On Fri, 30 Apr 2004 04:37:34 +0000, munkyette wrote:
> I have a huge question, My fiance is in the uk and I am in the US We've
> looked into him moving over on a Fiancee Visa but we know this will
> take quite a while and be quite costly. Can he come over to the US and
> marry me without filing for a Fiance Visa? Is this illegal? Thank you
> for any advise given.
First of all, I completely agree with what everybody else said. Yes, it is
illegal to come to the USA as a tourist and intend to get married and
stay.
That said, the risk is relatively limited. You could be denied admission -
basically, put on the next plane back. Technically, you would also be
committing immigration fraud. But there has been a precedent in the 1970s
that clarified that if this preconceived content is the only problem in
your immigration history, the fact that you are married to a US citizen is
more important, and USCIS is actually required to forgive you. Note that
this only applies if there is absolutely nothing else, not a single day
overstay for instance, in your immigration history that would cause a
problem.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
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