Vegas Vs Church - Getting Married on a Tourist Visa

By Christopher Stoll

It is not recommended that a foreign national enter the United States on a tourist visa for purposes of marrying. Marriage simply is not the intended purpose of a tourist visa. The purpose of the B-2 Tourist Visa is to permit entry into the United States for tourism, visiting relatives or other intentions contemplated by the visa. The F-1 Fiancee Visa contemplates entry with the intention of marrying.

Notwithstanding the distinctions between these visas, couples have wed while the foreign national is in the United States on a tourist visa and they have obtained adjustment of status permitting the foreign spouse to remain. Pivotal in adjustment of status is the intention of the foreign national when he or she entered. The necessary elements of proof of intention are that the marriage is not a sham marriage and not planned at the time the tourist visa was applied for.

The typical scenario occurs when the foreigner enters the United States on a tourist visa with the intention of merely staying for a definite time with the intention of returning to their home country. After arriving in the United States the foreign national meets an American citizen or permanent resident of the opposite sex, a relationship develops and the couple marries. The citizen or permanent resident then applies for adjustment of status of their spouse.

A 30/60 day guideline is often used in a determination of the intent of the foreign national. If adjustment of status is sought within 30 days of arrival, there is a presumption that the marriage involved visa fraud. If the adjustment of status is sought within 60 days of arrival, the presumption becomes rebuttable. After 60 days appears to be in the safe zone unless of course evidence exists that the marriage is a sham or planned.

After getting married and applying for adjustment of status, the foreign national cannot leave the United States without advance parole or obtaining permanent residency. Were the foreign national to return to their home country, they will not be allowed to return to the United States while adjustment of status is pending. They would be required to await issuance of a spousal visa. On that basis alone, the F-1 Fiancee Visa might be the better road but if a foreign national married in the United States while on a tourist visa, a Las Vegas wedding chapel may carry more credibility than a church and a spontaneous spur of the moment wedding may be more valid than a planned wedding.

Christopher J. Stoll is an attorney who has been assisting the immigrant community for over 25 years. He is licensed to practice in the immigration courts of all 50 states.

READ MORE - Vegas Vs Church - Getting Married on a Tourist Visa

Green Card Marriage Process - Avoid A Green Card Denial With These Interview Tips

By Art Saborio

The green card marriage process is a bit more complicated than the K 1 Visa process. It involves a process that goes deeper in a couple's personal information. Along with providing another mountain of paperwork to the USCIS, they also need a formal interview. This is not a complicated experience for the couple who's ready. For those that are not ready or not really husband or wife, the interview will prove a barrier to permanent residence status.

The officer can ask anything he or she feels is necessary to remove any doubt the couple is truly husband and wife. The officers will practice a certain level of common decency when asking questions. The basic questions asked pertain to the home and what happens in the couple's day-to-day life. This sounds simple, yet try to do this with your spouse now and see how many questions come up incorrect.

With the basic questions answered, the harder ones start. The officer will start to go through the file searching for areas that pertain to how the couple met. This is where the couple will shine because they made the effort to review all old documentation. Questions on where the couple met, how they met, when they met and what they did when they met are all fair game. If the answers are not similar to what's submitted in the original forms, then further examination is possible.

If the answers to the questions are wrong, the officer will separate the couple while the interview is in progress. The officer will question the couple separately and then compare notes. A couple that has lived together for three months must show they can answer the questions without too much difficulty.

This can create a unique situation for a couples where the spouse in the military or taken away from the home for long periods of time. To prepare for the interview the couple needs to sit down and quiz each other on what they do throughout the day. Having this good understanding of each other is all that is needed to pass the more difficult questions.

One of the best weapons an officer has is understanding body language. If a couple is lying they will show it through their behavior. The officer will understand that the couple is nervous, yet there are traits that most people will show when they are lying or extremely uncomfortable. These are things which will make the officer look a bit deeper into the relationship.

The interview is not easy, but can complete without legal representation. Knowing each other well, getting a good night's rest and coming ready to the interview will do the couple the most good when going through the Adjustment of Status Green Card interview.

READ MORE - Green Card Marriage Process - Avoid A Green Card Denial With These Interview Tips

Qualifying for a US Student Visa

By James Witherspoon

Many foreign students apply to study in the United States every year. One key document that every student needs to legally enter the country for studies is a student visa. The visa application process can be long and difficult, so it is important to leave yourself plenty of time to complete your documents so that they are finished before the deadline. In addition, it may be in

your best interest to consult with a U.S. visa lawyer to ensure that your application is submitted completely and efficiently.

Student Visa Eligibility
Any student who wishes to visit the United States for studies must apply for an F-1 visa. There are many qualifications that a student must meet to be granted a visa, so it is important to review these carefully. Below is a list of the eligibility requirements that you can expect to face when applying:

* Must be accepted to a qualifying U.S. educational institution
* Must be enrolled as a full-time student
* High level of proficiency in English or proof of enrollment in an English language course
* Proof of residence abroad
* Overcome the assumption of immigrant intent by providing proof of ties to your home country

The most difficult of these requirements is proving that you do not intend to immigrate to the United States. Students must be able to show that they have sufficient ties to their home country that give them little motivation to remain in the U.S. after their studies are completed. Some types of evidence that can be used to show non-immigrant intent include providing information on family within the home country, ties to educational institutions, and involvement in community organizations or social clubs.

READ MORE - Qualifying for a US Student Visa

Spouse Immigration - Who Can Apply For the K3 Visa?

By Art Saborio

Spouse immigration is the process where a U.S Citizen living aboard marries a non U.S Citizen. The foreign spouse can join the U.S Citizen by applying for the K3 Visa. This is similar to the K1 Visa, yet provides its own unique set of difficulties.

Under the K3 Visa the U.S Citizen needs to give proof of income, residency and foreign bank account activity. These are hard to prove if the U.S Citizen does not truly live within the country of the foreign spouse.

A big mistake some couples make is marrying within the foreign country, then proceeding to use the K1 Visa process as means to bring their spouse into the U.S.A. Keep in mind the K1 Visa is only for a fiance and not a spouse. Homeland security will check the entire background of the non-immigrate. If they find a record of the fiance already married to the U.S. Citizen, then things could get very complicated.

A crucial criterion for the K1 Visa is both parties cannot be married. A valid petitioner and beneficiary status is single, widowed or divorced. The couple has a really good chance of running into complications if the marriage already happened. There are ways around this, but it is not ideal. It is better to follow the instructions to the law.

Let's say the immediate family in the foreign country is expecting the couple to marry within the country where the fiance resides. How does the couple handle something like this? There are a few ways to discuss this; the first is to set a date to return to the country to marry once the entire process within the U.S.A is completed. The second way is to marry in the foreign country, yet not have this publicly documented. It is kind of like having a mock wedding without the formal legalities. Going about this any other way can put your immigration process in jeopardy.

If after reading this article the couple still would like to go ahead with a K3 Visa, then the recommendation for the couple is to seek counsel before proceeding. As mentioned above there are ways around some of the limitations of the K3 Visa, yet they are not ideal and need good legal support to go ahead.

For all those who are live aboard and have married a person from the foreign country in which they live, then the K3 Visa applies to you. All others should go ahead through the K1 Visa process.

READ MORE - Spouse Immigration - Who Can Apply For the K3 Visa?