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Thread: Can someone take their girlfriend to USA for marriage and stay?

  1. #21
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    I am not an immigration attorney nor play one on TV.

    Please use a little common sense here. The purpose of a tourist Visa is to visit the US as a tourist. You know, visit grand old Americana. I have family who have no intention of living in the US and i remember them visiting for a few weeks and mentioning that their visas were valid for 6 months. Some also had visas which allowed them to freely visit the US back and forth for a specified amount of time.

    If you are approved for a Tourist Visa and then you get married in the US then it seems you really had no intention on really coming here and leaving with tourist status. Looks like that person applied for the wrong Visa.

    Please consult a reputable attorney.

    seems like fraud

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  3. #22
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    Quote Originally Posted by DRdreaming View Post
    You are not violating the terms of your tourist visa by getting married. And you are not overstaying your tourist visa if you have filed for a change of status. USCIS has very clear instructions on how to complete this process.

    And yes, this advise was given to a me by an immigration attorney.

    Sent from my SAMSUNG-SM-G930A using Tapatalk

    Really? Nice method to get deported.

    This has been tried many times with consequences. Find yourself another lawyer- you are violating the terms of your Tourist Visa. Here's one recent sample:

    http://nypost.com/2017/05/21/immigra...e-on-vacation/

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  5. #23
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    Quote Originally Posted by tmnyc View Post
    Really? Nice method to get deported.

    This has been tried many times with consequences. Find yourself another lawyer- you are violating the terms of your Tourist Visa. Here's one recent sample:

    http://nypost.com/2017/05/21/immigra...e-on-vacation/
    How about this, Are you able to legally get married while in the USA, leave and go back home and apply for the paper work from your country of origin? In other words, is it illegal to get married in the USA to an American citizen?

    This seems a little confusing. It would imply that no foreigners are allowed to get married in the USA?

    Frnk

  6. #24
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    Quote Originally Posted by tmnyc View Post
    Really? Nice method to get deported.

    This has been tried many times with consequences. Find yourself another lawyer- you are violating the terms of your Tourist Visa. Here's one recent sample:

    http://nypost.com/2017/05/21/immigra...e-on-vacation/
    Yes, applying for a tourist visa for the purpose of entering the country, getting married, and remaining in the US would be fraud. And also would be a waste of money and time, as the i130 and 485 would still need to be filed. The current wait times for i130, K1, and tourist visa are approximately the same.

    However, if someone already holds a visitors visa, and is currently in the US, USCIS provides instructions on their website to apply for a change of status, and allows the applicant to legally remain in the US while the application is processing. See below, taken directly from the USCIS website.

    Get a Green Card While Inside the United States

    One Step Process
    Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page.

    Two Step Process
    You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

    Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.
    Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797). For more information on filing for permanent residence, see our Adjustment of Status page.

    Sent from my SAMSUNG-SM-G930A using Tapatalk

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  8. #25
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    Quote Originally Posted by frank12 View Post
    How about this, Are you able to legally get married while in the USA, leave and go back home and apply for the paper work from your country of origin? In other words, is it illegal to get married in the USA to an American citizen?

    This seems a little confusing. It would imply that no foreigners are allowed to get married in the USA?

    Frnk
    Getting married is not the issue.

    Visa fraud is the issue.

    So get married in the US under a tourist visa, have her go back to the DR as required under the terms of the tourist visa, then legally apply for residency as a spouse of a US resident.

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  10. #26
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    Quote Originally Posted by frank12 View Post
    How about this, Are you able to legally get married while in the USA, leave and go back home and apply for the paper work from your country of origin? In other words, is it illegal to get married in the USA to an American citizen?

    This seems a little confusing. It would imply that no foreigners are allowed to get married in the USA?

    Frnk
    Why?? Why not do it legally??? I believe the fiancee visa is more likely to be given, so why play games skating around the edge of legality???

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  12. #27
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    Quote Originally Posted by DRdreaming View Post
    Taken directly from the USCIS website:


    Get a Green Card While Inside the United States

    One Step Process
    Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page.

    Two Step Process
    You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

    Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.
    Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797). For more information on filing for permanent residence, see our Adjustment of Status page.


    Sent from my SAMSUNG-SM-G930A using Tapatalk
    You are misinterpreting this. To enter the US on a B2 tourist visa with the intention of getting married and stay there is visa fraud - pure and simple. You are risking ruining your future for the sake of trying to save time and do things legally.

    http://www.alllaw.com/articles/nolo/...itor-visa.html

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  14. #28
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    Quote Originally Posted by frank12 View Post
    How about this, Are you able to legally get married while in the USA, leave and go back home and apply for the paper work from your country of origin? In other words, is it illegal to get married in the USA to an American citizen?

    This seems a little confusing. It would imply that no foreigners are allowed to get married in the USA?

    Frnk
    On the contrary- It implies many foreigners marry in the US with the CORRECT visa- not with a tourist visa. Foreigners (resident aliens) and those with Fiance Visas marry daily.

    A little critical thinking- (petitio principii)...

    1) If it was legit to stay in the US in a (B-1 visitor visa) "Tourist Status", why aren't couples knocking the doors down at the altar?

    2) Why does the USCIS even bother with Fiancé Visa (K-1 Visa) if you just pick up a Tourist Visa, come to the US, and then worry about the green card application process once they are here?

    It is FRAUD that's why.
    Last edited by tmnyc; 06-14-2017 at 02:31 PM.

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  16. #29
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    ...Frank was in the same situation as you a while back....that was before the present administration, that is giving out way less Dominican visas...I was trying for the k1 visa...gave up on the k1... and got married in the DR...Doc...

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  18. #30
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    I agree that the best way to go about it is the legal way, where, you take any decision away from the Immigration officer who can decide your fate while you are visiting on a Tourist Visa. It sounds like the Fiance K-1 Visa is really the best and safest method for someone who already has a Tourist Visa.

    Now having said all that, look at how grey and conflicting this answer is from this excellent Visa Answer site (thanks Cavok), and tell me if this is not about as confusing, complicated and ambiguous as it gets: Here is the answer to the Visa/Marriage issue:

    1.) Using a B-2 visitor visa to enter the U.S. with the intention of getting married and applying for a green card is a form of visa fraud. The visitor visa is a non-immigrant visa, whose proper use requires entering with the intention of returning home (or at least leaving the U.S.) by the date on the I-94 Arrival/Departure Record. This form of visa fraud can result in the immigrant being placed in removal proceedings from the U.S. rather than granted a green card.

    2.) If you come to the U.S. as a visitor and only later decide to get married, that's a different matter -- you will be allowed to submit an application for a green card using the procedure known as "adjustment of status," meaning you would not have to leave the U.S. during the whole application process.

    Frank

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