nesa

my american fiance is coming to visit me soon on a tourist visa and we are thinking of getting married, and then in January '09 i will move to USA and then apply for a visa to stay there

is this the best option?

i heard something about "visa crime" if you get married on a tourist visa, please let me know?

my fiance is joining the US Air Force in March '08 and he will be gone for 6 months that i cant see him, and i finish my Uni in January '08, so i am thinking its best to apply when i move for good to US

is there a chance of being refused the visa?

can i work/study while im waiting for a decision

please please please someone help, all the websites i read are not clear, i need someone to tell me real life problems and situations i am going to be faced with, and what i need and what is best to do

thank you ever so much

I LIVE IN BRITAIN, sorry the reason i didnt mention that is because i thought this section here is only for american-british couple so i thought it was obvious
thanks for answering

Elvira

What you are proposing to do is indeed against immigration law. Do a search for 10-foot pole and you'll see why.

Read the Wiki section. K1 (fiance visa) or Immigrant Visa (if you marry 1st) is the way to go.

Lots of threads here explaining the process. Come back if you have further questions

ian-mstm

Sorry... you *must* have the visa first, before you move to the US.


That depends on *where* you live. You don't say... and we're not mind readers. If your USC fiance is coming to *your* country to get married, then whether or not it's a crime depends on the law in your country. If you plan on getting married in the US, it is *not* illegal to get married on a tourist visa. It *is* illegal to enter the US with the intent to marry *and* stay.


Yes... there is always a chance. Is it likely? No one knows.

Ian

Just Jenney

What country do you live in?

You've got it backwards. In order to move to the US, you need to obtain the proper visa FIRST, not the other way around.

That depends on the country. It is not illegal to marry on a tourist visa in the United States, AS LONG AS you return to your home country (which is??) before your I-94 card expires. Same goes if you enter the US on the VWP.

In other countries -- like the UK, for instance -- the foreign fiance(e) must obtain a fiance(e) visa first in order to marry in that country. Visitors to the UK cannot marry on a tourist visa or VWP. So, it depends.

It's currently taking 8-10 months for spousal immigrant visas to be processed, if that helps.

Yes. There's always a chance of that!

Your visa application is processed in your home country, and since you can't live in the US until you have that immigration visa, you can work/study while your awaiting a decision -- in your home country. Unless there's some reason why you CAN'T work/study in your home country.

I highly recommend reading the Wiki articles on this site, as well as the posts. There's tons of information out there on BE already.

~ Jenney

Noorah101

You'll have to check with your country's laws and see if it's OK for a marriage to take place on a tourist visa. For example, the UK does not allow that. Your fiance would need a certain visa which allows him to marry you in the UK. But, for example, the USA does allow someone on a tourist visa to get married, but they must then return to their home country for immigrant visa processing. It all depends on your home country, whether this will be allowed or not.

Firstly, you can't really predict when you will move to the USA, because you don't have much control over when you will get your visa to do so.

Actually, you'll apply for the visa *before* you move to the USA, not after.

You have the option all wrong. You might want to have a consultation with an immigration attorney who can explain the options and the process to you in person, so you can ask questions as you go, and get a more clear understanding of the bigger picture of immigrating to the USA.

It's actually best to apply about 1 year before you are ready to make the final move to the USA. It takes about 8 to 10 months to get your visa (either fiance or spouse), and then you have 6 months to use that visa. If you're hoping to move in Jan 2009, you should think of applying soon.

I suppose there is always a chance of being refused a visa, but it will depend on your own circumstances and history, if you have any problems that might prevent you from getting a visa.

Where? You will be waiting for a decision in your home country, so I would say yes, you can work/study while you're waiting. Just live your life as you normally would, until you have the visa in hand.

Best Wishes,
Rene

exexpat

It is legal to marry in the US on a tourist visa only if you didn't enter the country with the intention to marry, and you'd have to leave the US to adjust your status. You MUST get the K-1. What you're proposing is technically visa fraud, though people do it all the time without getting caught. You'd be taking a big risk, though, and I don't think you should do it. There was a case in the media last year where a woman had a pending application for a K-1, but got impatient and entered the US before the visa was issued, got married, and stayed. They're trying to deport her now.

If you wanted to get married in the UK, your partner would need a fiance(e) visa. As far as I know it's not legal to marry a UK citizen in the UK without a visa. I was asked for mine when I applied for a marriage license there.

Rete

Not True At All! You can most definitely enter the US with the intent to marry. You just can't have the intent to marry and remain.

Also the poster wants to marry in the UK. Her fiancee needs a visa, I believe, in order to marry in the UK.

Geeus Murphy people ... get your darn facts straight. The above paragraph is bull.

exexpat

That's what I've been told and have read numerous times, and I've seen just as many people say that it's bull. I think it's wiser to err on the side of caution.


I did state that a visa is required to marry in the UK.

Just Jenney

COMPLETELY FALSE.

A K-1 fiance(e) visa is NOT required to marry in the States. It is perfectly legal to enter the States on a tourist visa or VWP with intent to marry a US citizen.

A K-1 fiance(e) IS required if one wants to marry in the States AND stay and adjust status to permanent resident.

Apples and oranges.

We don't know where the OP wants to marry. She hasn't stated what country she's from yet.

~ Jenney

meauxna

Translated version follows:

exexpat

The OP can do as he/she pleases. I have heard multiple times that it's illegal to enter the US on the VWP with the intent to marry, i.e. the marriage has to be "spontaneous".

augigi

That's just not correct. You can marry whenever you want. You just can't STAY after getting married.

exexpat

I'm sorry, I've heard that that is not the case. I don't wish to argue about it because I have no interest in it being true or not, but I don't want to give the OP bad advice. That's all.

Noorah101

You might have heard that, but it's incorrect.

Rene

Noorah101

You might have heard that is not the case, but that's incorrect. You don't want to give the OP bad advice, but you should also not want to give her incorrect advice.

Rene