What To Do If Your Fiance Is Already In The USA

[Mister Ecua 0]

I have a peruvian fiance who is already here in the US, the problem is that her tourist visa is about to or has already expired. How do I approach this situation? I don't want to go to the embassy and say "hey my fiance visa is expired, but I want her to stay because we are getting married" and she ends up getting the boot back to peru. On top of this, she has a 4 year old daughter that is in Peru that we want to bring over. Folks, what do I do?

[The Molinas 0]

Make her go back home to her country and then file the I-129F (k1 fiance visa)

& the k2 visa for her daughter

[TimsDaisy 0]

If her tourist visa has not expired and IF she wasn't committing fraud when she came here on the tourist visa, you need to go to the government ASAP before the visa expires and take action to rectify the situation. You can also get married right away. Again, this is only appropriate if she came in as a tourist and not as a fiance attempting to skirt the system.

Once you're square with the government, begin the AOS process and the paperwork necessary to bring her daughter here.

(btw: do you mean her visa is about to expire or the I-94 is about to expire? if that has already expired - the document that should be stapled in her passport - you have a more serious problem. if that hasn't expired, from what i recall, the process by which you can extend the I-94 isn't too complicated. again, that's only IF you haven't hit the expiration date yet.)

[The Molinas 0]

If her tourist visa has not expired and IF she wasn't committing fraud when she came here on the tourist visa, you need to go to the government ASAP before the visa expires and take action to rectify the situation. You can also get married right away. Again, this is only appropriate if she came in as a tourist and not as a fiance attempting to skirt the system.

Once you're square with the government, begin the AOS process and the paperwork necessary to bring her daughter here.

thats the illegal way...

[The Molinas 0]

2. Why Can't You Just Use a Tourist Visa?

Many fiancés and spouses immigrating from overseas wonder why they cannot simply use a tourist visa to enter the United States. They know they will spend a long time outside the United States waiting for their proper visa, while their fiancé or spouse is living inside the United States. But they also know that a tourist visa can be gotten in a few days. So why, they wonder, can't they just pick up a tourist visa, come to the United States, and then worry about the rest of the green card application process once they're together here?

There are problems with this idea. First, if you pose as a tourist with the secret intention of staying in the United States for an indefinite time, you will have committed visa fraud. Visitor visas, or indeed any temporary visas, are for people who intend to stay temporarily -- and then leave. They are not for people who plan to marry and live happily ever after in the United States. If U.S. Citizenship and Immigration Services (USCIS, formerly called "INs") chooses to make an issue of it, your misuse of a tourist visa could lead to your losing the right to obtain a marriage-based green card and most other types of visas.

http://www.nolo.com/product.cfm/ObjectID/E...eChapter/3/118/

Edited March 8, 2007 by The Molinas

[TimsDaisy 0]

It's illegal if she entered the country using the tourist visa as a cover for her true intentions. if she entered as a tourist (or student or worker or whatever) legitimately and then met and fell in love with this guy, AND if she isn't already over her time, then, marrying and adjusting her status would not be illegal, correct?

it may be difficult to show enough evidence to prove she didn't enter with fraudulent intent - but, giving the OP the benefit of the doubt, i gave an answer.

again, if she got in hoping to circumvent the proper process, then ya, that's a no-no.

[The Molinas 0]

Getting married on a tourist visa is not illegal, but staying in the country after the marriage is illegal.

[serendipitous 0]

My fiance was here when we first started to file for the I-129F. I prepared the papers like a month in advance and it made everything much simpler. We would compile our information together, he was able to sign forms and so forth and we got everything in order rather quickly because he was actually here with me.

We sent off the petition before he had left, and we got our NOA1 when he was still here.

That's what we did and so far although he is in Australia, everything is going pretty smoothly.

We're only about 3 weeks into the process and already our case is being sent over to the Consulate in Australia.

Are you intending for her to just stay with you without going back to get her daughter and all her belongings?

[The Molinas 0]

I have a peruvian fiance who is already here in the US, the problem is that her tourist visa is about to or has already expired. How do I approach this situation? I don't want to go to the embassy and say "hey my fiance visa is expired, but I want her to stay because we are getting married" and she ends up getting the boot back to peru. On top of this, she has a 4 year old daughter that is in Peru that we want to bring over. Folks, what do I do?

@ serendipitous We did the same. we started the K1 process while i was visiting my fiance (now husband) in the US

[TimsDaisy 0]

Getting married, staying, and NOT FILING TO ADJUST STATUS is illegal. How do you think the fiance stays once the marriage has been completed on the K1? Technically, you still have to bail after 90 days since it is a NON IMMIGRANT visa, remember?

But you file for AOS so you can stay.

Again, the key here is what they will have to prove to the government - and they know those facts, we don't.

[The Molinas 0]

so you are trying to say that theres nothing illegal about coming to the US on a tourist visa (without the intent to marry), get married and then file for AOS???!?!?!??!

Why is not everybody on here doing it then?????

[TimsDaisy 0]

so you are trying to say that theres nothing illegal about coming to the US on a tourist visa (without the intent to marry), get married and then file for AOS???!?!?!??!

Why is not everybody on here doing it then?????

BECAUSE not everyone met their sweetie while the sweetie was here on a tourist visa.

Your answer pre-supposes the couple in question had already met and the woman snuck in under false pretenses. I met my now fiance while he was here on a tourist visa after he had been here already for 5+ months. Had we married at that time, he could have petitioned to adjust status because when he entered it wouldn't have been possible for him to have intended to marry and remain since WE HADN'T MET YET! Again, it comes down to the burden of proof any couple would have to show the government.

There was a poster here a few days ago in the country on a student visa who, after being here for years, has met someone, fallen in love, and can marry him and petition to adjust.

Your presumptions may be correct, but we don't know - and frankly, I don't even want to know - I'm just answering based on my understanding of the law. And as someone else already warned - if the government smells a whiff of fraud and nails this couple, then they are likely screwed permanently, so they should consider themselves warned.

[msu17 0]

Because we'd be entering with the intent of marrying which IS visa fraud. That's why when our SO visits on VWP they have to show lots of evidence they are going to return home. However had my fiance and I gotten married when he was here on his student visa (since we met when he came in on this), we could have filed directly for AOS since he did not enter with intent to stay.

[TimsDaisy 0]

And frankly, not a damn day goes by when I don't wish the fates had aligned sooner to allow us to go that route rather than this one - and I would hazard to guess that most people here would agree. And that's not encouraging cheating or cutting in line or anything illegal. It's a legitimate process by which someone could remain in the country and that it exists offers a glimmer of hope that the government does take into account basic human history and nature: people meet and fall in love! Poof! Some just have better timing than others.

Again, the key to the OP's situation here is the facts underlying their own timeline - which again, is between them and the government.

Edited March 8, 2007 by TimsDaisy

[msu17 0]

And frankly, not a damn day goes by when I don't wish the fates had aligned sooner to allow us to go that route rather than this one - and I would hazard to guess that most people here would agree. And that's not encouraging cheating or cutting in line or anything illegal. It's a legitimate process by which someone could remain in the country and that it exists offers a glimmer of hope that the government does take into account basic human history and nature: people meet and fall in love! Poof! Some just have better timing than others.

Again, the key to the OP's situation here is the facts underlying their own timeline - which again, is between them and the government.

Haha, ya... I wish I knew this process better when I first met my fiance! He even wanted to stay and finish school here and I was the idiot who convinced him to go home and finish cause it was faster to get his degree!!!