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Marrige Question... Again!


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#11
ElQueso

ElQueso
  • LocationPlaza San Martin

gpop said:

Argentina has problems recognizing a marriage that is performed outside of Argentina...

I haven't seen that.  I married my wife in Paraguay and had no problem at all being recognized here.  A good friend of mine who got married in the States to his Argentine wife had no problems when they returned.

#12
Bradly

Bradly

ElQueso said:

You can legally go to the states and get married on a tourist visa.  What's important is what you do afterward.

Let's say that you can get married on a tourist visa. It's not legal, however. If an Argentine goes to apply for a tourist visa in order to get married in the U.S., it will be denied.

If the OP's fiancee already has the visa, what will he tell the CPB officer when/if he/she asks, "What's the motive for your trip?"

A consular officer only has to have doubt to support a denial. Any inkling that you didn't follow the rules won't go over well.

#13
Bajo_cero2

Bajo_cero2
If somebody is going to marry in the US, I suggest she/he apply for a fiance Visa. Simple.
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Dr. Christian Rubilar

#14
ElQueso

ElQueso
  • LocationPlaza San Martin

bradlyhale said:

Let's say that you can get married on a tourist visa. It's not legal, however. If an Argentine goes to apply for a tourist visa in order to get married in the U.S., it will be denied.

If the OP's fiancee already has the visa, what will he tell the CPB officer when/if he/she asks, "What's the motive for your trip?"

A consular officer only has to have doubt to support a denial. Any inkling that you didn't follow the rules won't go over well.

I think you're wrong abut the legality of it. For example, on the Hong Kong's US Consulate website (http://hongkong.usco...ov/faq.html#3.3) it gives out information on what you need to get married in the US while on a tourist visa.

An immigration lawyer's opinion on this:

http://www.pcurtisla...ry-tourist-visa

Again, what matters is CHANGING STATUS while you're in the US IF you went to the US with the express intention of getting married and CHANGING STATUS WHILE THERE.

The lawyer states excplicitly that there is absolutely nothing against the law with going to the US to get married while on a tourist visa as long as you leave before your visa expires.

Added:

If you are getting a new visa to specifically go to the US to get married, you still are not in any danger of fraud.  If you already ahve a visa, but you tell the official when you arrive you are there to get married, he could deny you entrance, fearing that you will not return, which is why a tourist visa would get denied if you told the official at the consulate you were getting a tourist visa specifically to get married, even if you are planning to return. Nothing illegal in the slightest, but they reserve the right to deny you a visa or entry if they feel there is a danger that you won't return.

Again, as long as you don't file for a status change while in the States, even if you don't tell them you are going to get married IN ADDITION to paying a visit to the US, you are not doing anything illegal.

#15
ElQueso

ElQueso
  • LocationPlaza San Martin

Bajo_cero2 said:

If somebody is going to marry in the US, I suggest she/he apply for a fiance Visa. Simple.

Not so simple if the couple wants to go to the US to get married in front of family and return.  It's silly to say you need to do something complicated to accomplish something simple that is allowed by law to happen, if it is done according to the law.

#16
legilber

legilber

ElQueso said:

Not so simple if the couple wants to go to the US to get married in front of family and return.  It's silly to say you need to do something complicated to accomplish something simple that is allowed by law to happen, if it is done according to the law.

That was my thought as well.  I've seen many "US-Destination" weddings where two foreigners go to the states to get married, and so I guess I'm confused as to why we would have to jump through all of the hoops when we don't have any intention of moving back to the states for quite a while?

We have no clear intention of staying and so the trip is purely tourist-based.  We're looking at being there for a month, with a trip to the caribbean planned in the middle.  

There would be no need to say anything about the wedding upon our arrival to the states, because its just a small part of why we're going.  

Also with the K-1 visa, you have to show spousal support, which I don't exactly see how I can prove considering we live in another country and well... he mainly supports me ;)

The K-1 visa for me in more intended if you are going to change status after the wedding, which we are not going to be doing.  I don't know, maybe I'm wrong but it just seems like a lot of stuff to go through just so that we can get married with all of my family and friends...

