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

[carlos]

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

 

[tmnyc]

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.

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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/immigration-officials-read-my-diary-detained-me-on-vacation/

 

[frank12]

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/immigration-officials-read-my-diary-detained-me-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

 

[DRdreaming]

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/immigration-officials-read-my-diary-detained-me-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.

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[cobraboy]

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.

 

[Derfish]

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???

 

[cavok]

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.


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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/us-immigration/can-you-get-married-visitor-visa.html

 

[tmnyc]

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.

 

[USA DOC]

...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...

 

[frank12]

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

 

[Derfish]

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

Seems to me to be as clear as a legal document could possibly be and not ambiguous at all.
Der Fish

 

[sanpedrogringo]

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???

The K1 visa is still the quickest, easiest and proper route to follow. She will be issued the K1 quicker than the Tourist Visa as long as there are no 'complications' regarding her and his background information. If their are 'complications' involved, that's a whole different situation. It's actually a pretty simple process.

 

[sanpedrogringo]

...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...

Where can we find the information on the number of K1 and/or Tourist Visas issued to Dominican citizens 2017 year to date? Is this information online?

 

[playacaribe2]

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.

...And there are/were 14 countries on a special watchlist for these sorts of fraudulent actions.....the DR being on that list.

...And as I said above, visa fraud is a case by case basis....witness Gabriela Rosa, NY Assemblywoman who went to prison...yet Congressman Adriano Espaillat did not.


Respectfully,
Playacaribe2

 

[playacaribe2]

Where can we find the information on the number of K1 and/or Tourist Visas issued to Dominican citizens 2017 year to date? Is this information online?

Not sure how well they break it down....but statistical data is available;

https://travel.state.gov/content/vi...l-reports/report-of-the-visa-office-2016.html


Respectfully,
Playacaribe2

 

[AlterEgo]

K1 visa is the way to go, it always has been, even when we got married almost 41 years ago.  Mr AE was a long time tourist visa holder, we did K1. 

A friend of mine applied for a K1 about a year ago, it was quickly approved and her Dominican fiancée flew to USA for a December wedding.  He didn't have a tourist visa.  

 

[windeguy]

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

It's the "thought" that counts. Intent is everything. Do you want to risk detection by the future crimes division of the thought police?

 

[frank12]

The K1 visa is still the quickest, easiest and proper route to follow. She will be issued the K1 quicker than the Tourist Visa as long as there are no 'complications' regarding her and his background information. If their are 'complications' involved, that's a whole different situation. It's actually a pretty simple process.

She already has a Tourist Visa. BUt i agree with you on the K-1 Visa, it's the way to go.

Frank

 

[cavok]

...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...

You scammed the system by fraudently representing the reason for the tourist visa and then lied to immigration committing perjury - and fortunately didn't get caught. Others like the woman in post #22 weren't so lucky.

 

[cbmitch9]

Question: Can someone take their Dominican girlfriend on a tourist Visa to USA, get marriage while there, and stay?

And, can they stay in America on their Tourist Visa after they get married while they wait for there Green Card?

Frank

You can do it but I do not believe that USCIS will approve it for green card purposes. Unless the law has changed and I am not aware of the changes.