marriage to a filippina
Feb 15th 2002, 3:45 pm
#1
Guest
Posts: n/a
marriage to a filippina
I am engaged to a Filipina. She regularly comes to the USA on business-she has
multiple entry status. We are getting married on her next trip out here. I did not
petition her for the K-1 visa. Will there be any problems since I did not apply for
the K-1? Any advice would be greatly appreciated. thank you- Tom
multiple entry status. We are getting married on her next trip out here. I did not
petition her for the K-1 visa. Will there be any problems since I did not apply for
the K-1? Any advice would be greatly appreciated. thank you- Tom
Feb 16th 2002, 4:45 am
#2
Guest
Posts: n/a
Re: marriage to a filippina
[email protected] (Tom) wrote in message
news:<[email protected]. com>...
> I am engaged to a Filipina. She regularly comes to the USA on business-she has
> multiple entry status. We are getting married on her next trip out here. I did not
> petition her for the K-1 visa. Will there be any problems since I did not apply for
> the K-1?
Well, just make sure you get married after 60 days of her entry into the US because
there is the risk of the INS charging her with visa fraud if she marries less than 60
days after entry on a tourist visa. Also she shouldn't tell the inspector at the Port
of Entry that her intention is to get married else they'll send her back on the next
plane for sure.
Other than that, no problems, except that with the K-1 her paperwork may take a
shorter time to process and complete.
news:<[email protected]. com>...
> I am engaged to a Filipina. She regularly comes to the USA on business-she has
> multiple entry status. We are getting married on her next trip out here. I did not
> petition her for the K-1 visa. Will there be any problems since I did not apply for
> the K-1?
Well, just make sure you get married after 60 days of her entry into the US because
there is the risk of the INS charging her with visa fraud if she marries less than 60
days after entry on a tourist visa. Also she shouldn't tell the inspector at the Port
of Entry that her intention is to get married else they'll send her back on the next
plane for sure.
Other than that, no problems, except that with the K-1 her paperwork may take a
shorter time to process and complete.
Feb 25th 2002, 12:13 pm
#3
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,596
Re: marriage to a filippina
Well, just make sure you get married after 60 days of her entry into the US because there is the risk of the INS charging her with visa fraud if she marries less than 60 days after entry on a tourist visa. Also she shouldn't tell the inspector at the Port of Entry that her intention is to get married else they'll send her back on the next plane for sure.
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Feb 26th 2002, 6:05 am
#4
Guest
Posts: n/a
Re: marriage to a filippina
Pulaski wrote:
>
> wrote:
> > Well, just make sure you get married after 60 days of her entry into the US
> > because there is the risk of the INS charging her with visa fraud if she
> > marries less than 60 days after entry on a tourist visa. Also she shouldn't
> > tell the inspector at the Port of Entry that her intention is to get married
> > else they'll send her back on the next plane for sure.
>
> I agree, she must not say she is getting married when she enters the country but
> she is free to get married as soon as she likes, SO LONG AS SHE LEAVES THE COUNTRY
> AND RETURNS HOME TO APPLY FOR HER MARRIED PERSONS VISA.
It is possible to adjust status from within the US. It is not advisable to leave the
country until AOS is completed without Advance Parole.
>
> wrote:
> > Well, just make sure you get married after 60 days of her entry into the US
> > because there is the risk of the INS charging her with visa fraud if she
> > marries less than 60 days after entry on a tourist visa. Also she shouldn't
> > tell the inspector at the Port of Entry that her intention is to get married
> > else they'll send her back on the next plane for sure.
>
> I agree, she must not say she is getting married when she enters the country but
> she is free to get married as soon as she likes, SO LONG AS SHE LEAVES THE COUNTRY
> AND RETURNS HOME TO APPLY FOR HER MARRIED PERSONS VISA.
It is possible to adjust status from within the US. It is not advisable to leave the
country until AOS is completed without Advance Parole.
Feb 26th 2002, 11:05 am
#5
Guest
Posts: n/a
Re: marriage to a filippina
Pulaski <[email protected]> wrote in message
news:<[email protected]>...
