Tourist Visa + Adjust Status

[SR VS 0]

I've tried searching the FAQs here, searching furiously all over the internet in general, and while my hopes were high for the information the diocese here gave to me, I would also like some second opinions of people here, as I can tell there's a good amount of friendly people here who know first-hand about it. I'm also sure some people understand the urgency we have to be together.

My girlfriend is from Greece, and plans on moving here (California), and we are going to get married.

What I was told is things can happen in this order:

- She gets her passport + tourist visa (B2?) from the embassy in Athens

- She comes here on the tourist visa

- We get married here

- Immediately file change of status for her

- She stays here, possibly needing at some point to get an extension until the change of status goes through

- After some 6 months or so she gets a permanent residency status, or something relative to where she can legally work.

Was this correct information that I was given?

[john_and_marlene 162]

I've tried searching the FAQs here, searching furiously all over the internet in general, and while my hopes were high for the information the diocese here gave to me, I would also like some second opinions of people here, as I can tell there's a good amount of friendly people here who know first-hand about it. I'm also sure some people understand the urgency we have to be together.

My girlfriend is from Greece, and plans on moving here (California), and we are going to get married.

What I was told is things can happen in this order:

- She gets her passport + tourist visa (B2?) from the embassy in Athens

- She comes here on the tourist visa

- We get married here

- Immediately file change of status for her

- She stays here, possibly needing at some point to get an extension until the change of status goes through

- After some 6 months or so she gets a permanent residency status, or something relative to where she can legally work.

Was this correct information that I was given?

Obtaining and using a tourist visa for the purpose of immigration is visa fraud. If she plans to come here and get married and then adjust status, the correct visa is K1.

[zqt3344 21]

I've tried searching the FAQs here, searching furiously all over the internet in general, and while my hopes were high for the information the diocese here gave to me, I would also like some second opinions of people here, as I can tell there's a good amount of friendly people here who know first-hand about it. I'm also sure some people understand the urgency we have to be together.

My girlfriend is from Greece, and plans on moving here (California), and we are going to get married.

What I was told is things can happen in this order:

- She gets her passport + tourist visa (B2?) from the embassy in Athens

- She comes here on the tourist visa

- We get married here

- Immediately file change of status for her

- She stays here, possibly needing at some point to get an extension until the change of status goes through

- After some 6 months or so she gets a permanent residency status, or something relative to where she can legally work.

Was this correct information that I was given?

Obtaining and using a tourist visa for the purpose of immigration is visa fraud. If she plans to come here and get married and then adjust status, the correct visa is K1.

UNREAL, a diocese(probably the Catholic Church) told you to do this! As stated above this is blatant visa fraud, because you "intend" to get married on a tourist visa which your finance will take an oath and be asked a question by USA officials if she intends to come to the USA and immigrate or not on this tourist visa, which if she says no and then does so later on, guess what visa fraud. I am totally shocked at the number of people on this website that abuse the USA immigration law and flagrantly and arrogantly try this or give you such advice. What needs to happen to shut down this supposedly legal loophole is for anyone filing for a GreenCard after marrying on a tourist visa or work visa, that did not apply for a K1 or K3 needs to pay $10,000 to apply for AOS green card since they cannot follow the law, maybe the USCIS knew what they were doing when they raised these fees in July 30, I am getting my eyes opened more and more and more to the outright dishonesty and abuse this great country experiences with it's immigration rules even for those of us that can do it legally and choose not to or get advice from others not to, and from a diocese, just unbelievable. That diocese needs it's tax exempt status yanked, then I bet they would not be giving out that advice or trying to shelter so many would be immigrants or helping them game or ripoff the US laws. I am disgusted at this. Get a k1 or k3 that is what they are for, marriage visa.

[rika60607 215]

Apparently the number of friendly people here was overestimated

It is correct that your girlfriend will be in an unpleasant situation where she would have to lie to the consular to obtain the tourist visa. They will ask that question, and if she admits to having a US citizen fiance, they will not give her a tourist visa. It is not advisable to lie to the consular, really. However, if your girlfriend is from Greece, why does she need a visa? Isn't Greece a part of the EU?

So, she comes to the US several times, lives with you and if you guys are happy - she may decide do get married and stay. BUT: she will have to prove to USCIS that she did not have intention to stay and marry when she entered the US. It is hard to do and if you fail - the penalty may be deportation and ban from entering the US. Are you willing to risk this?

