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Thread: Getting married on a toursit visa?

  1. #1
    I'm full of all sorts of questions, so bear with me please.

    A few months ago, I posted a question regarding a finacee visa for my British boyfriend. But I've been wondering if there might not be an easier way to go about things, and a way to bypass the financial requirment on my end. (I don't make a ton of money currently and am not sure the visa would go through.)

    If he were to get a visitor visa, and we got married during that 6 months, could he then apply for citizenship via spouse while still in country?

    Also, (and this will likely get me flamed) I'm still not entirely sure on the difference between a green card and a visa, if there even is a difference.

    And does anyone know where I might find relative time tables on the acceptance of these different visas?

    Thanks in advance.

  2. #2
    I'm full of all sorts of questions, so bear with me please.

    A few months ago, I posted a question regarding a finacee visa for my British boyfriend. But I've been wondering if there might not be an easier way to go about things, and a way to bypass the financial requirment on my end. (I don't make a ton of money currently and am not sure the visa would go through.)

    If he were to get a visitor visa, and we got married during that 6 months, could he then apply for citizenship via spouse while still in country?

    Also, (and this will likely get me flamed) I'm still not entirely sure on the difference between a green card and a visa, if there even is a difference.

    And does anyone know where I might find relative time tables on the acceptance of these different visas?

    Thanks in advance.

  3. #3
    Green Card = Permanent Residency
    Visa = Permission to enter country

    If the immigration service determines that your fiance lied about his intention when coming to the US, he will be denied a green card. This is unlikely though; as difficult to prove intent. However, the same financial requirement to sponsor him for a green card still applies. But it is very minimal. A McDonalds worker makes enough to sponsor someone.

    Being a Brit, he should be able to enter the US easily on tourist visa. A fiance visa would take 6-12 months.

    Be careful though, British people often scam Americans for a Green Card as some here would testify. Be aware that people from outside the US do not use deoderant. They believe that they are somehow immune to body odor (and they are not). British people, in particular, have very bad dental hygiene.

    Good Luck !

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:

    Be careful though, British people often scam Americans for a Green Card as some here would testify. Be aware that people from outside the US do not use deoderant. They believe that they are somehow immune to body odor (and they are not). British people, in particular, have very bad dental hygiene.

    Good Luck ! </div></BLOCKQUOTE>

    Oh ****...

    Thanks for your reply. I'm assuming pretty much any applications for permanant residence take about the same processing time?

  5. #5
    If someone is in the US; you can apply for permanent residence through "adjustment of status"; that changes their status from tourist to permanent resident; this takes between 1 and 2 years. During that time you can also get authorization to work. Even as a fiance, they would still have to wait that long to get permanent residency. There is no short cut to a green card. The best, easiest, is for them to come as a tourist if possible, then adjust status (as long as that was not their original intent). Otherwise, fiance visa.

  6. #6
    Would he be able to stay in country while the adjustment to permanant resident is being processed, through either the fincee visa or the tourist?

    I'm thinking at this point, it might just make sense to start the application process for the fiancee visa since it will take many months and then in the interim we can plan and make financial arrangments.

  7. #7
    K-1 applications are processing within 4-6 months at present, according to several sites.

    One thing I'd like to mention is there is no way for you to bypass any financial requirements. Even if they did grant him a tourist visa and allow him to stay 6 months (highly unlikely as in most cases, they require definitive proof that the applicant will return home - proof your fiancé won't be able to provide if his intention is to pack up and move), you will still have to pay the fees to adjust his status to permanent resident, then apply again in two years to remove the conditions that they'll place on his residency. No matter what way you go, you'll be looking at approximately the same cost for fees. You will also need to sign an Affidavit of Support proving you can support him, so you'll need to earn 125% over the poverty level for your household size.

    Also, he won't be eligible to apply for citizenship until after he's been a permanent resident for 3 years (assuming the two of you remain married - 5 years if not). A green card and permanent residency are the same thing. The card is just what they give you to prove it.

    Please ignore SOM's little rant. Nobody around here takes him seriously when he runs off on those little tangents.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  8. #8
    Oh I know we can't avoid fees...I was just wondering about the support financial requirement. With the fiancee visa, it look slike he can file for residency as soon as we marry, so I think we'll just have to go that route.

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by urdle:
    Oh I know we can't avoid fees...I was just wondering about the support financial requirement. With the fiancee visa, it look slike he can file for residency as soon as we marry, so I think we'll just have to go that route. </div></BLOCKQUOTE>

    If you can't afford fees, you can't apply. The financial support requirement is minimal. I dont understand the comment you can appy for residency as soon as you marry as fiance. You can do the same if he is a tourist and you apply AOS. It seems you are confused.

    I am not ranting; I only state facts and the truth.

  10. #10
    Urdle, if you don't meet the financial requirement for the Affidavit of Support, which is 125% over the poverty level for your household size), you can use a co-sponsor to make it up. That can be a close friend or a family member.

    And yes. The K-1 visa allows him to come to the US as a non-immigrant, and provided you two marry within 90 days, you would then file to adjust his status to permanent resident. He would originally have a conditional 2 year visa since your marriage would be less than 2 years and would have to apply to remove the conditions around 3 months prior to the expiry, which would then give him full residency and a 10 year green card. It's the government's way of weeding out fraudulent marriages.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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