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The Hazards of Tourist Season for Your Betrothed

Written By The Shapiro Law Group on May 04, 2012

The warmer weather and sunny skies of spring have arrived in the U.S., opening the gates to tourists from around the globe, but one group of tourists should be especially mindful of the legal hazards of visiting the U.S.

If you are a foreigner engaged to a U.S.citizen and living abroad, then your petition for a K-1 visa will establish your intent to marry an American citizen and stay here permanently.

That could be problematic if you come here to visit prior to marriage using a tourist visa or visa waiver, as entering the U.S.with a temporary visa with intent to marry and stay could be considered visa fraud.

In fact, immigration authorities may deny your entry into the country if they even suspect that your temporary visit is a sham, and they will know of your K-1 petition and will consider it when deciding whether to let you visit.

Thus, you should be prepared to provide evidence that you currently live outside of the U.S.and will continue to do so until your K-1 is processed. Documents related to your residence and employment (such as a lease, an employment contract or other documents) can be helpful in demonstrating the true temporary nature of your visit.

If you cannot prove the temporary nature of your visit, you should consider postponing your visit or filing your K-1 petition after the visit (if it has not been filed already).

If you need assistance or counseling with regard to immigration visas, you may contact our office at (847) 564-0712 to speak with a qualified lawyer.