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can I join my spouse when she returns to USA after marriage in India?

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Filed: Timeline

My fiancee is US citizen and plans to come to USA for 2 weeks ..during which we can get married if I can join her to USA on visitors or other temporary visa??

We heard that both in K1 and I-130 based visa it takes long time (at least 6 months) thats why we are thinking if I can get visa to join her?

For sure they will give visa to travel with her when she returns? or it depends on immigration officer in India ?can they deny my application?

Please give your opinion on what we should do ? do you think we should rather not get married in India and after our meeting we should file for fiancee visa?

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Filed: K-3 Visa Country: India
Timeline

If you marry in India and then your wife (US Citizen) returns back to the U.S. and applies for the K3 or I-130 for you, it will probably be very difficult for you to get a visitor's visa while you wait (unless you have extensive ties to India that indicate you are not likely to overstay your visitor's visa - for example, business and or property in India). Therefore, likely you will be denied. I have not heard of anyone getting a visitor's visa in a situation like you describe, but you should likely do a search of the forums to see if anyone has. Best of luck!

I-130

7/02/07 - I-130 Sent

7/05/07 - NOA1 Rec'd Date

7/11/07 - NOA 1 Notice Date

11/28/07 - NOA 2 APPROVAL

12/03/07 - Rec'd NOA 2 hardcopy

I-129F

7/16/07 - I-129F Sent

7/18/07 - I-129F Rec'd Date

7/20/07 - NOA 1 Notice Date

11/28/07 - NOA 2 APPROVAL

12/03/07 - Rec'd NOA 2 hardcopy

1/17/08 - Sent to NVC

NVC

1/24/08 - Rec'd by NVC

1/25/08 - Sent to New Delhi Consulate

Delhi Consulate

1/29/08 - Rec'd by New Delhi Consulate

1/30/08 - Packet 3 mailed by New Delhi Consulate

2/14/08 - Submitted DS-230 & completed checklist to Delhi Consulate in person

2/25/08 - Packet 4 mailed by New Delhi Consulate

3/24/08 - INTERVIEW - APPROVED!

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Filed: Timeline

If you are planning to get a tourist visa with intention to go to the US to marry, it is visa fraud. This is a forum for legal, not planned illegal, immigration. It's also not a forum to get tips on how to shortcut the legal immigration process. Just a tip.

1. Can't get married in india then file for fiance visa. That's visa fraud

2. Not good to apply for tourist visa to come to the US to get married. That's visa fraud

The LEGAL choices, which should be considered, are:

1. File a K1 fiance visa, get married in the states (6-8 months)

2. Get married in india, and file for an IR1 immigrant visa (8-10 months probably) or K3 spouse visa (6-8 months)

Nit and I went to the Jakarta Embassy, applied for tourist visa, after we were married, so at least we could have time together while the applications were being processed. Once they saw her ties to the US (married to USC) they told us that even though she had a home and mortgage there, still working, still had family there, and had to come back at least to take care of her home, the ties of marriage to USC outweighed all of those factors. SO, I'm thinking, that probably isn't likely though the consulate in India might look at it in a kinder light.

Regards,

David and Nitadyah

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Filed: AOS (apr) Country: Philippines
Timeline
If you are planning to get a tourist visa with intention to go to the US to marry, it is visa fraud.

There is nothing illegal or fraudulent about coming to the USA on a tourist visa and getting married... What is potentially problematic is coming to the USA on a tourist visa with the intent to immigrate. Subtle but very important difference.

YMMV

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:thumbs: Yep. They can come get married here, than then return before the tourist visa expires and wait out the CR1 or K3.

If you are planning to get a tourist visa with intention to go to the US to marry, it is visa fraud.

There is nothing illegal or fraudulent about coming to the USA on a tourist visa and getting married... What is potentially problematic is coming to the USA on a tourist visa with the intent to immigrate. Subtle but very important difference.

03/12/2007 - Married to my beautiful wife

04/16/2007 - Sent I-130 to VSC via USPS Express Mail

05/12/2007 - NOA1 received by snail mail after a loooong wait

05/14/2007 - Sent I-129F for K3 to Chicago Lockbox via USPS Express Mail

10/22/2007 - I129F APPROVED (161 days), I130 APPROVED (188 days)

11/08/2007 - I129F received at NVC, embassy case number generated.

11/13/2007 - I129F forwarded to embassy.

11/18/2007 - 129F petition received at embassy

01/09/2008 - finally, DOS gives me the interview date, April 16, 2007 (ouch)

01/23/2008 - never got packet 4, emailed embassy

04/11/2008 - picked up packet 4, did medical

04/14/2008 - medical report pickup, no problems

04/16/2008 - interview date- APPROVED!!!!!

04/18/2008 - both of us are home at last, POE JFK!

05/21/2008 - sent AOS and EAD

05/27/2008 - received NOA1 for AOS and for EAD

06/02/2008 - received Biometrics appt letter

06/19/2008 - Biometrics appointment scheduled - DONE

06/19/2008 - both AOS and EAD touched because of biometrics

07/29/2008 - EAD approved.

05/13/2009 - AOS Interview - APPROVED!/ Card production ordered email

05/18/2009 - Welcome Letter received

06/12/2009 - Second card production ordered email

06/19/2009 - Approval notice send email

06/22/2009 - Green Card received

04/09/2012 - Applied for Citizenship by Express Mailing N400 to NBC

04/10/2012 - N400 received by USCIS

06/23/2012 - Biometrics appointment

07/27/2012 - Appointment scheduled for N400 interview

09/05/2012 - Interview passed, oath ceremony completed, and Naturalization certificate received.

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