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Filipino fiancee coming on a Tourist Visa?

Filipino fiancee coming on a Tourist Visa?

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Old Apr 11th 2003, 5:12 am
  #1  
Kurzweil22
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Default Filipino fiancee coming on a Tourist Visa?

Your advice would be deeply appreciated. My Filipino fiancée is coming to
the US on a church trip on a Tourist Visa this August. I also plan to go
there for two weeks in July, just before her trip here. Her church pastor
suggests that we marry there in the Philippines in July, and then when she
comes here in August, I can apply to the INS for her to stay here
permanently as my legal wife. Does anyone know how this sort of thing works?
Is this the best strategy, or should I also marry her here in the US when
she arrives in August? Or not marry here there in July, and wait to marry
her here in August? Our goal, of course, is for her NOT to have to return
home after she arrives here in August.

In other words, when someone marries a US Citizen while here on a tourist
Visa - is it possible for them to remain here, without returning to their
home country?

FYI - I am a US citizen, born here in RI.

An email reply to [email protected] would also be appreciated. Again,
thanks in advance...

Joe Silva
Massachusetts
Bing Abujan
Manila, Philippines
 
Old Apr 11th 2003, 6:15 am
  #2  
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Best advice - get a GOOD immigration attorney ........ NOW!
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Old Apr 11th 2003, 6:21 am
  #3  
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What you suggest is technically illegal.

You *can* marry on a visa waiver and adjust status but it could be rather like playing russian roulette, in my opinion.

To marry there and then her come here to adjust status I don't believe is possible. If you marry her there she would not be allowed into the states until you apply for a k-3 visa for her, which could take up to 3 years for approval.

The honest and legal route to take is file for a K-1 visa and if you are in the Vermont Service Center district, then it will take less than 30 days for your petition to be approved. So, if you get on the ball now you could very well have a visa in hand by the time your fiancée intends to travel here.

Sounds to me as though you really need to look into this whole immigration business much more. Research, research, research! There is a lot involved and it isn't as simple as just getting married and living happily ever after. You will find the BCIS will be a part of your life for a few years to come.
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Old Apr 11th 2003, 6:47 am
  #4  
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hmmmmmmm

seems you have been given the "K-1 is fastest and best" way to go advice:

http://britishexpats.com/forum/showt...ght=Kurzweil22

You live in MA and therefore would send your file to the Vermont Service Center. Their wait time is a drop in the bucket for K-1s. I've seen some that take 8 days to be approved. They approve K-1s so fast it could make your head spin. What might take a bit more time is the Manilla end. Of course you have to meet her in person first before you can file, which you mentioned in a previous thread that you haven't met yet. Don't waste anytime...start filling out forms for the I-129F as soon as possible and gather all the needed evidence and documents.

Good luck to you.
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Old Apr 11th 2003, 11:43 am
  #5  
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Default Re: Filipino fiancee coming on a Tourist Visa?

Where's that 10 ft pole?


"kurzweil22" wrote in message
news:I8sla.436502$S_4.498798@rwcrnsc53...
    > Your advice would be deeply appreciated. My Filipino fiancée is coming to
    > the US on a church trip on a Tourist Visa this August. I also plan to go
    > there for two weeks in July, just before her trip here. Her church pastor
    > suggests that we marry there in the Philippines in July, and then when she
    > comes here in August, I can apply to the INS for her to stay here
    > permanently as my legal wife. Does anyone know how this sort of thing
works?
    > Is this the best strategy, or should I also marry her here in the US when
    > she arrives in August? Or not marry here there in July, and wait to marry
    > her here in August? Our goal, of course, is for her NOT to have to return
    > home after she arrives here in August.
    > In other words, when someone marries a US Citizen while here on a tourist
    > Visa - is it possible for them to remain here, without returning to their
    > home country?
    > FYI - I am a US citizen, born here in RI.
    > An email reply to [email protected] would also be appreciated. Again,
    > thanks in advance...
    > Joe Silva
    > Massachusetts
    > Bing Abujan
    > Manila, Philippines
 
Old Apr 11th 2003, 11:56 am
  #6  
Michael D. Young
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Default Re: Filipino fiancee coming on a Tourist Visa?

kurzweil22 wrote:

    > Your advice would be deeply appreciated. My Filipino fiancée is coming to
    > the US on a church trip on a Tourist Visa this August. I also plan to go
    > there for two weeks in July, just before her trip here. Her church pastor
    > suggests that we marry there in the Philippines in July, and then when she
    > comes here in August, I can apply to the INS for her to stay here
    > permanently as my legal wife. Does anyone know how this sort of thing works?
    > Is this the best strategy, or should I also marry her here in the US when
    > she arrives in August? Or not marry here there in July, and wait to marry
    > her here in August? Our goal, of course, is for her NOT to have to return
    > home after she arrives here in August.
    > In other words, when someone marries a US Citizen while here on a tourist
    > Visa - is it possible for them to remain here, without returning to their
    > home country?
    > FYI - I am a US citizen, born here in RI.
    > An email reply to [email protected] would also be appreciated. Again,
    > thanks in advance...
    > Joe Silva
    > Massachusetts
    > Bing Abujan
    > Manila, Philippines

Hi All,


Just my opinion, but I believe there isn't much chance of her getting a tourist
visa if she says she's married to a U.S. citizen. If she doesn't say anything
and they find out it could be trouble.

Not sure how BCIS looks at people that marry on a tourist visa and then try to
adjust status while here. I think it's best to do things the way you are
supposed to do things.

