Marraige while on a Tourist Visa

[Cécy 44]

Christin, you have to know that you can come to visit him in the US and file for the K1 visa from there, that way you shorten in a way the time you will spend separated. You will have to go back to your home country for the rest of the process, but it might help you.

Someone correct me if I'm wrong but it's probably the same if you file for a K3 right? Can you stay in the US while your visa or the VWP allows you to and file at the same time?

Check this out to compare your different options: http://www.visajourney.com/forums/index.ph...mp;page=compare

You are in a specific situation with someone in the military, as said above, there are things that are done in that case.

My personal opinion is that since you don't know when he'll be deployed you should get married and file for K3 or IR-1 / CR-1.

[Christin 0]

i know we should do that, but my parents are pretty much stressin' because of that. circumstances are pretty bad in our case. feels like the whole world is against us. it's terrible. and this visa stuff is really hard to understand. you have to think about soooo many things. it's confusing sometimes. so, would you say it's hareder to get K-1 or K-3? which one will take us longer? i already looked at the forms we have to fill out, looks complicated. and i also don't understand all the things like NOA and the packs i get. uaaahhhh i'm so lost and going to that medicals and the interview....i never thought it'S so hard to get married to an american. and how much will the K-1 be in the end? at the moment it sounds like the best option. but we still won't do it before hes# out i guess. because even if he gets it before deployment and i go to the states and get married, i would be alone for 15 months after that. i couldn't do that. i need his support in the first months. so we will just fill the first forms out and write this letter together that you have to write and we will send it sometime in april. does that sound good?

Edited September 7, 2007 by Christin

[GabachaYucateca 0]

Oh, my lord, Christian. You've got me totally lost. And you're waaayy ahead of yourself. Back up, take a deep breath, and start by informing yourself about the different kinds of visas. Read the guides which clearly explain the different types of visas which exist.

It's not hard, you just have to be able to follow directions and complete each step one by one.

[john_and_marlene 162]

i know we should do that, but my parents are pretty much stressin' because of that. circumstances are pretty bad in our case. feels like the whole world is against us. it's terrible. and this visa stuff is really hard to understand. you have to think about soooo many things. it's confusing sometimes. so, would you say it's hareder to get K-1 or K-3? which one will take us longer? i already looked at the forms we have to fill out, looks complicated. and i also don't understand all the things like NOA and the packs i get. uaaahhhh i'm so lost and going to that medicals and the interview....i never thought it'S so hard to get married to an american. and how much will the K-1 be in the end? at the moment it sounds like the best option. but we still won't do it before hes# out i guess. because even if he gets it before deployment and i go to the states and get married, i would be alone for 15 months after that. i couldn't do that. i need his support in the first months. so we will just fill the first forms out and write this letter together that you have to write and we will send it sometime in april. does that sound good?

I recommend that your fiance contact a good immigration attorney to walk the two of you through this.

http://www.visajourney.com/forums/index.ph...mp;#entry976448

[athena_ny 1]

i know we should do that, but my parents are pretty much stressin' because of that. circumstances are pretty bad in our case. feels like the whole world is against us. it's terrible. and this visa stuff is really hard to understand. you have to think about soooo many things. it's confusing sometimes. so, would you say it's hareder to get K-1 or K-3? which one will take us longer? i already looked at the forms we have to fill out, looks complicated. and i also don't understand all the things like NOA and the packs i get. uaaahhhh i'm so lost and going to that medicals and the interview....i never thought it'S so hard to get married to an american. and how much will the K-1 be in the end? at the moment it sounds like the best option. but we still won't do it before hes# out i guess. because even if he gets it before deployment and i go to the states and get married, i would be alone for 15 months after that. i couldn't do that. i need his support in the first months. so we will just fill the first forms out and write this letter together that you have to write and we will send it sometime in april. does that sound good?

No one here is going to condone you committing fraud. And it's going to be much easier to spend the extra money and not worry about being found out - and if he gets deployment orders, there is expediting processing of K1 available (I believe). There's nothing here that much more complicated than anyone else's case - NO ONE wants to be apart.

[Killer_Clown_2009 0]

Back to the topic.....

What about this?

Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980)

According to Matter of Cavazos, in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain.

Hmmmm..... perhaps working without authorization would be an additional adverse factor. Although working without authorization can be forgiven, it is yet another adverse factor that may cause the adjudicator to weigh it against this ruling as cause to deny in the light of another adverse factor.

I thought I should add a bit to this previous post. While this ruling offers some protection to the immediate relative seeking adjustment, it does not alleviate denial based on material misrepresentation either during visa application or entry at the POE. When you apply for a tourist visa, you will give a reason for requesting the visa. Certainly the visa would be denied if you answered that you wanted it so you could join your spouse and adjust status. If you give an alternate reason in order to obtain the visa, but expect to use the visa to join your spouse and adjust status, that would be material misrepresentation and the Cavazos ruling does not protect you against denial on those grounds.

So, for the sake of this arguement, let's say you already have a tourist visa and have been using it correctly to visit. Now you decide to use it one last time to join your spouse and adjust status. So far, you can find comfort in the Cavazos ruling. But, you will probably be asked the intent of your visit when you are going through immigration at the POE. If you give an alternate answer in order to obtain entry at the POE, but in fact are planning to adjust status, that would be material misrepresentation. If the discussion at the POE is verbal only, it may be hard to prove, but the danger is there. If you are subjected to secondary inspection, you may be asked to sign a statement as to the intent of your visit.

The point I'm trying to make is that while there is a ruling regarding the intent issue, it's protection is not absolute. Material misrepresentation is a compelling adverse factor that is not so easily overcome. I think it would be a rare instance that, at the very least, someone would not be asked the purpose of their visit at the POE. Giving an alternate answer for purposes of gaining entry, when entry would be denied if the truth were known is, by definition, material misrepresentation.

Cavazos married his USC spouse the VERY same day that he entered the US. He did not offer this information when entering the US (nor was he asked about it).

I don't see how you CAN'T have material misresprentation if it was your preconceived ntent to come to the US, get married and immigrate all on a tourist visa. Obviously people don't offer up their preconceived intetent at the POE or when applying for a visa, otherwise they would be denied entry into the US.

Edited September 7, 2007 by jane2005