourist visa which is illegal (no "kinda" about it).

 

8 minutes ago, Annevilwill said:

So when the borders are open, we were thinking to get married in Russia and start process of obtaining a spouse visa

 

You're best bet; once the file reaches the NVC, you have the ability to slow things down there if you're not yet ready to make the move.

[Annevilwill 2]

13 minutes ago, Ryan H said:

 

That information is incorrect.

 

 

Before COVID, the average time from filing a petition to an interview could be 12-18 months.  With the backlog that has been created as a result of COVID, a wait time of 2 years is not an unrealistic possibility.

 

 

Not an option, what you are proposing is fraudulent use of a tourist visa which is illegal (no "kinda" about it).

 

 

You're best bet; once the file reaches the NVC, you have the ability to slow things down there if you're not yet ready to make the move.

Thank you, Ryan.

 

So, no matter where we officially get married, we can process marriage visa anywhere close to our current living? Hongkong for instance? Even tho I am Russian? Can you suggest a source where I could get more info about it?

 

Regards getting married in tourist visa - many people do it, its not that horrible of an idea, no? Or you would not suggest it at all? 

 

If we got married and filed for spouse visa - I cannot enter USA until I got approval, even on my valid tour visa? Is it true? 

[HRQX 4,145]

21 minutes ago, Annevilwill said:

Some background. I am Russian, my bf is American, we live in China, Shanghai already over 8 years, dating for almost 7 years.

You cannot currently go directly from China to the US. You should go to Russia alone for 14 days and then fly directly to the US. You would also need "proof of a negative COVID-19 test or documentation of having recovered from COVID-19" before boarding the flight to the US. https://www.cdc.gov/quarantine/fr-proof-negative-test.html

22 minutes ago, Annevilwill said:

going to US on my tourist visa, waiting 90 days, getting married there, and my bf applying for spouse petition. But its kinda illegal right?

Preconceived intent to Adjust status is definitely illegal.

 

You can still get married in the US during a genuine tourist visit: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

 

The US citizen can also file I-130 petition during your US visit: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in"

 

 

The US citizen would leave the following fields completely blank

[Ryan H 3,812]

1 minute ago, Annevilwill said:

So, no matter where we officially get married, we can process marriage visa anywhere close to our current living? Hongkong for instance?

 

Yes; in regards to your specific circumstances, if you are in China when it come time for you to interview, you would interview at the Consulate in Guangzhou (that is the only location where spousal visa interviews take place in China).  Hong Kong is not an option for you because interviewing there is only available to people who reside in the HK SAR.

 

3 minutes ago, Annevilwill said:

Regards getting married in tourist visa - many people do it, its not that horrible of an idea, no? Or you would not suggest it at all? 

 

You can get married in the US on a tourist visa; however, you must depart by the time your authorized stay ends.

 

4 minutes ago, Annevilwill said:

If we got married and filed for spouse visa - I cannot enter USA until I got approval, even on my valid tour visa? Is it true? 

 

Not true, you would be allowed to visit during the process; my answer to the above also applies here, you would have to leave by the time your authorized stay ends.

[Annevilwill 2]

8 minutes ago, Ryan H said:

 

Yes; in regards to your specific circumstances, if you are in China when it come time for you to interview, you would interview at the Consulate in Guangzhou (that is the only location where spousal visa interviews take place in China).  Hong Kong is not an option for you because interviewing there is only available to people who reside in the HK SAR.

 

 

You can get married in the US on a tourist visa; however, you must depart by the time your authorized stay ends.

 

 

Not true, you would be allowed to visit during the process; my answer to the above also applies here, you would have to leave by the time your authorized stay ends.

Thank you! This is incredibly confusing and stressful. In many other sources I was reading all info is very different. We wanted to move out China by middle of 2022, but now because of the limited travel due to covid, and China not allowing foreigners to re-enter county if we leave, I have no idea what's best to do. 

 

Do you know if foreigners can apply for fiancé visa here in China? ( i could not find anything about it) If obtaining spouse visa can get up to 2 years and we don't even know when we get a change to get married, maybe just start with fiancée visa - seems more feasible regards to time line. 

[Ryan H 3,812]

1 minute ago, Annevilwill said:

Do you know if foreigners can apply for fiancé visa here in China?

 

Yes

[Annevilwill 2]

17 minutes ago, HRQX said:

You cannot currently go directly from China to the US. You should go to Russia alone for 14 days and then fly directly to the US. You would also need "proof of a negative COVID-19 test or documentation of having recovered from COVID-19" before boarding the flight to the US. https://www.cdc.gov/quarantine/fr-proof-negative-test.html

Preconceived intent to Adjust status is definitely illegal.

 

You can still get married in the US during a genuine tourist visit: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

 

The US citizen can also file I-130 petition during your US visit: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in"

 

 

The US citizen would leave the following fields completely blank

Thank you!

 

No I am not going to travel to US now or anytime soon. Now borders in China are closed, if we leave we cannot return. That's why we kinda stuck here now, even if we want we cannot get married now. 

