Fiance Visa Question

[immihelp]

Just have some simple questions.

I am in brazil right now currently living with my fiance. I want to come to the united states with her she has a tourist visa so she can stay 6 months, and I am a united states citizen, in that 6 months should I get a K-1 Visa applied and do you think we can keep her in the united states? We are madly in love and if they need our proof we are glad to prove it. She is 21 and im 22.

What is the best way to go about this? and if we File for the K-1 application once she is in the united states is it too late? if accepted will she be granted the 90 additional days to stay before possibly being deported or having to fly back to brazil, Thank you for the information, if you can help me answer these simple questions and help me with a basic idea on my next step, I would like to use you as my laywer and get this process complete.

[immihelp]

Once she is already in the US, you don't need K-1 visa. You can apply for green card right away. Read https://www.immihelp.com/family-based-greencard/persons-in-us.html

[immihelp]

so if she comes on her tourist visa, and I marry her, I can get her to stay before she has to leave in 6 months on tourist visa?

[immihelp]

Yes.

[Anahaw123]

Fiance Visa Question

My fiance came to the US to visit on a 10 yr multiple entry tourist visa but she is going back to the Philippines to take care of some things. I've been reading on the fiance visa and comparing what would be the best course of action for us.

Should I file for a fiance visa and wait until that is processed before asking her to come or can we rely on her tourist visa then get married and file for a change in status? Which one would be less of a hassle and the most flexible in terms of getting her here as fast as possible? (For example, would she have to prove that she is returning to the Philippines if she's coming back to the US or can she just come here since her visa was already approved.)

We are leaning to take advantage of the tourist visa route but we are also planning to go back to the the Philippines and probably another country to meet friends and families right after the wedding. Would that pose any issues with her papers? Are there any disadvantages on doing the tourist visa route? Can she leave the country right after marriage with either the tourist visa and fiance visa without adversely affecting her papers. I want to minimize possibility of getting separated for a while if there's complications with our plans.

[Anahaw123]

How old is her 10yr tourist visa? when does it expire? I think and maybe someone else can help with this but if she is on B2 tourist visa you can marry and apply for AOS . With the I-485 you need to fill in I-131 travel visa so that she can re enter on that visa , if you are planning on traveling in the first 12 months. pretty sure this is the process, you need this document till green card is issued.

She just got it recently and was in the US for a couple of months. She's coming back this week to the Philippines.

Another option that I was thinking would be to get married in the Philippines and then fly back to the US. Since she has a valid tourist visa, I would think that she would still be able to come into the US without any problems even though her status has changed from single to married. Is that correct? Are there any drawbacks to getting married there and then flying to the US a day or two after and then filling for the I-485 when we arrive here.

[nichole]

With all due respect to Barbara for her kind intentions, I find the advice she gives on on many threads is often wrong. What she "thinks" or "guesses" isn't really fair to post to people who may be steered in the wrong direction. I'm sorry I had to say that, but I think her eagerness to help does not mean she has good knowledge of immigration law.

So my thoughts on this discussion of coming to the US on a tourist visa with the intention of marrying and staying as an immigrant. The tourist visa and Visa Waiver is for tourists and not immigration. To knowingly plan to enter the US as a tourist with the INTENT to immigrate is illegal. So you two above need to know that you better not have any "intention" of marrying and remaining in the US when you make that entry on a tourist visa. Many people decide "all of a sudden" to marry and do adjust status successfully, but they had "no idea" that's what was going to happen when they entered the US as a tourist. If they did, they would be committing visa fraud as it is a visa for tourist purposes only.

I am not sure on this one but yeah you can get married in Phillipines, and when you come back to US her passport and visa will still be in her maiden name , you would just have to carry marriage certificate on you.

Problems I see with this advice is on a tourist visa, she can be denied entry at any time. Holding a visa doesn't mean the CBP guy at the airport will let her in. Returning to the US saying she just married a US citizen and wants to come in for a short "tourist" visit could get her denied and put on the next plane back to the Phils. Just pointing out some stumbling blocks here.

With the I-485 you need to fill in I-131 travel visa so that she can re enter on that visa , if you are planning on traveling in the first 12 months. pretty sure this is the process, you need this document till green card is issued.

The I-131 is an application for what is called Advance Parole. It isn't an entry visa, but a document normally applied for by K1 visa holders since a K1 is a one-entry only visa. It also is not a guarantee of entry. The AP travel document normally arrives around 60 days after applying when sent along with the application to adjust status. Many advise persons like the two above who don't get valid fiance or spouse visas to remain in the US until they get their green card just to make sure the foreign spouse is not denied entry.

Are there any disadvantages on doing the tourist visa route?

This is from someone who knows more that me.
Preconceived intent is a strong negative factor. Being the immediate relative of a US citizen is a strong positive factor. Normally, that one positive factor outweighs that one negative factor, and the AOS would be granted in spite of the preconceived intent. Your case would not be normal, though...

Someone who enters on the VWP waives any right to appeal any decision by any immigration officer in the US. This means that a USCIS adjudicator can deny his AOS and he would have no right to appeal the decision. No executive review, no hearing in front of an immigration judge, no Board of Immigration Appeals. Nothing. What he'll get instead is a notice of intent to begin removal proceedings, and a very short amount of time to pack his bags and leave before they start deportation. Because of the "no contest" clause, VWP entrants are denied AOS more frequently than people who enter with a visa.

What's more, if he has accumulated any overstay at the time his AOS application is received then USCIS could simply refuse to adjudicate the AOS application, and immediately place him in removal proceedings. According to at least one attorney, about half of the USCIS offices are now doing this based on recent appeals court decisions.
You can't plan to have him/her enter as a visitor, marry, and then adjust status. That's preconceived intent, and obviously not legal. If you should happen to decide to marry after he arrived, and then attempt to adjust status, then you're taking a risk that it could be denied. The risk is substantially higher if he entered on the VWP, and even higher if his status has expired by the time USCIS accepts the AOS application.

Ok, so that's all I have to say. Maybe a devil's advocate approach, but I hate to see people say, "Sure, marry on a tourist visa and come and go and you have nothing to worry about." It happens but you need to know all of the story to help you make up your mind what risks you are willing to take.

[barbarajlw]

Sorry Nichole I thought they could not \do tis on a tourist visa as I was told the same thing last year if you have intent of marrying then had to apply for fiance visa ,which we hve done and we have doe it all legal and proper now so we feel better about the whole process, I wont post any more on here leave it up to you the experts again I am sorry and apologise.

But sometimes there is conflicting \answers on here from senior members so am out of here now as I am nearly done and coming home to US in a week to be married .

[nichole]

Congratulations on your upcoming marriage. AOS is a huge bunch of paperwork to get done too. It ain't over yet, so don't run off too far. But the good thing is, you will be with you honey, so I don't think it's as difficult.

You're a great and kind person, but just get your info straight from USCIS or the Embassy or the instructions on the forms rather than what a person in a forum says. Don't even believe what I say without looking it up on an official source. The "I'm pretty sure" and "I'm not sure, but [do this]" can be misleading. Be sure before you answer, or just tell something exactly from your experience with a form, or embassy, or entering the US.

[Eddy Anfinsen]

Requirements for fiancee visa

Hii.. Which type of requirements for fiancee visa.. and What is tho simple and Short process for K1 visa? please Give me some tips and Guide to prepare K1 visa interview