It is safer to apply for K-1 and have her come to the US in 7-9 months.

Everybody has an urgency to be with their significant others. Most people here follow the proper route, endure the separation and will be pissed at you for taking shady shortcuts. Beware

[Kez/JWolf 6]

I've tried searching the FAQs here, searching furiously all over the internet in general, and while my hopes were high for the information the diocese here gave to me, I would also like some second opinions of people here, as I can tell there's a good amount of friendly people here who know first-hand about it. I'm also sure some people understand the urgency we have to be together.

My girlfriend is from Greece, and plans on moving here (California), and we are going to get married.

What I was told is things can happen in this order:

- She gets her passport + tourist visa (B2?) from the embassy in Athens

- She comes here on the tourist visa

- We get married here

- Immediately file change of status for her

- She stays here, possibly needing at some point to get an extension until the change of status goes through

- After some 6 months or so she gets a permanent residency status, or something relative to where she can legally work.

Was this correct information that I was given?

There is provision within immigration law to allow people who entered the US with no intent to remain to file for AOS if they then change their mind.... as your girlfriend is not already in the US and you are asking questions about is this possible... your girlfriend who be entering the US illegaly on a tourist visa with the sole purpose of getting round the immigration laws....

You would need to file for a K1 visa that will allow her to enter the US with the intent of getting married and filling for AOS....

Kez

[SR VS 0]

Thanks to those who have answered thoughtfully with regard to my situation, and of course I don't want to commit fraud, so I'll certainly be careful with that. And to those other U.S. born citizens getting too easily fired up, relax, I'm just merely getting information. I somehow doubt your ancestors came over on a K1 or K3, and even more sure you exploit legal loopholes elsewhere, as pretty much every other citizen does to avoid paying taxes, or for whatever other reason, so I can't say I'd feel too bad.

[ELW 5]

Agreed with the others, see the GUIDES tab at the top of this page and click on K1, there you will find all details of the process. Best wishes for a happy life together!

[CB82 0]

The Diocese gave you wrong information. Since she is still in Greece you should apply for the K1, and then get married when she arrives on it. Did the person you speak to even mention the K1?

Edited November 14, 2007 by CB82

[Minya's wife 25]

I've tried searching the FAQs here, searching furiously all over the internet in general, and while my hopes were high for the information the diocese here gave to me, I would also like some second opinions of people here, as I can tell there's a good amount of friendly people here who know first-hand about it. I'm also sure some people understand the urgency we have to be together.

My girlfriend is from Greece, and plans on moving here (California), and we are going to get married.

...

UNREAL, a diocese(probably the Catholic Church) told you to do this! As stated above this is blatant visa fraud, because you "intend" to get married on a tourist visa which your finance will take an oath and be asked a question by USA officials if she intends to come to the USA and immigrate or not on this tourist visa, which if she says no and then does so later on, guess what visa fraud. I am totally shocked at the number of people on this website that abuse the USA immigration law and flagrantly and arrogantly try this or give you such advice. What needs to happen to shut down this supposedly legal loophole is for anyone filing for a GreenCard after marrying on a tourist visa or work visa, that did not apply for a K1 or K3 needs to pay $10,000 to apply for AOS green card since they cannot follow the law, maybe the USCIS knew what they were doing when they raised these fees in July 30, I am getting my eyes opened more and more and more to the outright dishonesty and abuse this great country experiences with it's immigration rules even for those of us that can do it legally and choose not to or get advice from others not to, and from a diocese, just unbelievable. That diocese needs it's tax exempt status yanked, then I bet they would not be giving out that advice or trying to shelter so many would be immigrants or helping them game or ripoff the US laws. I am disgusted at this. Get a k1 or k3 that is what they are for, marriage visa.

Actually, it would probably have been the Greek Orthodox diocese, as the Greeks are overwhelmingly Greek Orthodox. But I agree with you that its quite shameful that a member of a diocese of any religion advocates commiting fraud of any kind! Perhaps the person giving the advice was uninformed, but from what the OP wrote in bullet style it looks and sounds like a developed plan of action that has been "advised" to more than one person.

