Can you marry a US citizen on a tourist visa, and stay?

[Mithmeoi 29]

Thank you so much for your response. My partner Michael, has not been charged with anything like murder, rape, smuggling immigrants or anything scary! But he was charged with robbery, felony eluding (assault) and was wanted about a harrassment case but it was only for questioning. His ex is a complete psycho and has been messeging me on facebook with threats so I believe him when he says she was a bit different ha. I understand if I enter the country and marry through a tourist visa and marry, i have to return and apply for a spouse visa. Would this be easier due to his previous convictions or would i be better off going down the k1 route? (in your opinion) as all this is really new to me too. I should also note, i havent met him in person yet and we were going to do that in may 2013, he gets out in april. i could marry him on a tourist visa in may... but, if i were to file a fiance visa now, i'd have to make sure i get over there asap to meet him to confirm we've met in the past 2 years, its confusing!

My advice, don't try filing anything till you get the chance to know him in real life. Talking over the internet and phone is so much different even when you're being open and honest with one another.

Even if you're allowed to get a photo while he's serving his sentence you won't know what it's like living with him while he's incarcerated. It's a huge decision to marry someone and move to another country, make sure you know it's really what you want, and that he's the one you want to be with.

In answer to your question, yes you can marry on a visitor visa, we did it but we flew to his country and lived there for a year before we applied for CR-1. An upside to the CR-1 is you do not have to adjust status and will be able to get a greencard within a few weeks of arriving.

Best of luck to you both with whatever route you choose.

Edited July 10, 2012 by Mithmeoi

[tori92 0]

Wow so many replies, first off i want to thank each and everyone of you for trying to help me. It really means alot.

I spoke to him for a while today, he's in minimum security and he's even allowed past the gates of the prison.. it's quite laid back really, and theres none of that glass to glass contact, i asked him. It's 3 hours per visit 3 days a week maximum. I asked him if he would like me to go over there in September, but he said he'd love to, BUT, doesn't want me spending all that money on a plane ticket while he's in jail. He said it hardly seems worth it and he'd rather I spent it on a dress or put it toward bills. Bless him! LOL

Now, if I were to go over there in May when he gets out, marry him on a tourist visa and return to Australia and have him petition for me to move over there as a permanent resident would this work? I figure this may be our best option as he really wants to marry me and I want to marry him too and I think by skipping the whole fiance visa thing it would save a lot of time, effort and money. (opinion)

Is this legal? Can I marry him on a tourist visa and return and file for a spouse visa greencard? Even better.. can I go over on a tourist visa, marry and apply for a greencard permanent residency and not have to return or is this not legal?

I know to some it seems just plain crazy... but I KNOW he's my soul mate. I never believed in that kind of thing.. really I didn't. But this man means the world to me, and his family are so supportive, as are mine.

What is even crazier, and I know i will shot down for saying this, I have two kids. One is 12 months the other is 3. They have limited contact with their biological Dad and he even denies paternity and has told me to go to America because he doesn't care. (Lovely!) He's happy to sign forms that's no drama and my older girl who's 3 calls Mike her Daddy which is bitter sweet. Now, having kids, is this going to stop me from legally moving and marrying my guy? I don't think it will??

I just want to be with him the soonest I can, but I want it to be legal.

[Xanax 349]

You should not go to the US on a tourist visa with the intent to marry and adjust status. I believe it is against the conditions of a tourist or VWP.

If you get married spontaneously and decide to adjust that is a different story.

In regards to your children, if the Father wants to sign away his rights and let you take them to the US, then you may take them to the US.

If you file for a K-1 or a CR-1 visa with the children they will have the subsidiary visas K2, I guess it is CR-2 as well (I am not proficient in spousal visas)

In regards to any visa or adjusting status your fiance needs to be able to show he can financially support you, he will need to be making 125% of the poverty guidelines or have a sponsor who does.

---

In my opinion the most legal and "safe" way to go about this considering your situation is to:

1) Meet in May when your partner is out of Jail- bring the kids, spend some time together, be 100% he is in the relationship for the right reasons, you are in the relationships for the right reasons, he can handle the kids, you can stand each other 24/7 , you can afford to live together, all these things!

2) Marry in the US, return to your home country and file a spousal visa application OR 2)a) Return home from your visit and start the K-1 process.

For your particular situation the CR-1 may be the best as you will have a large family to support the CR-1 allows you to work and have LPR status once you enter the US with you CR-1.

[tori92 0]

Thanks, I think I will go to America in may like you said, get married over there and file a spouse visa. As long as this is legal to do i am happy

[Sear 1]

Notice that you will need to find a US citizen or LPR to co-sponsor you and your children, as your future hubby will most likely not be making that kind of money when he gets out. Good luck on your journey, I hope it all works out for the best!

