Need help on immigration process

[ballball]

I am currently holding a U.S. travel visa and my love one is a U.S. citizen. I am just wondering if I can travel to U.S. with my travel visa and marry him without applying the fiance visa in U.S. Would that be OK ? After I get to U.S., what are the proper procedure for me to become a resident?

 

Please help...

[Randy W]

I am currently holding a U.S. travel visa and my love one is a U.S. citizen. I am just wondering if I can travel to U.S. with my travel visa and marry him without applying the fiance visa in U.S.  Would that be OK ? After I get to U.S., what are the proper procedure for me to become a resident?

 

Please help...

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If married, the US citizen petitions for the spouse to receive a K3 visa in their home country.

 

 

You must leave the country when your travel visa expires, unless you can get an extension or other visa. The K-3 process takes 9 months or longer.

[Guest Gene]

Welcome To The Candle

 

Get a Good Immigration Lawyer Immediately

Edited August 6, 2005 by Gene (see edit history)

[david_dawei]

Welcome to CFL.

 

In principle, you can go to the US, get married and immediately file for adjustment of status (AOS).

 

One questionable issue could be that at the AOS interview is whether they feel your intention was to use a tourist visa to get married.. in which case, they might have grounds to deny your adjustment.

 

Depending on how long you are going to the US and can you establish reasons for going on a tourist visa (other than marrying)...

 

As gene said.. get a good lawyer...

[frank1538]

When you say travel visa, I'm assuming a tourist/visitor/work visa. It's all of question of intent when you enter the US. In other words, why are you coming the the US? To visit - ok. To work - ok. To get married - not ok.

 

Once you are here, things might change, but whether you will then be able to convince the USCIS that your original intent was not fraudulent will be up to you. Here is a link that talks about certain time frames and the presumptions that can occur if you try to adjust status from say a tourist to a permanent resident: http://www.kamya.com/download/0940063N.pdf Sometimes you will hear this referred to as the 30/60 day rule.

 

We have one member whose SO traveled to the US on a work visa and got married while she was here. She returned to China and is going through the process of obtaining a visa that corresponds to her current intent to be with her husband permanently.

[Randy W]

Overstaying your present visa can cause problems later on, even with an extension.

 

I have heard of parents getting a 6 month visa to visit their son or daughter, and getting a six month extension (all perfectly legal) on their first visit. The next time they applied, they were turned down because of the "overstay".

 

An AOS, however, would put you in a different category (I think), if possible.

 

My guess is that it's safest to apply for K-3 and go back home to wait out the process, or to consider the K-1 fiance route and get married here AFTER you get the K-1 visa. I think that different lawyers will tell you different things about what to do. Be careful.

Edited August 6, 2005 by Randy W (see edit history)

[ballball]

I have 10 years tourist visa. From what you guys described to me, sounds like it will be better off for me to have fian'ce visa to go to U.S and do the rest of procedures with my fian'ce. David brought up a good point. INS might reject my AOS since my original intention was visiting U.S. Well I guess my fian'ce and I have to wait a little longer.

Thx for all of you guys help.

[Randy W]

But 10 years to apply for a K-3 would seem like plenty of time. It seems to me that no AOS is needed. I know quite a few people who came here on student visas, graduated, and got work permits, green cards, and/or citizenship without ever having to go back to China.

 

I'm no lawyer, but wouldn't you be doing the same thing by applying for a K-3? If you have a multiple-entry visa, that would make it even easier if you have to make trips to your home consulate.

[ballball]

But 10 years to apply for a K-3 would seem like plenty of time. It seems to me that no AOS is needed. I know quite a few people who came here on student visas, graduated, and got work permits, green cards, and/or citizenship without ever having to go back to China.

 

I'm no lawyer, but wouldn't you be doing the same thing by applying for a K-3? If you have a multiple-entry visa, that would make it even easier if you have to make trips to your home consulate.

144317[/snapback]

You are right about that Randy. I am not sure if applying K3 will be faster than the fian'ce visa or the other way around. From Gene reply, it took her 13 months to get the K3. How long it will take to get the fian'ce visa? I guess it depends on where is the applicant from. What will be the best senario for us?

[Guest Gene]

I don't know if you would be able to file for a K-1 or a K-3 here in the States. If you were to marry you would probaly just file an I-485 for adjustment of status to an Immigrant visa. But you would have to read all of the fine print on the forms to see if you would qualify. I think the best point made out of all this is the fact that if the USCIS thinks that you used a visitors visa to get here to marry someone then they would likly not allow you to change status. And you don't want it to appear that you lied to them, because that would cause them to reject any kind of visa. I will say again get a good immigration lawyer, get some references from them, it seems that if this is handled correctly you should be able to stay here rather than go back to China and wait for a K-1, K-3 or a CR-1 Good Luck

[Randy W]

But 10 years to apply for a K-3 would seem like plenty of time. It seems to me that no AOS is needed. I know quite a few people who came here on student visas, graduated, and got work permits, green cards, and/or citizenship without ever having to go back to China.

 

I'm no lawyer, but wouldn't you be doing the same thing by applying for a K-3? If you have a multiple-entry visa, that would make it even easier if you have to make trips to your home consulate.

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You are right about that Randy. I am not sure if applying K3 will be faster than the fian'ce visa or the other way around. From Gene reply, it took her 13 months to get the K3. How long it will take to get the fian'ce visa? I guess it depends on where is the applicant from. What will be the best senario for us?

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You have an option that most of us don't - the visa.

 

To me, your case seems to be a question of what will keep you apart for the least amount of time. If you have to separate, and then apply for the visa, then K-1 (fiance) is usually quicker. I think that is the route to go if you want to play it absolutely safe.

 

But if you can use your 10 yr. visa to spend some time together and explore your options, I would suggest doing that. Perhaps some, if not all, of the visa process can be spent with you here. I know that some people have come here on one type of visa, and ending up getting another more permanent one. Perhaps getting married and applying for K-3 would allow you more time together.

 

Keep your options open, especially for staying together rather than separating for the visa process.

 

Best wishes

Edited August 6, 2005 by Randy W (see edit history)

[david_dawei]

The length of time of a K1 vs K3 is driven by where the petitioner lives in the US as you will apply to the regional visa center... If you state this, we can comment more. Generally speaking, the K1 is always faster. The only thing faster is if the petitioner gets a job in china and you file directly to the consulate for a marriage visa.

 

I would think that a good lawyer could figure out how best to handle this... and could include a means that you can get married and stay in US.

 

If you could secure a job and be here on a work visa, then the intention seems more clear as to the visa at least.. then marry after being at the job for a while and you are sure of the relationship.

 

In the mean time, I would get to the US and explore the relationship using the tourist visa. use some time together rather than apart.

[Dan R]

Talk to a good immigration lawyer. I know a few people from China and other countries who married while in the U.S. on visitor/student/business visas. None had to go back to change status after marriage. This is one where the lawyer's experience does help. Someone comes to a country, meets, falls in love... there is no probalem of intent just being convincing that the marriage is real.

 

I have heard of people going back to wait for the visa or going back just for picking up the visa.

Edited August 6, 2005 by Dan R (see edit history)