Opinions: what would you do??

[desert_fox 32]

Don't confuse "getting away with it" with "legal". This is not legal. It is visa fraud.

As I see it, you're advocating visa fraud. The fraudulent scenario you are describing is based on the idea that if the wedding takes place more than 60 days after entry, you have a better chance of convincing USCIS that your lie is truth. The lie you must tell for this fraudulent scheme to work is that the decision to marry, took place after entry. I advise against this path in the strongest possible way. IMO, the post containing the suggestion as well as my reply quoting it should be deleted by a moderator ASAP.

From what I've seen.

A US Consulate is authorized to issue a B2 visa for the express purpose of getting married in the US, as long as he is convinced that you will be returning to your home country to wait out a petition.

No Consulate will issue a B2 visa if he feels that you are going to come to the US, get married and adjust status.

If you try to enter on the VWP, and CBP has the slightest hint that you are going to get married and try to adjust staus, he will send you back in a heart beat.

With all this said, once you enter, you are home free. You could get married the next day, and adjust status without any problem.

I'm not advising that you do this, as I preferred the old fashioned K1, but I have seen it done. My own nephew got married 12 days after his fiancee entered from a SEA country on a B2. This was against my advice, but she adjusted status without any problem, and was never asked as to what her intent was when she entered the US.

I think that that 30-60 rule that the USCIS used at one time has been totally abandoned, and is not used.

This is my opinion, any lawyer will tell you that you can do it....but I'm not advising that you do it.

[dphyled 0]

hrmmm, wow... haha, i thought i had my mind made up on the K-1 fiancee visa, but after checking the waiting time stuff for IR-1/CR-1, i'm not so sure again...

I had somewhat dismissed the IR-1/CR-1 earlier because i had checked the AVERAGE waiting time, which was like 420 days... the IR-1/CR-1 sounded pretty sweet because she would come in as a permanent resident AND able to work once it was done, but the waiting time looked too crazy. However, it says that the average time FOR JAPAN, between NOA2 and interview is only like 77 days!!! As opposed to the 175-300days for most other countries. So, average 13 days for I-130 to NOA1, average 107 days for NOA1 to NOA2, and then average (maybe) 77 days from then till the interview...

so, yep... I had made up my mind, decided to just go with the K-1 and start getting everything together so i could get the ball rolling... but now that i see that, i need to think some more. Hrrrrrrrrrrrrrmmmmmmm....

[Rhiannon 0]

From what I understand, it is legal to get married on a tourist visa as long as you return to your home country for processing.

There is another rule, however, which I'm not completely copasetic on but I believe it works and is legal.

If your girlfriend comes here for 60 days, and then you guys get married on the 61st day, she can stay for processing. The officer at the POE when my fiance came through to marry me (he was completely open and honest and they let him through, but he also had a lot of proof that he wasn't staying) talked to him about the 60 day rule, so it seems to be open knowledge. I don't know a lot of details about it though, because it wouldn't work for us.

Good luck and welcome!

Don't confuse "getting away with it" with "legal". This is not legal. It is visa fraud.

As I see it, you're advocating visa fraud. The fraudulent scenario you are describing is based on the idea that if the wedding takes place more than 60 days after entry, you have a better chance of convincing USCIS that your lie is truth. The lie you must tell for this fraudulent scheme to work is that the decision to marry, took place after entry. I advise against this path in the strongest possible way. IMO, the post containing the suggestion as well as my reply quoting it should be deleted by a moderator ASAP.

I quite beg your pardon, pshbrk. Let me tell you - I've been sweating since January trying to figure out the best and LEGAL way for my honey to come here and live. We are doing everything by the book, letter etc, and I would never knowingly advocate visa fraud to anyone; this was perhaps stupid, but I thought since the officer at the POE talked about route mentioned above, it was okay. This is evidently my mistake. Next time i'll just let you answer the question, that's for sure!

[u2rsobad 0]

[Well if you girlfriend is coming here on tourist visa, let her come she can stay here for 6 months. Apply for k1 (fiance visa) after she arrives, it probably will get approved by the time her tourist visa period is over, she can go back attend the interview and come back.

That way you guys get to be together during most of the process. I don't think there is anything illegal in what I suggested. Correct me if I am wrong.

I've never heard of a tourist visa for 6 months, only 90 days. I lived in Japan for 15 years and have been back here in the US for 4 and we chose the K1 route. It seems like a long time, but it's really not so bad. My fiance and I have been together for nearly 12 years now, and although it's hard being apart (he's come for several visits), we were told that during the process (once we filed) I could go and visit him, but he can't come here. We too, are hoping for a NOA2 soon and that he'll be here around Christmas time...don't worry...you're not alone in this "fun" waiting game we all have to play

[maekai05 0]

There are two type of tourist visas for Japanese. One is for Visa Waiver program which people from some countries including in Japan are allowed to enter US without visa. This is for 3 months.

Another is B-2 Visa, which allow you to stay in US for 6 months for tourism. But I heard it is difficult to get.

Once you are applying for K-1 visa, or K-3 visa or CR-1, during the process, your fiancee (or spouse) can enter US with visa waiver or B-2 Visa. This is not illegal. But since it is depends on the officer , it is too difficult to assume if she will allow to be entered. if she brings the proof of strong tie to Japan, it is more likely approved to be entered. But this time, you should not tell the office "a lie", tell him honestly that she is visiting her husband or fiancee for a short time and make him believe that she will be out of US when the visa is expired (She MUST get out of US no matther what) and bring NOA1 of I-130 or I-129F. That way you can explain him that she is in the process of obtaining those visas.

I myself didn't try this (even my husband is recommending this) because I am affraid if I am turned down..

But I know that lots of people who did this sucsessfuly very recent. Well, I just know people applying for K-3 or CR1 who did sucessfuly. I don't know about K-1 people...

The key is "tell the office the truth"

[NANDA 0]

YOU already had a lot of advices!

I just want to say: good luck!

Lovely love story!