[tori92 0]

I've had a look at the comparison and im going down this route. Definately instead of the K visa as its much cheaper Might be a bit longer but worth the wait. Thanks, this is the best website!!!

[Mogambi 96]

In many parts of the world, 'partner' refers to members of the opposite sex. I was confused by this when I moved to New Zealand. Everyone referred to their 'partners', and I thought, my god, there sure are a lot of gay people here

Without judging (although honestly if I lost my kid to SIDS, I still wouldn't break into a car, steal it, and lead police on a high speed chase). But anyway, yes, it might very well cause problems, or at least require a lot more paperwork and help from lawyers. Your fiancé is a convicted felon, it's going to be have repercussions.

And also, how do you know you want to marry someone you haven't even met in person!

Just be careful.

[JimVaPhuong 4,863]

I call my partner my partner too. When did that become a same-sex only thing???

In the US it's common for same-sex couples to refer to their "partner". They couldn't use terms like "wife" or "husband" before same-sex marriage was made legal in some states, and even today if a gay person uses those terms it starts arguments with some hetero people, so they still tend to avoid them. If they're not married they often don't use "boyfriend" or "girlfriend". Even if a hetero male has no moral objection to gays, some still cringe when they hear another man say "my boyfriend". When a female says "my girlfriend" it's often presumed to be a close friend rather than a love relationship.

Same-sex couples in the US have adopted the term "partner" as the path of least resistance. It implies a love relationship without any specific gender connection. The term "partner" is much less common with hetero couples. Therefore, when someone uses this term there is an assumption, or at least speculation, that a same-sex relationship is involved.

Why not? The only requirement is that you entered the US legally. Happens all the time.

Yes, and majority of people who do it are successful. It's still illegal to enter the US with a preconceived intent to immigrate unless that intent is allowed under the terms of the visa they used to enter, and it's against the VJ terms of service to recommend anything which isn't legal, even if it's possible and relatively common. On this site we have to stay clearly on the right side of the law and not even approach the gray areas.

[Xanax 349]

My gay US friends call each other boyfriend or girlfriend and my married and unmarried heterosexual friends call each other partner, of course the gay friends also use partner and the straight friends wife, husband, boyfriend or girlfriend.... I think this view is a little out dated (maybe because I am relatively you compared to some on this board)

Edited July 10, 2012 by Xanax

[I AM NOT THAT GUY 5,715]

My gay US friends call each other boyfriend or girlfriend and my married and unmarried heterosexual friends call each other partner, of course the gay friends also use partner and the straight friends wife, husband, boyfriend or girlfriend.... I think this view is a little out dated (maybe because I am relatively you compared to some on this board)

My mom was a widow while we were growing up, and the family belonged to "Parents Without Partners". People I know, straight and otherwise, use words like spouse, partner, soul mate, significant other, date, as well as a few more colorful phrases to refer to various types of relationships, without regard to gender preference. This is a fairly integrated area, at least as regards the different types of couplings that can occur, so we don't assume anything as to how two or more people are related, or engaging each other in private.

[Xanax 349]

My mom was a widow while we were growing up, and the family belonged to "Parents Without Partners". People I know, straight and otherwise, use words like spouse, partner, soul mate, significant other, date, as well as a few more colorful phrases to refer to various types of relationships, without regard to gender preference. This is a fairly integrated area, at least as regards the different types of couplings that can occur, so we don't assume anything as to how two or more people are related, or engaging each other in private.

That's what I was saying, but apparently in Jim's experience "partner means same sex"

Anyway, I guess I have gotten this a little . Sorry OP!

[Moomin 292]

My mom was a widow while we were growing up, and the family belonged to "Parents Without Partners". People I know, straight and otherwise, use words like spouse, partner, soul mate, significant other, date, as well as a few more colorful phrases to refer to various types of relationships, without regard to gender preference. This is a fairly integrated area, at least as regards the different types of couplings that can occur, so we don't assume anything as to how two or more people are related, or engaging each other in private.

My parents aren't married however they use a term which translates into "partner in life", and after 30-something years, they call each other partner above anything.

Because the OP isn't from the US(and half of us are from other countries than the US) it's really hard to automatically assume the the term partner refers to same sex when reading on VJ.

[JimVaPhuong 4,863]

That's what I was saying, but apparently in Jim's experience "partner means same sex"

Anyway, I guess I have gotten this a little . Sorry OP!

I've lived in California most of my adult life, and in the San Francisco bay area for nearly 20 years. I've heard people use the term "partner" a lot. When they aren't talking about a business partner then better than 90% of the time they're talking about a same-sex partner. Maybe it's different elsewhere, but it's very common here.