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VISA - MARRIAGE

Procedural I-130 i-485

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#16 Randy W

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Posted 17 May 2017 - 11:59 PM

 

Yes, it is possible, but you could find her facing a ten year bar for Immigrations fraud.


It's only fraud if she lies to an officer when entering or when getting the visa.

 

But if she is truthful about her intention to apply to immigrate after marrying when entering, she will likely be denied entry. So hopefully she is not asked.

 

 

 

Please be careful about your advice - they could find thermselves facing a ten year bar for Immigrations fraud even so. What matters is what THEY perceive as intent. Fighting it out in court is NOT a good thing.


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#17 dcwfn

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Posted 18 May 2017 - 11:41 AM

Since she already has an approved tourist VISA is it even possible to amend it to a K1 before she leaves for the USA? that way there would be no fraud. Or, do we let the tourist visa run it's course, she goes back to Manila and we do the K1 routine?



#18 dnoblett

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Posted 18 May 2017 - 12:06 PM

Since she already has an approved tourist VISA is it even possible to amend it to a K1 before she leaves for the USA? that way there would be no fraud. Or, do we let the tourist visa run it's course, she goes back to Manila and we do the K1 routine?

No,  K-1 requires a US Citizen to file an I-129F petition and have it work through the system to what is essentially an immigrant visa interview.

K-1 is a non immigrant visa that is handled by the immigrant visa unit at the consulate and most of the process is handled like any other immigrant visa.

 

The best way to handle this is if you wish to marry while visiting on the visit visa, go ahead and do so while visiting and file an I-130 for a spouse visa, she can remain in the states for the allowed stay of the visit visa, and simply return to the home country and interview for the spouse visa, which upon entry to the states gets green-card status immediately.  Probably a wash for costs (I-485 AOS ~ $1200 or so, or a RT ticket to the home country) 



#19 Randy W

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Posted 18 May 2017 - 12:40 PM

Since she already has an approved tourist VISA is it even possible to amend it to a K1 before she leaves for the USA? that way there would be no fraud. Or, do we let the tourist visa run it's course, she goes back to Manila and we do the K1 routine?

 
 
Visas are not "amended" - you would need to apply separately for either a K-1 BEFORE marriage, or a CR-1 after marriage, like Dan said.
 
Fraud would lie in even USING a visa for other than its intended use.
 

If you are hoping she can stay after the marriage, you might want to discuss the details with a lawyer who knows your local immigration courts. Yes, it is possible, but you could find her facing a ten year bar for Immigrations fraud.


As far as getting married, do ANYTHING you wish. It's unlikely that you can violate anything by getting married.

You need to be asking questions about immigration.

Edited by Randy W, 18 May 2017 - 01:01 PM.


#20 Greg.D.

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Posted 18 May 2017 - 02:33 PM

Not a wash re: costs. Applying for a green card after arriving on a K1 is now $1300 (up from ~$1000 a year ago).

Whereas arriving on a CR1 (already married) you receive your gc on arrival.

Going the K1 route provides some protections for both of the engaged, but is definitely more expensive.

Frankly, you are sounding a little impulsive about this to me and my free advice is that you have a nice visit this time and discuss plans for the K1 when visiting and collecting photographic and other evidence of your bonafide relationship - because you're gonna need it.

To paraphrase Bill Joy who said "Hope is a lousy defense", I say "Hope is a lousy strategy".

Apply as needed.
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