Legal Question in Immigration Law in California


I am an American citizen living in California and I'm engaged to a Brazilian.

Can my fiance apply for a tourist visa then shortly after apply for fiance visa? Or will this cause problems with the fiance visa being granted?

We want him to have a tourist visa so that he can visit me at least once during the process so that we won't have to be apart for too long.

Asked on 8/15/13, 7:02 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You would need to file the fiance visa petition while your fiance was outside the United States. If he enters as a tourist with immigrant intent, that is considered visa fraud.

However, if a person does not have immigrant intent and enters the U.S. on a B-2 visa, then, after 60 days or more, forms the intent to marry a U.S. citizen, and subsequently marries the U.S. citizen, he or she can remain in the United States, and the U.S. citizen spouse can petition the foreign spouse for U.S. legal permanent residency (and adjustment of status).

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Answered on 8/16/13, 8:43 am

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