Marrying someone on a Visitor's Visa

[redcloud111]

My Brazilian girlfriend is coming to the states on a visitor's visa. How long should we wait before we get married? What is the process for us to get her temporary work and travel documents? And how long will this take?

Thanks

 

[Immigrantguide]

If she is coming into the country and intends to marry, she should come on a fiance visa. Marrying someone that enters the country on a tourist visa can cause problems. When she enters the country she should have the intent to do what her visa provides for, rather than attempt to immigrate.

 

[redcloud111]

Well, we already have plans to go to the states. Can't we just say that we were friends, she came to the states, after three or four months we decided to get married? She wants to change her status? I am realizing this is considered "fraud," even though we are planning to marry legitimately. Thing is, she got her tourist visa real soon, right after we met. We didn't realize the laws were so convoluted. Now, we don't want to be apart. So, what do you suggest we do, if we intend to pursue the current plan?

 

[Immigrantguide]

I suggest that you tell the truth. You can now apply for a fiance visa for her, which doesn't take long to get approved, and when she enters the country she is required to get married withing a specified period of time.

 

[redcloud111]

I would prefer to be honest. Do you think calling the US embassy here in Sao Paulo might work? I am in Brazil. I could explain that she got her tourist visa before we got serious, which is true. I wonder if they could change her visa before we leave on June 1st. Also, can I even apply for the visa for her if I am out of the country?

 

[Immigrantguide]

yes, you should do that, go and have changed to a fiance visa.

 

[tanaats]

I would prefer to be honest. Do you think calling the US embassy here in Sao Paulo might work? I am in Brazil. I could explain that she got her tourist visa before we got serious, which is true. I wonder if they could change her visa before we leave on June 1st. Also, can I even apply for the visa for her if I am out of the country?

Why don't you marry in Brazil and do DCF if you are in Brazil?

Otherwise, as far as I know, there is only one way to get a K-1 fiancee visa, and it isn't by calling the embassy. Here's the step-by-step procedure for a USC applying for a K-1 for a fiance: http://www.visajourney.com/forums/index.php?pg=k1guide . Here's a "flowchart" of the procedure: http://www.visajourney.com/forums/index.php?pg=k1flow . See also http://immigration.about.com/cs/immigrationhowtos/ht/howtofiancevisa.htm . And here's another overview of the K-1 process: http://www.visalaw.com/00jun3/12jun300.html . (Note that if the non-USC spouse enters on a K-1 then he must plan on not leaving the US for several months, until he can get a "travel document" called an "Advance Parole".)

Or, if you marry before applying for a visa for her, here's the step-by-step procedure for a USC applying for a K-3 for a spouse: http://www.visajourney.com/forums/index.php?pg=k3guide . Here's another overview of the K-3 process: http://www.visalaw.com/02nov2/2nov202.html . See also http://uscis.gov/graphics/howdoi/spouselive.htm and http://uscis.gov/graphics/howdoi/Appproc.htm . (Note that if the non-USC spouse enters on a K-3 then (unlike the K-1) he can leave and re-enter the US at will, and no "Advance Parole" document (see K-1 above) is required.)

For other people's processing timelines see ...

http://www.visajourney.com/timeline/

http://k1k3.com/

Think hard about DCF, though.

Joe

 

[phwl]

Even though getting the proper visa to suit your specfifc needs is the honest and truthful thing to do...
...yes, you can still enter with a visitors visa and after 90 or so days get married and file for adjustment of status.
Yes, it is possible and if it is bonafide, it will not cause be anymore difficult than any other type of adjustment.


always two sides to a coin............................................................

 

[fried eggs]

phwl, I've seen quite a few tearful, disappointed couples leaving the INS office.

Redcloud, do it right and start your marriage off with integrity.

 

[phwl]

There are always risks and problems. I too suggest the right way if they can. But there are real situations where people find each other and get married while one is here on a visitors visa.

If it is a bonafide marriage, then there will be documentation and such to provide evidence of a real marriage. What else can anyone hope for.