Questions about Income, Visas, and Marriage

[germanbrite]

Hi, Everyone!

I read a similar thread concerning the question I am posting now but I still had some things I am wondering about. Here is a little information: I am a US Citizen with a Serbian fiance. We wish to get married and for him to live here legally after that. I cannot afford the Affidavit of Support in any of the marriage nor fiance visas. Assets are not available. No sponsors are available and we have asked. He intends to work and we will have a joint income then if that helps with any details. We have contacted a lawyer but at this time we cannot afford services. We are not asking for legal advice but for any help or advice from anyone else who has been in this situation or something similar.
Here are our questions:
1. Which visa is best / easiest for him to try to obtain so we can achieve this goal?
2. Is it legal to marry on a tourism visa if he fully intends to return to Serbia (and can prove it with return tickets and so on) before the visa expires?
3.Is the marriage itself fraudulent (under "dual intent") or is the issue of someone not returning to their home country while on a tourism visa the issue which is fraudulent?
4. If we marry on a tourism visa and he returns to Serbia, am I able to petition for him to return and to waive affidavit of support by showing extreme hardship without him? (I do have several documented circumstances that qualify as extreme hardship).
5. In the event of filing a K-1 Visa, I have read that there are some circumstances where it is possible to be married first and then file for the affidavit of support using a joint bank account once the immigrant is legally married and working. Is that an option?

Thank you for all your answers and your time!


--germanbrite

[SGI]

what to do

I just talked with an immigration officer and he had asked why we didn't get married first.

This is how I now understand it. I needed an advance parole for my career (ability to leave and enter multiple times) but I entered on a K1 visa. The officer said we filled out the incorrect form when we applied. (untrue) as all we could file was the K1 forms change of status, employment and parole.

He said why didn't you get married first. I could have stayed in my country of living , worked until All the paperwork was processed and then enter the USA with work authorization and advance parole.

Doing it as a K1 fiancee means you cannot apply until you are married...

In short get married in his country then apply as married and when he enters he will have all required to work and leave while waiting for his change of status

[germanbrite]

Thank You for the Advice!

SGI,

Thank you very much for your advice. This is probably a stupid question but does it matter what foreign country we marry in if that is possible? A friend said he knew someone who was marrying a fellow from India and she was a USC but they were marrying in the UK. I had thought at first it had to be the foreign spouse's home country for citizenship / visa reasons but then when my friend told me of this I was confused. Thank you very much for your reply. We definitely don't want to do anything rash nor anything that is a no-no. We just both know very little. Thanks again!
---germanbrite

[SGI]

marriage

SGI,

Thank you very much for your advice. This is probably a stupid question but does it matter what foreign country we marry in if that is possible? A friend said he knew someone who was marrying a fellow from India and she was a USC but they were marrying in the UK. I had thought at first it had to be the foreign spouse's home country for citizenship / visa reasons but then when my friend told me of this I was confused. Thank you very much for your reply. We definitely don't want to do anything rash nor anything that is a no-no. We just both know very little. Thanks again!
---germanbrite

It should not matter as long as its a "Christian" type marriage or one recognized by the courts (justice of the peace). Any Western Country would be your best bet, even better get married in the USA while visiting. Make sure you have the original documents from the marriage.

I am new to this forum and my advise comes from my experiences and what I have been told by USCIS. Just do a little research and you will be fine.

[germanbrite]

Thanks again.

SGI,

Thanks again. Any advice is good advice. These things are not made easy to understand nor to do. And, I have not had the chance to talk to people about how it's done even if I know someone who has married a citizen of another country. Even if you are new to the forum, you've been through the experience and I thank you for sharing your advice.

Have a nice day!

----germanbrite