Overview of marriage visas and fiancée visas

The problem of bringing in a foreign fiancée

Bringing  a foreign fiancée or even spouse into the United states is not as easy as it sounds or perhaps should be.

In short, if a fiancée or spouse wishes to enter the United States with the intent to remain in the United States permanently and of course apply for a Green card-then technically s/he is ineligible for a Tourist visa and must normally obtain either a Fiancée visa (K-1) or a spousal visa (K-3) or obtain his or her Green card directly from the US Embassy or consulate in his or her home country prior to departing for the United States.

This situation is due to the fact that, strictly speaking, someone with an intent to remain permanently in the United state is not eligible for a Tourist visa. Indeed, in the event that someone applies for and uses a Tourist visa to come to the United States with such an immigrant intent they may be deemed to have committed 'visa fraud' and hence be deportable and/or even barred from re-entry.

Of course, fiancées from developed countries such as Western European countries can simply travel to the US on the visa waiver program. Those form developing countries may find it almost impossible to get a Tourist visa in any event.

Marrying a United States citizen after entry thru the Visa Waiver program or through a B1/2 tourist visa

Of course it is perfectly proper to come to the US on a tourist visa or visa waiver to marry a United states citizen if AFTER the marriage you intend to return to your home country.

However ifs such a person does not return home and subsequently applies for a 'Green card' in the US -thru the adjustment of status process-then the visa fraud problem could easily resurface and cause that person real problems.

In essence, the Immigration service normally applies the 30/60/90 day rule as it relates to fraudulent intent. 

The rule is if you apply for adjustment of status within 30 days of entry, there is an almost unrebuttable presumption that you had a nonimmigrant intent when you entered as a tourist and hence are deemed to have committed visa fraud. Between 30 and 60 days, the presumption is rebuttable. Between 60 and 90 days the rebuttable presumption reverses and unless the Immigration service  has knowledge that the intent was preconceived, it will grant the adjustment of status. After 90 days, the issue is hardly ever raised.

If fraud is found by the Immigration  Service the very best scenario is that the individual will be required to return to their home country to apply for the correct visa which may even be denied.

The bottom line is if you intend to come to the US to marry a US citizen (or are already married to a US citizen) and apply for a green card once there you should not enter on a tourist visa but either use a K-1 fiancée or K-3 spousal visa.

What are your options if you wish to bring your fiancée to the US?

(1) Obtain a fiancée (K-1) visa

In order to do so you;

• Must be US citizen
• Have met her within the past two years-with limited exceptions
• be legally free to marry
• be able to financially support here

(2) Marry him or her first either in the US or more likely in his or her own country and apply or a Spousal (K-3 visa)

(3) Marry him or her first either in the US or in his or her home country and apply directly for a 'Green card' thru the US Embassy or consulate in her home country

Which of the above is the best/quickest route?

The answer to his very frequently asked question depends upon;

• where you intend to reside in the United States -the processing tie for both K3 and K1 visas varies dramatically depending on which regional service center the application is filed in
• The country of residence of your fiancée/spouse-Some US embassies will accept direct 'green card' filings others will not. Policies and circumstances vary from embassy to embassy

Once more, the bottom line is you must do this correctly to avoid serious problems that could arise.