Options.....

[Paulieman 0]

Hi,

I am currently on a visitors visa in the US and getting married in may which has been planned for months. because i didn't know the whole immigration process we got ourselfs in a pickle. someone told me the best thing we can do is get married and then i go home to the UK and file a K3? is this the best way to go or is there a faster, better way of doing this?

if i do have to file for a K3 is the first form to send off a I-130? any help would be great....

Cheers Paul

[snz1802 0]

Hi Paul

Have you gone to the guides section of this site at the top, it gives you step by step instructions on each option, just an idea for you

[frednat05 0]

Hi,

I am currently on a visitors visa in the US and getting married in may which has been planned for months. because i didn't know the whole immigration process we got ourselfs in a pickle. someone told me the best thing we can do is get married and then i go home to the UK and file a K3? is this the best way to go or is there a faster, better way of doing this?

if i do have to file for a K3 is the first form to send off a I-130? any help would be great....

Cheers Paul

Hi Paul,

There are a few things you have to check before making a decision (unless your marriage is already organized and you do not have a choice then )

- First, if you marry on a tourist visa, it's considered a visa fraud and this will stay on your record when you apply for an immigrant visa later on (I have absolutely no idea how bad this is, but it does not look good for sure)

- Second, I have heard of people who married with a tourist visa but then stayed in the US and applied for adjutsment of status from there..The major problem with this is that they could not leave the country for a while until everything was in order- but on the other hand you would not have to be apart for a while

- In my case I decided to choose the fiancee visa and marry later based on the fact it would be faster to get a work authorization this way, but I am not sure about that anymore, and maybe the K3 is better after all..To be checked..

good luck!

[gwenneh 7]

- Second, I have heard of people who married with a tourist visa but then stayed in the US and applied for adjutsment of status from there..The major problem with this is that they could not leave the country for a while until everything was in order- but on the other hand you would not have to be apart for a while

The problem with this route is that it's A: illegal and B: VERY VERY difficult to prove that you didn't have immigrant intent when you entered the country in the first place. Also adding to this is C: there will be an overstay involved after the visa runs out and before AOS is completed...further complications.

I still contend that the best route is indeed the K-3. Yes, you have to be apart but it's not illegal and you don't have an overstay to contend with. I wouldn't want to risk being told to leave the country and being barred from re-entry for a few years just so we could avoid a few months' separation...but that's just me.

[ppboo 0]

It would too much of uncertainty on marry with tourist visa... I was in the US last month, I do have the same thinking on doing that... but I just don’t want to risk too much of unknown and possibility longer separation after being told to go back to my home country...

It is very difficult on being apart... but for long term plan... I have chosen to go by K1... I'm waiting for packet 3 now...

Hope this help...

[Euro 3]

Hi,

I am currently on a visitors visa in the US and getting married in may which has been planned for months. because i didn't know the whole immigration process we got ourselfs in a pickle. someone told me the best thing we can do is get married and then i go home to the UK and file a K3? is this the best way to go or is there a faster, better way of doing this?

if i do have to file for a K3 is the first form to send off a I-130? any help would be great....

Cheers Paul

I did that......came to the US got married then returned to England to wait out the visa process!!

I came on a K3 visa which took 112 days from mailing to actual visa in passport!!, but its taking just a little bit longer than that at the moment maybe add a month!!

The I-130 seems to be getting approved faster now too..........

Good Luck in what ever you decide

YES first you must send the I-130 then once you have the first notice from that (NOA!) you send a copy of that with your I-129F(K3)!!

-

First, if you marry on a tourist visa, it's considered a visa fraud and this will stay on your record when you apply for an immigrant visa later on (I have absolutely no idea how bad this is, but it does not look good for sure)

it is NOT visa fraud to marry on a VWP as long as you return to your own country.........it is considered visa fraud if you enter the US with the intention of getting married & adjusting status!!

Edited April 16, 2006 by euro

[Fischkoepfin 1]

I agree the best thing to do would be to go back and have your spouse fill an immigrant petition for you. Getting married on a tourist visa is totally no problem unless you decide to stay, and given the fact that you're planning a big wedding a will be hard to prove that you got married spontaneously.

So, once you're married (or even before if you have the time to do so), fill out the paperwork for the I30. Send off the I-130 as soon as you're married and you have a copy of your marriage certificate. You can do so while you're still in the US, but should indicate that you're planning to leave. If you want to be on the safe side file the 129f in addition, but you have to wait for the receipt notice of the I-130 before you can do that. After that, all you can do is wait and hope for speedy approval. You can find out more about the I-130 (CR1-visa) and 129f (K3-visa) in the guide section.