To the OP: You will find a very cold reception here on VJ to the mere idea that someone would commit visa fraud. Every single one of us are here because we did things the "right" way. In many cases members waited (and are waiting) ungodly amounts of time to be approved and be issued a visa to come and live with their loved one. Your GF is from an EU country, meaning she can come and visit as she chooses.....(not like some of our SO's, who can't come visit because the a tourist visa is impossible to get). So use that tourist visa for the purpose it was created, to visit....in the meantime apply for a fiancee visa(K1), take a number and get in line like the rest of us here on VJ!

Good luck!

-P

[meemette 0]

I don't agree with zgt3344's statement that "What needs to happen to shut down this supposedly legal loophole is for anyone filing for a GreenCard after marrying on a tourist visa or work visa, that did not apply for a K1 or K3 needs to pay $10,000 to apply for AOS green card since they cannot follow the law..."

While marrying in the US after entering the country with a tourist visa and the intent to get married is fraudulent, please not that everybody's situation is different and that the situation of people with a work visa is unique. I entered the US years ago as a student with an F-1, stayed and worked under an H-1B -- this all happened long before I even met my fiance, let alone decide to marry him. Therefore, I filed for AOS after marrying my fiance on a work visa, but I follow immigration laws and never intended to find any loophole. I just don't see why I should leave my current job in the US and apply for another visa in my home country simply because you think that would be more fair!

[Cécy 44]

Thank you meemette.

in our case I came on a B2 visa because I couldn't stand being away from my boyfriend anymore. I had no plans whatsoever to get married in the US. We were even ready to file for a K1 when we decided that yes we really did want to be together. I had been looking for a job to get a work visa as an alternative solution.

So yes I got married under a tourism visa. Is it fraud? No! Or i wouldn't have done it. I even asked my immigration attorney about it before we made any decision.

So please do stop judging.

It is one thing to come with the intent of getting married and applying for AOS (because you can come to get married in the US and go back to your home country afterward) and i do agree that all should be warned that this is not the legal way to do it. But it's quite an other to get married in the US while already there and without planning it ahead.

Hell, if I had planned it, I would have made sure that my parents had at least met the man before. They still don't know him.

As for the OP, either you two apply for a K1, then upon being approved she can come to the US, you can get married and then apply for AOS. Or else you can get married in Greece and apply for a K3 visa and then she can come to the US and apply for AOS.

Good luck. the guides are very helpful and you will find many people in the k1 and other sections of the forum that can help you during the process.

I also advise taking a look at the regional forums and see if there are couples from greece you can talk to.

[SR VS 0]

Thanks again for those who have responded, especially those who are willing to understand one's situation.

I did get much further information from a friend who dealt with the INS and their backgrounds and it would seem it's too much of a high risk move considering my girlfriend who owns businesses and would have to give them up. Not worth the possible results.

So looks like she's going to come here for a visit, go back, and we'll file the K1, and hope things happen as quickly as possible.

Edited November 14, 2007 by Cye

[bradcanuck 1]

UNREAL, a diocese(probably the Catholic Church) told you to do this! As stated above this is blatant visa fraud, because you "intend" to get married on a tourist visa which your finance will take an oath and be asked a question by USA officials if she intends to come to the USA and immigrate or not on this tourist visa, which if she says no and then does so later on, guess what visa fraud. I am totally shocked at the number of people on this website that abuse the USA immigration law and flagrantly and arrogantly try this or give you such advice. What needs to happen to shut down this supposedly legal loophole is for anyone filing for a GreenCard after marrying on a tourist visa or work visa, that did not apply for a K1 or K3 needs to pay $10,000 to apply for AOS green card since they cannot follow the law, maybe the USCIS knew what they were doing when they raised these fees in July 30, I am getting my eyes opened more and more and more to the outright dishonesty and abuse this great country experiences with it's immigration rules even for those of us that can do it legally and choose not to or get advice from others not to, and from a diocese, just unbelievable. That diocese needs it's tax exempt status yanked, then I bet they would not be giving out that advice or trying to shelter so many would be immigrants or helping them game or ripoff the US laws. I am disgusted at this. Get a k1 or k3 that is what they are for, marriage visa.

Take a zanax and CALM DOWN. You're spazzing again.

[payxibka 10,045]

While marrying in the US after entering the country with a tourist visa and the intent to get married is fraudulent, please not that everybody's situation is different and that the situation of people with a work visa is unique.

No fraud in the situation you describe above....

[meemette 0]

Well, it is fraudulent if you intend to adjust status and live in the US, right?