Must one have a Fiance Visa to marry in US?

Question

My fiance's in the States, I'm in Germany with our daughter. We wanna marry soon, I'm a German citizen. Fiance Visa's expensive & takes long. Could I just go over there as a "tourist" & "spontaneously" we decide to marry right away, then file for permanent residency? Or could we get in trouble for not having the K-1 Visa? But it wouldn't look "planned". I would make it seem as I was living with my parenst until we decide to marry, then go "visit" him, and we decide to tie it right away. Of course with a round-trip ticket. We have no idea how to go about this the fastest, cheapest, and easiest way. It seems the government wants to rip off with all those petitions. So many illegal Mexicans walk the streets, though. But spouses have such trouble. Please help.

Answer 1

I had this same question and my wife is still here in the US with me. She entered on a visa waiver and was just staying for a few months to visit. We decided it was too much difficulty to be separated and so we got married with no fiance visa. It is the only legal way to change the visa waiver status. It was a paperwork nightmare and she spent a year unable to work or do much but stay home and wait for me to get off work. It will not work if you enter the country with intent to marry and no fiance visa because they will turn you back at the border. Once you are in the US, you can decide to marry. The hard part is the child and her status. If it's his, he can sponsor the child but that bit is not something I know about.

Answer 2

No, you don't.!!

Answer 3

Visa fraud 5 years federal prison for him and 10 year ban from the US for you. Getting married on a tourist visa is legal filing the paperwork for a permanent residency is considered prima facie evidence of visa fraud. The USCIS can only assume that you "planned" to get married when you entered the US. These people are a LOT smarter than rocks and have see it all!

Answer 4

in six years either of you have not been able to save for this? what makes you think he will pay the fees once you get here. sounds like you may be a future public assistance dependent.  

Answer 5

Fiance visa and relative visa petition processing pretty much takes about same time. Just a month or so difference.

As German citizen you can enter on visa waiver. If you enter on visa waiver, you can also get married and file for green card here. Legally you are allowed.

However, you intention can be an issue and "planning" part can get you in trouble. It is up the immigration officer to make a determination. The officer can ask you question as to why did you enter as VW and then filed for green card (and not followed the other route). It really depends on the totality of the case and officer's discretion.

It seems like you are planning and I hope Immigration people are not reading your post and tracking it.  

Answer 6

No, but if you are in germany you need a visa to come here, meaning you need either a fiance visa or some other visa that allows you to be here until he files paperwork for you to stay... coming on a visitors visa or something like that may look planned, but it does not prevent you from marrying... it only causes questions... on a fiance visa they know your intent and you can work and travel with no problems on that

Answer 7

You can get married without the K1 visa. The K1 allows you to stay in the US and legally adjust your status. A tourist can get married in the US if they wish, but they still have to leave after their visit.

It's not possible for users of VWP to adjust their status. By making this post you've demonstrated immigration intent, which is also prohibited by the VWP.

It may not look "planned" to you, but if you turn up at the US border with daughter in tow, and all your belongings from Germany, you're going to get turned around even with a roundtrip ticket.