#17
citygirl

citygirl
Again, I can only tell you that 2 people I know did it without any problems.  They in both cases had valid tourist visas, went  to the US, got married while there and then returned to Argentina aftewards.

All the OP's financee needs to say is that he is going to visit her family.  Which is in fact true.

#18
bebero

bebero

legilber said:

We have no clear intention of staying and so the trip is purely tourist-based.  We're looking at being there for a month, with a trip to the caribbean planned in the middle.  

The K-1 visa for me in more intended if you are going to change status after the wedding, which we are not going to be doing.  I don't know, maybe I'm wrong but it just seems like a lot of stuff to go through just so that we can get married with all of my family and friends...

that's where you're wrong. if it was purely tourist-based, then you wouldn't be getting married, you'd be travelling around.
if you're gonna marry, you HAVE to apply to a k1 one or you'll very likely have problems afterwards.

also, you don't have to show spousal support. you both have to show that, together, you're not below poverty line.

if he wants to marry a us citizen he needs a fiancé visa.

#19
ElQueso

ElQueso
  • LocationPlaza San Martin

bebero said:

that's where you're wrong. if it was purely tourist-based, then you wouldn't be getting married, you'd be travelling around.
if you're gonna marry, you HAVE to apply to a k1 one or you'll very likely have problems afterwards.

Wow. So it doesn't matter that the US govt itself says that there's no problem with getting married on a tourist visa, immigration lawyer says it doesn't matter, both as long as you don't try to get a change of status while your there and leave on time?

THERE IS NO PROBLEM WITH DOING THIS.

People, do a little research and quit assuming you know the answer on this because it "seems" like going to the States to get married, when NOT intent on changing status to remain in the States, is in any way illegal, fraudulent or in any way against what the US wants.

Who's to say that they are not going to do tourist things while they are there in addition to getting married? Who's to say you have to travel around to be a tourist?

As I mentioned before, the US government doesn't care one whit if you get married in the US while on a tourist visa. The entire issue is your intent on IMMIGRATION. A tourist visa is a non-immigrant visa and as long as you leave the country on time, and don't try to change status whil there, you can do anyhting in the US that it is legal to do.

Even if you DID change status, there are a number of opinions (from immigration lawyers - not in general) that if you o it between 30 and 60 days AFTER arriving on a tourist visa, you can even do that. The 30/60 day rule is a "go by" that is actually used for something else but many immigration officials will use that when reviewing a case of marriage while on a tourist visa for those who DO file for a change of status while they're there. Admittedly, this is a bit of a gray area and the only situation where there could be a problem with getting married int he US with a tourist visa.

#20
bebero

bebero

ElQueso said:

Wow. So it doesn't matter that the US govt itself says that there's no problem with getting married on a tourist visa, immigration lawyer says it doesn't matter, both as long as you don't try to get a change of status while your there and leave on time?

THERE IS NO PROBLEM WITH DOING THIS.

People, do a little research and quit assuming you know the answer on this because it "seems" like going to the States to get married, when NOT intent on changing status to remain in the States, is in any way illegal, fraudulent or in any way against what the US wants.

Who's to say that they are not going to do tourist things while they are there in addition to getting married? Who's to say you have to travel around to be a tourist?

As I mentioned before, the US government doesn't care one whit if you get married in the US while on a tourist visa. The entire issue is your intent on IMMIGRATION. A tourist visa is a non-immigrant visa and as long as you leave the country on time, and don't try to change status whil there, you can do anyhting in the US that it is legal to do.

Even if you DID change status, there are a number of opinions (from immigration lawyers - not in general) that if you o it between 30 and 60 days AFTER arriving on a tourist visa, you can even do that. The 30/60 day rule is a "go by" that is actually used for something else but many immigration officials will use that when reviewing a case of marriage while on a tourist visa for those who DO file for a change of status while they're there. Admittedly, this is a bit of a gray area and the only situation where there could be a problem with getting married int he US with a tourist visa.

I didn't assume anything. I did A LOT of research on the subject myself and talked to MANY people about it over the last six months. If they EVER wanna go live there they're gonna have problems. Better to be on the safe side, in my opinion.




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