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Getting married - need advice

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  • #16
    Mihi,

    Your fear of not being let back in is well founded. This contrasts with your earlier statment in the same post that you'll be able to enter as tourist for 3 months or on B-2. Remember, being a national of a visa wavier country or having a State Dept visa stamp merely enables you to knock at the door. Whether you are let in depends on the inspector at the POE. Humm, only allowed a 30-days stay, leave as a business traveler after 1 and a half year, return after only 2 weeks as a pleasure traveler. I think more than a few eyebrows will be raised about you urgent need to see America, what with all the sites you've missed in the past year and a half.

    Keep in mind that we are just offering opinions, it is your life on the line. Talk to a good professional if you can. Good Luck.

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    • #17
      Yes, I know it is very risky.
      But my point is that yes-I was in the States for a year and a half and yes I was here for a business reason...but also in the mean time I developed a relationship which I am eager to continue...

      I found docs about US citizens fiances and I thought that this is the way to go...it would be a travel for pleasure, it would be a reason to spend time with him...it might sound naive but I see this as the only option where I will not violate any rules, I would leave the country as they asked me to do and then come back for my personal reasons.
      It's not a crime to fall in love with somebody from US right? And - I need to be able to go home and enter US in the future...I don't want to be locked in one country just because somebody else didn't take care of my status as it should.

      But I am aware that at the end of the day, my enetring will depend on the person at the POE...

      Thank you so much for the input...

      Comment


      • #18
        Mihi-

        The *right* way to do it is defiinitely *not* a tourist visa. That would be no better than the B-1. The right was is the K-1, the fiance visa. Although we don't know if you entered this last time with the intent to eventually stay, clearly that would be your intent at the time of entry *next* time, if you were to try again with b2 or VWP. And it would be pretty clear from your pattern of travel, as well. That would trigger charges of fraud, which would mean criminal prosecution as well as denial of the petition.

        Your fiance could file for the k-1 while you are still here.

        Or, you could overstay until your wedding, if you did *not* enter with the intent to immigrate on your last entry.

        What USCIS wants you to do is leave, and then enter under a correct visa.

        You can, meanwhile, go to any other country you like.

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