[HRQX 4,145]

2 minutes ago, Annevilwill said:

Do you know if foreigners can apply for fiancé visa here in China?

Yes. You would interview in the US consulate in Guangzhou. https://fam.state.gov/fam/09FAM/09FAM050404.html "Department regulations provide that a post must accept an application from an alien physically present in the consular district even though not a resident in that district, provided the alien expects to remain in the consular district throughout the several months that it normally takes to process an application and is legally able to do so."

[Annevilwill 2]

4 minutes ago, Ryan H said:

 

Yes

thank you very much for your answers!

[Annevilwill 2]

1 minute ago, HRQX said:

Yes. You would interview in the US consulate in Guangzhou. https://fam.state.gov/fam/09FAM/09FAM050404.html "Department regulations provide that a post must accept an application from an alien physically present in the consular district even though not a resident in that district, provided the alien expects to remain in the consular district throughout the several months that it normally takes to process an application and is legally able to do so."

Thank you very much!

 

Do you know how long does it take to issue fiancée visa recently? before it was supposed to be 7-12 months, am I right? 

[HRQX 4,145]

1 minute ago, Annevilwill said:

Do you know how long does it take to issue fiancée visa recently? before it was supposed to be 7-12 months, am I right? 

Hard to calculate. There is currently a backlog in Guangzhou. Ever since the President's Feb 2020 mainland China proclamation only a select few K-1 visa applicants that met listed exemptions to the proclamation (or were Plaintiffs in the K-1 lawsuit) got their visas. We'll have to see if Biden ends that proclamation.

[Annevilwill 2]

16 minutes ago, HRQX said:

Hard to calculate. There is currently a backlog in Guangzhou. Ever since the President's Feb 2020 mainland China proclamation only a select few K-1 visa applicants that met listed exemptions to the proclamation (or were Plaintiffs in the K-1 lawsuit) got their visas. We'll have to see if Biden ends that proclamation.

OMG... okey.. 

 

thanks anyways!

[pushbrk 12,899]

1 hour ago, Annevilwill said:

Thank you, Ryan.

 

So, no matter where we officially get married, we can process marriage visa anywhere close to our current living? Hongkong for instance? Even tho I am Russian? Can you suggest a source where I could get more info about it?

 

Regards getting married in tourist visa - many people do it, its not that horrible of an idea, no? Or you would not suggest it at all? 

 

If we got married and filed for spouse visa - I cannot enter USA until I got approval, even on my valid tour visa? Is it true? 

The obsolete K3 spouse visa required an interview in the country of marriage.  The currently viable spouse visas must be obtained in your country of legal residence or country of Citizenship.  So, HK, only if that's where you actually live.

 

Nothing wrong with marrying on a tourist visa and then seeking a spouse visa.  Problem is seeking adjustment of status.  Note also that, at this time, you are unlikely to be admitted to the US on a visitor visa.  Is your US fiance likely to be admitted to Russia.  Is there ANY country that will admit you both and allow you to marry, under the current COVID travel restrictions?

 

Disregarding COVID, there is no prohibition from using your visitor visa, but each entry is a judgment call when you present your passport.  No guaranteed entry just because you have a visa.

 

ALL timeline estimates are wild guesses at this point due to COVID.  Backlogs everywhere and no assurance Consulates will stay open.

Edited January 18, 2021 by pushbrk

[Annevilwill 2]

17 minutes ago, pushbrk said:

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The obsolete K3 spouse visa required an interview in the country of marriage.  The currently viable spouse visas must be obtained in your country of legal residence or country of Citizenship.  So, HK, only if that's where you actually live.

Hi! Thanks for your reply. So if I currently reside in China, Shanghai - I have work permit, and I got my US travel visa here twice as well, I should have no problems with getting an interview in Guangzhou, even if we get married in Russia, that is correct? 

 

17 minutes ago, pushbrk said:

Nothing wrong with marrying on a tourist visa and then seeking a spouse visa.  Problem is seeking adjustment of status.  Note also that, at this time, you are unlikely to be admitted to the US on a visitor visa.  Is your US fiance likely to be admitted to Russia.  Is there ANY country that will admit you both and allow you to marry, under the current COVID travel restrictions?

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As currently we still reside in China and due to the regulation that country doesn't allow foreigners to re-enter China once left, we were not planning to get married in US or Russia soon. Only after China removed the restrictions. So we wont even try any other countries for now. We cannot come back:(

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Disregarding COVID, there is no prohibition from using your visitor visa, but each entry is a judgment call when you present your passport.  No guaranteed entry just because you have a visa.

right, I realize that. Just there is info in internet that if once you applied for spouse/fiancé visa, you are not allowed to enter US on tourist visa and its a regulation. But you said tis is not true. 

 

ALL timeline estimates are wild guesses at this point due to COVID.  Backlogs everywhere and no assurance Consulates will stay open.

 

 

 

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