visit US (urgent)

[Mr. Leggs 0]

a friend of mine is planning to visit her boyfriend in USA, from Singpore(she's now working in singpore) for 10 days, can they get married? and can she stays in the US?

thank you

Dan

[BinhJerome 14]

If she comes to the US on a visitor visa she will not be able to stay to my knowledge. Also if she comes on a visitor visa when they try to get her over here the right way it will not look good as with her entry visa was for visiting and she got married in a short time. It will throw up lots of red flags. I would have your friend not get married while she is here. It will only complicate matters later on. She could try to stay as a illegal but I am sure that is not her plans.

Jerome

[Otto 83]

So your friend wants to :

• Come to US on a tourist/visitor's visa <--No Problem
• Get married <--No Problem
• Remain <--Circumvents US Immigration Law
• Eventually get a green card

They could certainly try all this - maybe be successfully (maybe not, and if not risks a ban) in the time waiting to find out, your friend would not be going home (leaving the US), not be able to work, drive or do anything really. Not worth the risk in my view.

[BinhJerome 14]

Like I said before and like what was said after. It would not be the best idea in the world, and it would probably bring them more grief in the long run than they both would want or expect.

[JimVaPhuong 4,863]

a friend of mine is planning to visit her boyfriend in USA, from Singpore(she's now working in singpore) for 10 days, can they get married? and can she stays in the US?

thank you

Dan

Dan, you've been on this site more than a year, and you've been through the immigration process. I'm rather surprised you would ask this question.

The visitor's visa is a non-immigrant visa. Under normal circumstances, there is no way to immigrate after entering on a tourist visa. The government may make an exception, and allow someone to adjust status and get a green card if they marry a US citizen during their visit. However, they have to prove that this was not their intention when they entered on the tourist visa. This can be difficult to prove, especially on such a short visit. Attorneys often tell their clients that USCIS has a presumption that anyone who marries within 60 days of their arrival in the US and then files for AOS probably had the intention of doing so when they entered the US. These attorneys usually advise their clients to wait at least 60 days before getting married in order to avoid the automatic presumption that the applicant has misused a non-immigrant visa for immigration purposes. I don't know if USCIS really does have this rule. However, if they do, how is it going to look if somebody marries and applies for AOS while in the US on a 10 day visit? The case is going to reek of immigration fraud, and she's going to end up being banned from the US for life.

Tell your friend not to be stupid, and follow the safe immigration path by getting a fiancee or spousal visa.

[Anh map 2,098]

Certainly happens every day. And seems like most are successful in the long run. If she's Viet that may complicate things. (Can't escape the fraud history just by coming through another country) And the potential ban is a serious consideration.

Your friend needs to think of how her story would sound to an IO at the interview. If the story doesn't pass the "smell test" and would result in a denial and ban, why take the risk?

They can marry during the trip, she returns to Singapore (whre she can work and save $$ rather then sit here unable to work legally) and then begin the filing process.

It isn't fun being separated, but doing it by the book will probably result in less overall stress and fewer headaches.

Edited September 18, 2009 by Anh map

[David-Hien 11]

I saw one case, a vietnamese girl came to US by business visa, then she got green card by getting married. However, the process couldnot be done within 10 days.

It means she had to drop everything at VN and stay in US until she have GC. Her I-94 must be expired after 6 months, otherwise, she cannot change her status while she on her tourist visa. Besides, she have to know how to file the application with what kind of docs to prove that their marriage is truthful.

Edited September 18, 2009 by Hien

[thongd4me 69]

I saw one case, a vietnamese girl came to US by business visa, then she got green card by getting married. However, the process couldnot be done within 10 days.

It means she had to drop everything at VN and stay in US until she have GC. Her I-94 must be expired after 6 months, otherwise, she cannot change her status while she on her tourist visa. Besides, she have to know how to file the application with what kind of docs to prove that their marriage is truthful.

Over 20 years ago I married my Japanese (now ex) wife who overstayed her student visa.

Her status was adjusted with no problem, but that was then and now they have more

rules in place to prevent that kind of thing. Adjustment of status used to be routine with

any kind of short-term visa, but times have changed.

I think getting married is no problem, but your friend has got to go back to Singapore and

the USC SO has to apply for the K-3. I think that should satisfy the current law.

[David-Hien 11]

I saw one case, a vietnamese girl came to US by business visa, then she got green card by getting married. However, the process couldnot be done within 10 days.

It means she had to drop everything at VN and stay in US until she have GC. Her I-94 must be expired after 6 months, otherwise, she cannot change her status while she on her tourist visa. Besides, she have to know how to file the application with what kind of docs to prove that their marriage is truthful.

Over 20 years ago I married my Japanese (now ex) wife who overstayed her student visa.

Her status was adjusted with no problem, but that was then and now they have more

rules in place to prevent that kind of thing. Adjustment of status used to be routine with

any kind of short-term visa, but times have changed.

I think getting married is no problem, but your friend has got to go back to Singapore and

the USC SO has to apply for the K-3. I think that should satisfy the current law.

The girl as I said above got GC in some days ago, may be last month (I didn't remember exactly date), but she and her boyfriend had strong background and they arranged their wedding and application date as rule 30 and 60 days. I'm following up other cases, there are some other girls, who are going to do the same.

The link is at here: http://www.webtretho.com/forum/showthread....207&page=13, however, it's in Vietnamese language.

Edited September 19, 2009 by Hien

[Mr. Leggs 0]

thank you anh Roger, đại ca chym (jim), Jerome and all. she's planning to come to visit only, but it was my idea to marry her boyfriend while she's here, instead of he's making a trip to vietnam next march. trying to take a shortcut but deep down i think this is too risky if they are going to do what i've told them there is no point to return.

thanks,

Dan

[BinhJerome 14]

thank you anh Roger, đại ca chym (jim), Jerome and all. she's planning to come to visit only, but it was my idea to marry her boyfriend while she's here, instead of he's making a trip to vietnam next march. trying to take a shortcut but deep down i think this is too risky if they are going to do what i've told them there is no point to return.

thanks,

Dan

I think they can get married, but she should not try to stay. This would make the cr1 or k3 process easier as he will not have to stay there so long to get married over there. But to try to get married then stay would not be a good idea, it would look a bit fishy. I think that if they did get married and she went back when her Visa said she would not look bad since she did return as she said she would. But it is up to them on the choice they choose to make.

Jerome