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Au Pair Discussion
Reply to "Staying illegally"
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[quote=Anonymous][quote=Anonymous]Why wouldn't someone just come on a travel visa and get married, instead of waiting for the fiancée visa?[/quote] Because you run into the same problem as with getting married while still legally in country on the J1 - you cannot (are not supposed to) get married on a non-immigrant visa. Yes, they can get married but officially she'd then have to leave again, apply for a spousal visa and wait until that is granted before she could move back to the US. Also four options - a) she doesn't get questioned about why she is coming to the US when entering on her tourist visa b) she gets asked why she is coming to the US when entering, tells the truth, shows return flight home & binding ties, and gets admitted c) she gets asked why she is coming to the US when entering, tells the truth (can or cannot show return flight & binding ties), and does not get admitted d) she gets asked why she is coming to the US when entering, lies and may or may not get admitted To get married in the US and stay immediately you need a K1. My understanding is that the smartes move is to get married (in the US or abroad) and then apply for a CR1 because she'd be allowed to work right on arrival (while K1 takes time after arriving in the US and after getting married). Getting married is not the problem, staying is. They could try to adjust her status if she came to the US legally (J visa, F visa, B visa, ESTA/VWP) but they will most likely run into the problem of possibly having entered the US with immigrant intent on a non-immigrant visa. If they didn't know each other before she came to the US on her J1 they would at least be able to argue that she didn't enter the US with immigrant intent. Coming on a tourist visa and getting married opens different problems. If AOS when married to a citizen when in the country illegally is now problematic (which it didn't used to be) getting married on a non-immigrant visa (and staying!) will most likely also be. If he doesn't want to marry her now and they want to go the 'correct' way it simply does take time (months to years, depending on route they take).[/quote]
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