Most challenging visa quiery to date!!? Please help!!

[daniel2013 0]

I'll try to be concise, but it's a long story.

I am a US citizen with a US passport (as well as an English passport and Canadian citizenship card). My girlfriend/fiance is Portuguese, living in Portugal. We want to be together in Washington State without a time limit and we're willing to do whatever it takes.

Her visa history is complicated. As I have a criminal history here in the States and not much in the way of money (or a history of good credit) we thought it best to keep me out of the picture. So she tried for a 6 month tourist visa in the US embassy in Lisbon, Portugal. We were naive and unprepared and of course she got denied. A couple of weeks later she was in London (where we had lived together) and went for another 6 month tourist visa at the US embassy there, this time thouroughly prepared, but unfortunately to no avail. By this time we were several hundreds of dollars worse off with very little hope.

In the mean time she flys over to Canada where I meet her and we spend a couple of months together. On a whim we decide to try crossing the border and, go figure, it works, she crosses from BC to Washington without a problem! She legally enters with the typical 3 month visa waiver (or whatever the equivalent is on the Canadian border). After her time is up she leaves as not to add overstaying to our laundry list of problems.

We need advice on how to proceed. We're considering either the fiance visa or spouse visa (we can get married when I go back to Europe in the spring if thats the best option), or any visa that can get her over here. She is not longer eligible for the 3 month visa waiver now that she has been denied. We're worried that the two visa denials will also taint any future visa requests and make our marriage look suspisious (even though we've been together for years!).

Please help! This bureaucratic system is a nightmare!

Thanks,

Dan

[apple21 953]

I don't see how her past tourist visa denials can affect a K1 or spouse visa application. Unless she lied/misrepresented herself on the tourist visa forms. A denial because of lack of strong ties will not affect a K1 or spouse visa.

Your criminal history is another story. Google Adam Walsh Act.

[Ontarkie 14,143]

~~Moved to What Visa Do I Need - Family Based Immigration, from K-1 Fiance(e) Visa Process & Procedures- Duplicate thread has been removed.~~

[Bugs 455]

The previous non-immigrant visa denials are not an issue. It's your criminal history and lack of money that I would be worried about.

[lost_at_sea 995]

+1 other posts. To bring an immigrant spouse or fiancé, you'll need to be able to financially sponsor them or have a joint sponsor who is willing to do so. Look up the I-864 instructions and poverty guidelines to get an idea of the values involved (although if you go down the fiancé route you'll hit the I-134 first).

Edited December 5, 2013 by lost_at_sea

[Hypnos 6,576]

Did you cross the Canadian / US border by land or air? If by air, did she obtain a new ESTA authorisation declaring her two previous visa denials, as required?

Edited December 5, 2013 by Hypnos

[Jawaree 717]

She will have no probs if U petition her, unless she lied on any apps, or when she was allowed across the bordder

As to your crime if it dont fall under the Adam Walsh law...it don't matter as U R the USC`...just make sure she knows

all about your criminal past and bad credit when she interviews...U may need a co-sponsor for taxes

[canusa920 11]

The only problem I can see with you filing for a K1 or spousal is the fact you are sponsoring her and have to be 125% over the poverty line, if you are not - you will be denied and out even more money.. unless you can have someone help sponsor her to make a combined income over 125% over the poverty line...It sounds like your case is extremely risky because of the fact she has tried to get so many visas and all of which denied. Also, entering into the usa with intent to marry illegally is fraud and can be taken very seriously, with a ban of your girlfriend for a long time. My advice would be to hire a lawyer, do a K1 visa...She would not be able to live in the USA until her K1 is approved. Mine took roughly 7 months. It's the right way to do things and that way there is no issue with being deceitful. You can message me with questions if you want!

Good luck,

Kate

[Ketsuban 1,034]

Also, entering into the usa with intent to marry illegally is fraud and can be taken very seriously, with a ban of your girlfriend for a long time.

It's not fraud to enter the USA as a visitor and get married to a US citizen. I think you're referring to the act of entering the country with the intent of adjusting status after the marriage instead of going home to do the CR-1.

Edited December 5, 2013 by Ketsuban

[canusa920 11]

It's not fraud to enter the USA as a visitor and get married to a US citizen. I think you're referring to the act of entering the country with the intent of of adjusting status after the marriage instead of going home to do the CR-1.

It is fraudulent with entering with the intention of marrying. It's another thing if she arrived and he popped the question. Arriving with intentions to stay permanently on a visitor visa is fraud. You're essentially applying for a visitor visa to cutt corners on doing things the proper way in accordance to the law.

[Justine+David 218]

Katie and Ray, you're wrong. It's not illegal to intend to get married and then get married in the USA on a tourist visa. It only becomes illegal if you intentionally get married and then try to adjust status intentionally...

[lost_at_sea 995]

It is fraudulent with entering with the intention of marrying.

Wrong. That is not fraud.

It is fraudulent to enter the US with intent to marry AND THEN STAY on an incorrect visa type. It's the undeclared *immigrant intent* that is the issue, not getting married.

Entering with the intent to marry is entirely legal. See Vegas.

[canusa920 11]

Wrong. That is not fraud.

It is fraudulent to enter the US with intent to marry AND THEN STAY on an incorrect visa type. It's the undeclared *immigrant intent* that is the issue, not getting married.

Entering with the intent to marry is entirely legal. See Vegas.

My apologies, my lovely lawyer told me different when we were searching for easiest ways to marry.

Wrong. That is not fraud.

It is fraudulent to enter the US with intent to marry AND THEN STAY on an incorrect visa type. It's the undeclared *immigrant intent* that is the issue, not getting married.

Entering with the intent to marry is entirely legal. See Vegas.

My apologies, my lovely lawyer told me different when we were searching for easiest ways to marry.

[David & Diana R 1,005]

Katie and Ray, you're wrong. It's not illegal to intend to get married and then get married in the USA on a tourist visa. It only becomes illegal if you intentionally get married and then try to adjust status intentionally...

Is there a way you can get married unintentionally? hahaha Maybe in Vegas.

[DJ&L 83]

It only becomes illegal if you intentionally get married and then try to adjust status intentionally...

What does this mean?

Why would you do either of these things unintentionally?

Do you mean, get married intending to stay and adjust status? In other words, you can intend on getting married, just not intend on getting married and adjusting status.

Edited December 5, 2013 by DJ&L