Marriage on a tourist visa

[Rota20]

Is it possible for a Filipina to obtain a tourist visa for the US and then get married to a US citizen while there? And if that is possible, can I apply for a K-3 visa after that? Of course she would have to return to the Philippines and wait for the visa to be processed but would a Filipina be legally allowed to marry in the US on a tourist visa? Does anyone know how long a tourist visa takes to get approved and processed? Thanks!

[HaroldC]

... in response to Marriage on a tourist visa, posted by Rota20 on Apr 21, 2004

[This message has been edited by HaroldC]

As far as the Fed is concerned can marry whoever whenever you like. However, I have been hearing lately about K1s having trouble getting marriage licenses because they don't yet have a SSN. Apparently, the Fed is requiring the States who are requiring it as part of the trace system for deadbeat parents owing child support. Better check that out in your locale.

However, entering the US on a temporary visa with the intent to stay is visa fraud- which can result in being banned from the US.

She would not "have to return to the Philippines" but she would have to PROVE, that is document, that she had intended to return when she entered- or perhaps be deported and banned. If she did return, everything is cool- maybe even cooler, because at her K visa interview they would have proof that she was not just trying to get to the US.

Returning to visit on a B visa after a petitiion for a K visa has been filed is problematic- she would have to convince the Immigration Officer at the Port of Entry that she intended not to stay, which is unlikely if one has a resident spouse or fiance. They even turn down Canadians who have been crossing for years prior to a petition filing.

Getting a tourist visa is almost impossible for a young, single Filipina- again because they are afraid she will stay. You can thank the thousands of Filipinos who 'jumped ship' years ago. I believe it takes 2-3 months and $100 to get an interview.

Be advised that one of the most common scams going is to get a Kano to pay $100 for a visa application- denied, of course, plus expenses to Manila, plus luggage- well, you get the idea. I think if she is wealthy and connected enough to get a visa, she can afford to pay for it herself.

[senior citizen]

... in response to Happens all the time., posted by HaroldC on Apr 22, 2004

Sorry, but I have a relative who works for the CIS (old INS). One of the questions they ask every female from a country which is on their (unofficial, secret) list as being a "mail-order-bride" country, is whether or not they have a fiancee, boyfriend or male acquaintance in the US, and do they intend to see them? If she answers yes, 8 out of 10 will be placed on the plane back home. The exceptions are those who will see someone for scholarly or other lawful reasons. If they say "no" and get married while on the visit, this is looked at very hard and some serious, interrogation will ensue of she attempts to change status after marrying. Invariably, the truth comes out as the people doing the questioning are not rookies. That means an automatic penalty of several years denial of entry. Almost every Filipina will be checked for visa fraud for marrying in the US on anything except a K-1. If she has been to a Muslim country within 10 years before entering the US she will receive special scrutiny. Also, if she is from a poorer nation and arrives with a one-way ticket to the US, she will routinely be denied entry.

After 9/11 they are breaking bad on fraudulent entry. If she is sent home for fraudulent entry for marrying the citizen, she will be banned for at LEAST three years from applying for re-entry (it can be more), even if you are married, or even if she is carrying your child that was conceived in the US. Of course you can fight it, but that takes a lot of time and money. By the time you win your case, she could have been here on a K-1, married you, and have a green card, and be working on your second child.

They do tend to look more favorably on ladies marrying after being here several months (six or more) on an H1-B. If they marry right away, they get almost the same treatment as B1/2 ladies would.

At any rate, it lies mainly with the interviewer to recommend return to home nation to re-apply for change of status, even if fraud is not alledged. The default is to send them home to re-apply, even if there is no proof of fraud and no penalty. This assumes that she can get a B-1/2 visa. As others have said here, that is xtremely unusual for a Filipina. Honey's siblings have been denied B-1/2 visas on occasion and they are all gainfully employed, married, most own their homes and all that, and their stated reason was to visit us.

The official and unofficial policies of the government do not always coincide. ;-)

[HaroldC]

... in response to Re: Happens all the time., posted by senior citizen on Apr 22, 2004

If that was to me, didn't you just say what I did?

Or was "Sorry." for him? All he wanted to know, really, was could they marry and she go home and wait for a K3. No problem at all with that- if she gets in (8/10, as you say).

[senior citizen]

... in response to Marriage on a tourist visa, posted by Rota20 on Apr 21, 2004

Since 9/11 the rules have changed on this. They say now that to get an adjusted status you must return to the nation of origin and start the process to change status from there. One of Honey's friends, a nurse, tried this not long ago and had to go back to the Philippines and apply for her wife visa from scratch. As soon as she got back she found out she was pregnant. So that should tell you how serious they are about procedure now.

[Bob S]

... in response to Marriage on a tourist visa, posted by Rota20 on Apr 21, 2004

Complicated issue.  Let's break it up into its components to deal with one at a time.

"Is it possible for a Filipina to obtain a tourist visa for the US..."

Depends.  Is she independently wealthy?  Have property and business assets in the PI worth 7 figures US$?  Have dependent children that will be left behind?  Then maybe.  Hate to burst your bubble, but if you are new to this, you should learn the realities quick.  Single women from poor desperate 2nd and 3rd world countries (PI, Russia, Ukraine, Mongolia, Guatamala, etc.) effectively cannot gain legal entrance on their own to the land of the big shopping malls.  Note that there are exceptions to the rule (e.g. those who come over on student visas), but rare.

"then get married to a US citizen while there?"

Possible?  Legal?  Technically yes.  If she is here and you meet up and decide to take a quick trip to Vegas, there's no law enforcement agency that will arrest you or block your path.  Then she can apply for adjustment of status and all that (starts to get complicated).  But as technically you will have gone around the system, don't be surprised if the INS (or whatever the h%ll it's called now) takes its own sweet time in going over your paperwork with a fine-tooth comb.  And don't expect any sympathy at the American embassy when you start applying for her family to come for visits.

Oh, for the record, there are ppl here who have done something like this.  KenC on the Russian board married his wife while she was in the U.S. on a student visa.  It can be done, but you really gotta study up a lot first and know what you're doing to avoid raising any suspicious flags at the embassy where she will apply for her visa.  From their perspective, there must be NO HINT that there is some single American guy she is connected with waiting for her.

Oh, and to answer the usual follow-up question: No, being rejected for a tourist visa will not invalidate her chance to apply for a fiancee visa later.

[shadow]

... in response to Marriage on a tourist visa, posted by Rota20 on Apr 21, 2004

Chances of a tourist visa being issued;
 about 1%
You can then apply for any visa you like. However, it might not be looked upon very nicely by the nice people in the government office that issued the visa in question. OR, for that matter, by the millions of people applying for a tourist visa afterward as that particular instance is what makes it so difficult to obtain a tourist visa in the first place.
 Instead, why not apply for the K1 fiance visa. it would make your life, and many others, much simpler.

Larry.