You can take her there and get married legally as long as she returns to the Dominican Republic before the expiration of her stay. I believe you then only have to file for the adjustment of status while your wife is here in the DR. Not sure if that would be faster or cheaper than applying for the K1 visa, but might be worth checking into(?).
- Thread starter frank12
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Can someone take their girlfriend to USA for marriage and stay?
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You can take her there and get married legally as long as she returns to the Dominican Republic before the expiration of her stay. I believe you then only have to file for the adjustment of status while your wife is here in the DR. Not sure if that would be faster or cheaper than applying for the K1 visa, but might be worth checking into(?).
But only through Fiscal Year 2016, which would not show any changes that may have been newly implemented, as suggested.
Frank,
it's not about the best way. It's all about the legal way. I believe everyone here has genuinely tried to help with their answers and I include those I don't agree with. I would ask you to re-read what CB posted about Visa fraud and not to focus on the marriage aspect of it.
If you are approved for a tourist Visa and overstay your welcome because you ended up getting married then good luck explaining to the government that this was all by chance and fate.
The current administration has immigration at their top of their agenda and they have made it very clear that they will not look the other way if they feel there is any type of Fraud.
The risks are just too high when that person can apply for the proper visa which to my understanding is not harder to obtain. There is just no point to doing any of this.
hope this helps
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I replied before reading this.
Frank,
this is easier than expected since she has a Visa. Have her change the visa type.
Only the people involved know their intention. If they are looking to get married, God bless them. If they are looking to scam, well, that's on them, and they will probably, maybe, probably be discovered. Who knows? Spinning it seven ways since last Tuesday, 'aint gonna change what they are going to do, or what people think about it. Coming to the States on a K1, sets you up in order. Coming to the States on the Tourist Visa and getting married, may open them up to further background investigations. Did she meet her husband when she arrived in the States, and got married a month later.....OR.....has she been in a longterm relationship with him, that can be documented.....photos, travel receipts, so on and so forth.
While typing this another thought popped into my head. How about transferring the Tourist Visa into a K1 visa, can that be done? If so, that may minimize the amount of scrutiny they may be put under. Just asking, as I'm not sure of that one.
Getting married in the US on a tourist visa is not a problem. If she already has a visa then the chances of finding immigration fraud are slim. USCIS has a process clearly defined how to adjust status once in the US. There are many who already have visas that marry in the US. At that point what the USCIS is interested in is that the marriage is legit.
Maybe this then;
https://travel.state.gov/content/visas/en/law-and-policy/statistics.html
Respectfully,
Playacaribe2
I've known people that have gotten married under the K1, and remained in the States while awaiting for their adjustment of status. Dominican. Jamaican. Irish. Australian. Korean. Does the person have to return to their home country? I believe that's the difference with a K1, because it is a fiancée visa. You are bringing somebody to the States, who you plan on marrying, to visit your homeland, family, so on and so forth...blah, blah, blah. Does anybody who comes here on a K1 not get married, and just go home? Maybe 1 or 2 in the history of mankind.
With the K1 visa she has 90 days to get married therefore she will be there legally while she waits.
Sanpedrogringo good point....back in the day when my spouses primo played baseball you would be shocked how many players who knew they really were not that good and probably had no chance to make it in pro ball would disappear at the end of the season. Once the visa is in hand many just stay. K1 visa is probably the same.
This was a Grand Slam. Good job finding this Playacaribe2. If you look at the statistics, it doesn't seem that the Dominican Republic is being 'shorted' as it applies to visas, on a global scale. They may be a bit less than in the past (I'll have to numbers crunch a little later on), but they seem to be ahead of other nations. As long as the two parties involved don't have any shenanigans involved in their past, it should go smoothly with a K1.....as it always has, and always does....sin shenanigans.
Yes, that is the exact, stated purpose of a K1 visa - to come to the US and get married. You have 90 days to do so. You must get married within those 90 days, or return to your home country. After getting married you can apply for an adjustment of status and remain for however long it takes to recieve your legal permanent resident status(green card).
I was referring to going to the US on a tourist visa and getting married. You can legally do so w/o problems as long as you return to your home country before the expiration of your tourist visa. You can then apply for a spousal visa. I've heard that spousal visas are easier and quicker to get than the K1.
Not sure if it would be cheaper, or less complicated than going the K1 route(?). One advantage is that you can do a DCF(direct consular filing) here which I've heard is much faster).
Or, you can stay in the US and try to scam the system by trying to convince immigration that it was never your intent to come to the US for immigration purposes. Good luck to whomever choses that route. Not worth the risk IMO.
They would have to be a Norwegian citizen. They're not, and neither is the Dominican girl. Go figure!
The guy's name is Joe, well known in the Ju-Jitsu scene here in the DR. Lives here in Cabarete, Super nice guy, and from Rhode Island.
Thanks for everyone who answered all of the questions.
Frank
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Not sure why the term "fraud" is being used when you can easily -and legally- change your status once and after you're married here in the states. There is not risk as long as you file the right documentation, provide all the proof recommended by the USCIS, and get approved before the tourist visa and your stay expires. As I mentioned before, I went thru the process without even using a lawyer and just followed the rules, my GF at the time had a tourist visa from way back and she'd travel to the US in many occasions prior to decide to get married and stay.
The fraud occurs at the border. A tourist visa is issued to allow a person to visit a country and then leave. If a person enters a country as a tourist but has it in their mind to get married, or to stay in the country even if they intend to file additional paperwork to do so, that's fraud. This is why immigration usually asks each traveler, how long they plan on staying in the country. If a traveler insinuates that they plan to leave when they do not, that's a lie.
Those who wish to enter a country and remain either forever, or for a lengthy period, have other visa options they can pursue, such as a fiancee visa, an education visa or a temporary residence visa.
Because fraud requires intent. In one comes to the US on a *tourist* visa with the *intent* to get married and a green card, that is flat-out fraud.
Then the logic behind the change of status using the 485 form is not a legal method? This scenarios are contemplated on the USCIS process, if there was intent or not is not questionable as long as you follow the rules. Hey, we all do things that were not our original intent, and sometimes we do it knowing the consequences.
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