Filing I-129 and K1, or marrying first and filing I-130 ? (Merged)

[Zman25 1]

My girlfriend has a tourist visa. And she visits as a “family friend” to my family’s house. Can she state to immigration officers that she is visiting a boyfriend with proof of travel, also can I marry her while visiting on a tourist visa or is that fraudulent?

I am looking for the quickest, smoothest way possible. Since she has already been visiting me as “ a family friend”. 
 

what would be the best option here?

[Redro 4,611]

I visited the US, got married to my USC partner then left the country and a few years later my husband petitioned me. That is fine. There is no rule against marrying on a tourist visa. But you must have no intention of staying in the US after the wedding. 

 

[SalishSea 17,818]

16 minutes ago, Zman25 said:

My girlfriend has a tourist visa. And she visits as a “family friend” to my family’s house. Can she state to immigration officers that she is visiting a boyfriend with proof of travel, also can I marry her while visiting on a tourist visa or is that fraudulent?

I am looking for the quickest, smoothest way possible. Since she has already been visiting me as “ a family friend”. 
 

what would be the best option here?

US immigration is not quick, cheap or easy.  I suggest you read the guides and start researching.  Entering the US with a tourist visa with the intent to marry and stay is fraud.

[powerpuff 6,697]

~~ Topic moved from K1 forum to What Visa do I need forum ~~
 

24 minutes ago, Zman25 said:

And she visits as a “family friend” to my family’s house. Can she state to immigration officers that she is visiting a boyfriend

She should always tell the truth. If the primary purpose is to visit you, then state that (if asked) rather than a “family friend”.

 

Agree with @Redro, a lot of people visit their significant others in the US. Marrying here isn’t an issue, but she must return to her home country to continue the process.

Edited August 10, 2023 by powerpuff

[Redro 4,611]

24 minutes ago, Zman25 said:

My girlfriend has a tourist visa. And she visits as a “family friend” to my family’s house. Can she state to immigration officers that she is visiting a boyfriend with proof of travel, also can I marry her while visiting on a tourist visa or is that fraudulent?

I am looking for the quickest, smoothest way possible. Since she has already been visiting me as “ a family friend”. 
 

what would be the best option here?

Just saw you indicated she is visiting you but saying she is visiting “family friends” she needs to start telling the truth for her subsequent visits 

… 

visiting a “family friend” and then marrying one of the “family friends” could be misconstrued as your girlfriend not marrying you for love but rather the families arranging the marriage so your girlfriend can obtain an immigrant benefit… always tell the truth 

[Boiler 45,466]

In my days of ignorance I used to say visiting GF and never had an issue.

[Chancy 6,241]

1 hour ago, Zman25 said:

My girlfriend has a tourist visa. And she visits as a “family friend” to my family’s house.

 

Like @Redro, I also got married in the US while on a tourist visa, left the US some weeks after the wedding, then pursued a spouse visa.  Unlike your girlfriend, I told the truth that I was visiting my boyfriend (now my husband), when asked directly by CBP.

 

[Zman25 1]

58 minutes ago, Chancy said:

 

Like @Redro, I also got married in the US while on a tourist visa, left the US some weeks after the wedding, then pursued a spouse visa.  Unlike your girlfriend, I told the truth that I was visiting my boyfriend (now my husband), when asked directly by CBP.

 

Hi, thank you. And did you tell CBP that you were getting married ? Or just visiting?

[Chancy 6,241]

1 minute ago, Zman25 said:

did you tell CBP that you were getting married ? Or just visiting?

 

I told the CBP officer I was visiting when asked about my purpose of travel.  The officer then asked me directly if I was getting married.  I said yes.

 

Again, getting married (then leaving) is legal while on a visit.  Planning to stay long-term after the wedding is not visiting.

 

[Redro 4,611]

5 minutes ago, Chancy said:

 

I told the CBP officer I was visiting when asked about my purpose of travel.  The officer then asked me directly if I was getting married.  I said yes.

 

Again, getting married (then leaving) is legal while on a visit.  Planning to stay long-term after the wedding is not visiting.

 

I remember my second visit to the US (to visit with my now husband) CBP asked me "when are you getting married?" 

I think it is a question they ask quite frequently. @Zman25 make sure your partner tells the truth if she is asked directly.

Generally, CBP are pretty good at sussing out people coming to the US to visit their boyfriends/girlfriends so I am surprised your girlfriend hasn't been questioned more directly about if she is really visiting family friends or actually visiting a romantic partner. 

[Zman25 1]

6 minutes ago, Redro said:

I remember my second visit to the US (to visit with my now husband) CBP asked me "when are you getting married?" 

I think it is a question they ask quite frequently. @Zman25 make sure your partner tells the truth if she is asked directly.

Generally, CBP are pretty good at sussing out people coming to the US to visit their boyfriends/girlfriends so I am surprised your girlfriend hasn't been questioned more directly about if she is really visiting family friends or actually visiting a romantic partner. 

Well, she was nervous about getting denied entry saying she was visiting a bf. So she said she was visiting my family as a whole Bcuz they all met her too. She will have to change it up now that she’s dating someone in the address she is visiting. I hope that doesn’t bring an issue

[Redro 4,611]

26 minutes ago, Zman25 said:

Well, she was nervous about getting denied entry saying she was visiting a bf. So she said she was visiting my family as a whole Bcuz they all met her too. She will have to change it up now that she’s dating someone in the address she is visiting. I hope that doesn’t bring an issue

The issue is if she is planning on going to the US and marrying you. Tells them she is visiting "family friends" they search her bag and discover her plans.

Better to be honest... this way misrepresentation is never a worry for you. 

Look at this post over here. 

The future beneficiary lied and said they were going to the US to visit a friend. 

They did not get the tourist visa. 

Now they are worrying about the fact they said they were visiting a friend when actually visiting the boyfriend/girlfriend (the person they eventually married).

Why cause yourself more worry about obtaining the IV because you were not truthful about the start of your relationship?

Start being honest now. 

If your GF is denied entry (and not given any type of bar) no harm no foul. That won't stop her from obtaining the spousal visa. 

But, make sure she has every intention and solid proof she will return to Aruba every time she visits while waiting for her spousal visa. 

 

Edited August 11, 2023 by Redro

[mam521 2,060]

Being honest and telling the truth means you never have to remember the lies you told.  

 

If you're not honest, something will come back to bite you later on.  It will probably be something seemingly simple and innocent, but with big implications.  

[Zman25 1]

9 minutes ago, mam521 said:

Being honest and telling the truth means you never have to remember the lies you told.  

 

If you're not honest, something will come back to bite you later on.  It will probably be something seemingly simple and innocent, but with big implications.  

I was thinking she can say we started as friends but now have become closer and are officially boyfriend and girlfriend, with no current plans, but near future plans to marry. 

[mam521 2,060]

4 minutes ago, Zman25 said:

I was thinking she can say we started as friends but now have become closer and are officially boyfriend and girlfriend, with no current plans, but near future plans to marry. 

Keep it even simpler.  When asked if she's visiting a significant other, say "yes" and nothing more.  If the CO presses on and asks if you plan to marry, then she says "not at this time" or "we haven't gotten to that point in our relationship".  If you haven't talked about getting married or agree it's not quite right at this time, it's not a lie.  

 

Be truthful, but don't offer any more information than what is requested.