The three options are file a K-1 petition with BCIS and get married here once
she arrives with a K-1 visa. Get married there and file I-130 with BCIS to have
her come here on a spouse visa or file the I-130 and then I-129F and have her
come here on a K-3 visa. K-1 is probably the fastest route. With K-3 being
close second and then the spouse visa.

I'm sure others will be able to advise you on the marrying on the tourist visa
or trying to come on a tourist visa while already married.


Take care,


Mike
 
Old Apr 11th 2003, 12:34 pm
  #7  
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Default Re: Filipino fiancee coming on a Tourist Visa?

Originally posted by Michael D. Young

I'm sure others will be able to advise you on the marrying on the tourist visa
or trying to come on a tourist visa while already married.


Take care,


Mike
If he's filing through VSC what's the point in taking needless chances by inviting unnecessary complications ? My understanding is that his fiancee is coming over to visit - which may hopefully satisfy the 'having met' requirements.

He can then either choose to visit her in the Phillipines - meet the in-laws etc - and file for a K-1 on his return to the US or if he feels that his initial impressions are certain enough file after she leaves the US before travelling to the Phillipines.
That would be a personal decision for the parties involved.

Nothing to stop him going to the Phillipines to accompany her over to the US after she has the K-1 visa I don't think. Or even going shortly beforehand so that he is there when she gets it.
I don't believe there's any real substitute for spending time together in person when making such an important decision and this would give them both more time to understand the adjustments they will have to cope with, including a change of country for the fiancee once she arrives in the US.

I understand the reason why the fiancee may want to marry in the Phillipines - presumably her family, church etc are there and it is traditionally the bride's choice of venue. No idea what the marriage laws are but could they have a civil ceremony in the US to satisfy the K-1 90 day criteria followed by a religious ceremony in the Phillipines ? This would also presumably give them more time to plan their 'big day'.

Last edited by lairdside; Apr 11th 2003 at 12:36 pm.
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Old Apr 11th 2003, 6:27 pm
  #8  
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Default Re: Filipino fiancee coming on a Tourist Visa?

marry her when she comes here. that way it is on your terms and you dont have
to wait through all the bullshit
 
Old Apr 11th 2003, 6:49 pm
  #9  
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Default Re: Filipino fiancee coming on a Tourist Visa?

Originally posted by Ron
Where's that 10 ft pole?
I have it. Here you go.
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Old Apr 11th 2003, 7:49 pm
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Default Re: Filipino fiancee coming on a Tourist Visa?

Originally posted by Dekka's Angel
I have it. Here you go.
pffft.
I was actually going to beat Ron with it the other day
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Old Apr 11th 2003, 8:04 pm
  #11  
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Default Re: Filipino fiancee coming on a Tourist Visa?

Originally posted by meauxna
pffft.
I was actually going to beat Ron with it the other day
You sure you didn't. He seems to remember it quite well ;-)

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Old Apr 11th 2003, 8:30 pm
  #12  
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Default Re: Filipino fiancee coming on a Tourist Visa?

ROFLMAO!!


"meauxna" wrote in message
news:[email protected]...
    > Originally posted by Dekka's Angel
    > > I have it. Here you go.
    > pffft.
    > I was actually going to beat Ron with it the other day
    > --
    > Posted via http://britishexpats.com
 
Old Apr 11th 2003, 9:24 pm
  #13  
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Default Re: Filipino fiancee coming on a Tourist Visa?

I have first-hand knowledge of a Filipino woman here on a tourist visa
marrying a US citizen. The only difference between your case and this
one is that she is your fiancee, and my friend didn't know her when
she first came over. She met him for the first time, married,
adjusted status and had her first child, all in less than a year of
marriage. Try doing that via a K-via route! You'd be lucky to
achieve in twice the time. As long as there is no way of BCIS knowing
of your past relationship, you should have no problems marrying her
when she visits.

Why go through all the hassles of either the K-1 or K-3 (as in my
case) when the alternative is way faster and cheaper?

The bottom line for the BCIS is that any marriage to a foreign
national should be bona fide, and not to circumvent immigration laws
to illegally enter the US. Since your relationship is sincere, I
would go for it. I see this process as expediting your marriage, and
nothing more.
 
Old Apr 11th 2003, 11:16 pm
  #14  
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Default Re: Filipino fiancee coming on a Tourist Visa?

Originally posted by Gardener
Why go through all the hassles of either the K-1 or K-3 (as in my
case) when the alternative is way faster and cheaper?
What hassle??? He would be going through VERMONT!! In the amount of time it would take to blink his eyes their petition would be approved!

And what you are suggesting he do...LIE to the BCIS... is ILLEGAL. PLANNING to marry on a tourist visa is ILLEGAL. I guess you can hope that both parties are great liars and really good at recalling their lies so not to get tripped up during the AOS interview. Wow, what a way to start off a new marriage...lies and deceit.

I know this topic has been discussed to death so these remarks will be my last on it. I had never voiced my opinion specifically on this subject and now that I have I will let it go.
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Old Apr 11th 2003, 11:21 pm
  #15  
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Originally posted by thing1
hmmmmmmm

seems you have been given the "K-1 is fastest and best" way to go advice:

http://britishexpats.com/forum/showt...ght=Kurzweil22
Thanks for this link. It appears the OP has posted this question before, the first time over a month ago, only this time the scenario is different (no mention of a church trip or pastor the first time around).

I'm not sure why the question is being asked again, especially since the answers are nearly identical. What's up with that? Maybe he's hoping if he asks enough times, he'll get the answer he wants to hear...

In the meantime, I've got dibs on the 10-foot pool!

~ Jenney
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