Im a american citizen my fiance is an frenc citizen. Can she come here under a tourist visa and get married, then we adjust her status and apply for a green card.
2007-06-06 14:29:17 · 8 answers · asked by swimcaroll 1 in Politics & Government ➔ Immigration
she is already planning to come here this summer. We want to get married and start a life together. Since we dont have the time to apply for a k1 visa. Would all this be legal?
2007-06-06 14:38:25 · update #1
What you are suggesting is a rather obvious, transparent attempt to getting around the K-1/K-3 requirements. The US government has grown weary of people circumventing the laws and are not nearly as forgiving as before. Do as you wish, but be prepared for the consequences.
By the way, French citizens do not need a visa, so if she does come with one, it is a dead giveaway that she intended to adjust status in the first place.
2007-06-06 15:12:41 · answer #1 · answered by Curious1usa 7 · 0⤊ 1⤋
I have heard of several instances where people do what you suggest and it never is a problem. The K-visas are mainly used by fiances from countries that can not enter the US without a visa. Although it is true that the tourist visa/ I-94 says it is only for people who leave after 90 days and who can prove that they have a return ticket, you can always say that she was just visiting and you decided on short notice ot get married now. Once you apply for the green card they will remove the I-94 and put a stamp in her passport that allows her to legally stay in the US until the decision/interview is made. Just make sure you fill for perm. residency as soon as possibel after the marrige and befor the 90 days are over.
I was in the US on a J1 visa for 13 months when I met my husband. That type of visa usually requires you to return to your home country after the 13 months are over, but the marriage overruled all of that.
2007-06-09 02:22:00 · answer #2 · answered by Manuela S 3 · 0⤊ 1⤋
Yes, but you could hit a snag.
When you apply for a tourist Visa, you are swearing under oath that the purpose of your visit is to tour the country. If your intent was to get married and use the tourist visa, you are, in fact, lied on your application.
Immigration department CAN question you and find you in violation. My suggestion is to contact the State department/Immigration department and make sure this is ok.
2007-06-06 21:58:12 · answer #3 · answered by tkquestion 7 · 0⤊ 1⤋
Definitely
2007-06-06 21:37:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋
She can directly apply for a K visa from France which is specifically for fiances.
2007-06-06 21:34:37 · answer #5 · answered by shamim316 4 · 0⤊ 0⤋
no, but you can get engaged and she goes home and you apply for a k3 visa. go to an immigration lawyer before you get into a problem it may take years to resolve
2007-06-06 21:44:01 · answer #6 · answered by swederon 2 · 0⤊ 0⤋
yep , sounds like a valid game plan.
2007-06-06 21:54:24 · answer #7 · answered by Anonymous · 0⤊ 0⤋
sure, why not
2007-06-06 21:33:40 · answer #8 · answered by JAKILLA 2 · 0⤊ 0⤋