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getting married on a tourist visa vs K3

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  • getting married on a tourist visa vs K3

    My girlfriend has a tourist visa for the US and has traveled on it and returned without problems. We both live in Colombia (shes Colombian, I'm from the US) and want to get married. My job ,in 5 months, is taking me to the Bahamas for a 2 yr contract. We plan to live together there.

    Is it quicker for us to go back to the US get married, change her status, and apply for AP? or the K3 route through Colombia?

    In either case , she needs a US temp. green card along her Colombian passport to live in the Bahamas with me in 5 months

    Any advice?

    Thank you

    Ken

  • #2
    She can not use her visitor visa with the intention to get married and file for AOS (get her GC in the USA). That is fraud/misrepresentation.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      K 3 visa

      Ok .So if marrying on the tourist visa is illegal, is the
      K 3 visa my best option ? If so, and when she is giving Advance Parole, will she be given a temp. green card?

      How long is the wait , roughly, for K3 visa, if I'm originally from Florida?

      Thank you

      Ken

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      • #4
        I dont think its illegal. My cousin married in the US while on a tourist visa.

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        • #5
          Originally posted by df94703
          I dont think its illegal. My cousin married in the US while on a tourist visa.
          entering the USA with a visitor visa and spontaneously falling in love and getting married (within the 6 months given on the I-94) is not illegal, though pretty stupid IMHO. However, entering the USA with the preconceived and planned idea of adjusting to an immigrant status is fraud. Because you are using a visa that requires non-immigrant intent for any visit you make...

          Every case is different. But the law is the same. Either you conceal the truth at the POE or misrepresent yourself. Ask your cousin if he told the immigration officer "the purpose of my visit is to get married and apply for a GC"? Of course not! He would have been denied entry!
          Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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          • #6
            Hello?????????????

            Immigration adviser

            Can you answer my questions about the K 3 visa then?

            Thank you

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