> I agree, she must not say she is getting married when she enters the country but
> she is free to get married as soon as she likes, SO LONG AS SHE LEAVES THE COUNTRY
> AND RETURNS HOME TO APPLY FOR HER MARRIED PERSONS VISA.
Nope. You misunderstood what I said.
First of all, anyone may marry a US citizen and adjust status in the US after
entering on most kinds of visas. They do not have to go home for an immigrant visa.
As long as they entered legally, and were inspected and given an I-94, they can
adjust status. There are a few exceptions, like TWOV, alien crewmember, J visa with 2
year home residency requirement etc.
Secondly, the 30/60 day rule applies to people on tourist visas or visa waiver. It is
perfectly legal for a person to enter the US, get married and adjust status to
permanent resident while on a tourist visa. However, if he/she does it less than 60
days after entry, the INS will assume that the intent all along was to get married
and adjust status. This is called visa fraud. The purpose of a tourist visa or visa
waiver is to enable a foreigner to visit the US for a temporary NONIMMIGRANT stay. If
the INS inspector at the port of entry determines that there is immigrant intent,
he/she will definitely refuse the person entry into the US.
news:<[email protected]>...
> I agree, she must not say she is getting married when she enters the country but
> she is free to get married as soon as she likes, SO LONG AS SHE LEAVES THE COUNTRY
> AND RETURNS HOME TO APPLY FOR HER MARRIED PERSONS VISA.
Nope. You misunderstood what I said.
First of all, anyone may marry a US citizen and adjust status in the US after
entering on most kinds of visas. They do not have to go home for an immigrant visa.
As long as they entered legally, and were inspected and given an I-94, they can
adjust status. There are a few exceptions, like TWOV, alien crewmember, J visa with 2
year home residency requirement etc.
Secondly, the 30/60 day rule applies to people on tourist visas or visa waiver. It is
perfectly legal for a person to enter the US, get married and adjust status to
permanent resident while on a tourist visa. However, if he/she does it less than 60
days after entry, the INS will assume that the intent all along was to get married
and adjust status. This is called visa fraud. The purpose of a tourist visa or visa
waiver is to enable a foreigner to visit the US for a temporary NONIMMIGRANT stay. If
the INS inspector at the port of entry determines that there is immigrant intent,
he/she will definitely refuse the person entry into the US.
Feb 26th 2002, 11:56 am
#6
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,596
Re: marriage to a filippina
Originally posted by James Donovan
Pulaski <[email protected]> wrote in message
news:<[email protected]>...
I agree, she must not say she is getting married when she enters the country but she is free to get married as soon as she likes, SO LONG AS SHE LEAVES THE COUNTRY AND RETURNS HOME TO APPLY FOR HER MARRIED PERSONS VISA.
Nope. You misunderstood what I said.
.......... if he/she does it less than 60 days after entry, the INS will assume that the intent all along was to get married and adjust status. This is called visa fraud.
Pulaski <[email protected]> wrote in message
news:<[email protected]>...
I agree, she must not say she is getting married when she enters the country but she is free to get married as soon as she likes, SO LONG AS SHE LEAVES THE COUNTRY AND RETURNS HOME TO APPLY FOR HER MARRIED PERSONS VISA.
Nope. You misunderstood what I said.
.......... if he/she does it less than 60 days after entry, the INS will assume that the intent all along was to get married and adjust status. This is called visa fraud.
Yes, I know that, which is why the easiest way to avoid all such problems is to arrive, get married quickly, then leave and apply for a marriage visa from your home country. It avoids all the the doubt about motives and changing status, and you only have to apply for one visa once, minimising the scope for the immigration service to louse things up.
If you take this approach make sre that you retain ties to your home country when you arrive to get married eg evidence of house ownership as you may be turned away if they get a whiff of impending marriage. It's probably not a good idea to travel with hordes of wedding guests either.
Last edited by Pulaski; Feb 26th 2002 at 11:59 am.
