QUESTION
Does my boyfriend need a fiancé visa if he has a 10 year tourist visa?
Asked on Dec 20th, 2016 on Immigration - Indiana
More details to this question:
My boyfriend and I have known each other since April 2014. He came to visit his best friend in the states in January 2016 and we met. We started dating. He stayed for three weeks. Went back to Jerusalem and he came back to visit me after 30 days. The second time he stayed for two months. He left in April. Then he visited me again in September and stayed for 3 months. He left on December 9th. He has a 10 year tourist visa. From my understanding he can only stay here 6 months total out of the calendar year. Do we have to get a fiancé visa for him to come back so we can get married? Or is it okay if he comes back in a few months and we get married and adjust status. What is the best option?
1 ANSWER
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A visitor to the US makes an assertion that he or she only plans to stay here for a visit and then go back to the home country. An individual intent upon marrying when coming to the States is best advised to obtain a K-1 fiancée visa. U.S.C.I.S. discourages individuals from using the tourist visa to get married and adjust status in the US as that is an abuse of the visa.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 12th, 2017 at 5:48 PM