I want to propose to my GF who is on tourist visa

[Mark0417 0]

My girlfriend is coming to visit me from Russia on a tourist visa, I am a California resident. I would like to propose to her as I know we both very much want to get married to each other. I meet the minimum financial requirements and have no other issues which would prevent us from getting married.

Questions:

1) Should we apply for a marriage license while she is here?

2) I assume she will have to go back to Russia after her visit and than I would have to file for K-1?

3) Do I have to wait for her tourist visa to expire or when should I apply for K-1?

4) Any other tips would be appreciated.

Thanks,

Mark

[Drusus 0]

First, congratulations on getting to this point and welcome to the Forums. The adventure begins here.....

1. You could, but I believe using the license to get married would be a violation of her B Visa and would not look good in the future application.

2. You could file while she was here, and starting it now would get the forms she has to sign done without using UPS/FedEx. But one way or another she will have to go back before it is done.

3. You can apply while she has her B visa. My Fiancee kept hers while we have been waiting.

4. The guides and checklists on this site are very good. Read them and they will coach you through the process. http://www.visajourney.com/content/k1guide

If you run into specific questions there are usually some members around who can at least point you in the right direction.

Note the poster is not an attorney and no information given should be construed as definitive or legal advice. Please consult with counsel and read all required forms and regulations for a full understanding of governmental requirements.

[Andrea&Henry 311]

My girlfriend is coming to visit me from Russia on a tourist visa, I am a California resident. I would like to propose to her as I know we both very much want to get married to each other. I meet the minimum financial requirements and have no other issues which would prevent us from getting married.

Questions:

1) Should we apply for a marriage license while she is here?

YOU COULD BUT YOU SHOULDNT DO IT AT ALL...THAT'S WHY US GOVERMENT CREATED ALL THIS VISAS SON YOU CAN BRING YOUR FIANCE OR SPOUSE. YOU COULD MARRY HER WHILE SHE IS HERE BUT THEN ON HER AOS SHE CAN GET SOME ISSUES

2) I assume she will have to go back to Russia after her visit and than I would have to file for K-1?

THAT'S THE RIGHT WAY TO DO THINGS SHE WILL GET HER K1 VISA AND THEN COME IN A LEGAL WAY.

3) Do I have to wait for her tourist visa to expire or when should I apply for K-1?

YOU CAN APPLY FOR HER K1 VISA WHENEVER YOU WANT. BUT IN THE MOMENT OF HER INTERVIEW, DESPITES THE RESULTS (APPROVAL OR DENIAL) HER TOURIST VISA WOULD BE CANCEL. FYI

4) Any other tips would be appreciated.

YOU CAN MARRY HER A FILE FOR HER BUT WITH CR1 (she will need to go back to Russia and is a long process but at least she will get her greencard almost as soon as sje gets here, is highly recommened if you are willing to wait and there is no rush for her to be here)

Thanks,

Mark

Edited September 21, 2012 by Andrea&Henry

[Mark0417 0]

Thanks for your help, I really appreciate it!

One more question... I see I have to fill out form G-325A (Biographic Information)

1) Is the information inputted her info or my info?

2) Who is the signature of Applicant, me?

First, congratulations on getting to this point and welcome to the Forums. The adventure begins here.....

1. You could, but I believe using the license to get married would be a violation of her B Visa and would not look good in the future application.

2. You could file while she was here, and starting it now would get the forms she has to sign done without using UPS/FedEx. But one way or another she will have to go back before it is done.

3. You can apply while she has her B visa. My Fiancee kept hers while we have been waiting.

4. The guides and checklists on this site are very good. Read them and they will coach you through the process. http://www.visajourney.com/content/k1guide

If you run into specific questions there are usually some members around who can at least point you in the right direction.

Note the poster is not an attorney and no information given should be construed as definitive or legal advice. Please consult with counsel and read all required forms and regulations for a full understanding of governmental requirements.

[Penny Lane 8,159]

Thanks for your help, I really appreciate it!

One more question... I see I have to fill out form G-325A (Biographic Information)

1) Is the information inputted her info or my info?

2) Who is the signature of Applicant, me?

Each person has to fill it out and attach a passport style photo of themselves along with it. You sign yours, she signs hers. Must be original signatures.

[Mark0417 0]

Thanks for your help, I really appreciate it! I think I will go with the K-1 visa, we don't want to be apart too long...

One more question... I see I have to fill out form G-325A (Biographic Information)

1) Is the information inputted her info or my info?

2) Who is the signature of Applicant, me?

My girlfriend is coming to visit me from Russia on a tourist visa, I am a California resident. I would like to propose to her as I know we both very much want to get married to each other. I meet the minimum financial requirements and have no other issues which would prevent us from getting married.

Questions:

1) Should we apply for a marriage license while she is here?

YOU COULD BUT YOU SHOULDNT DO IT AT ALL...THAT'S WHY US GOVERMENT CREATED ALL THIS VISAS SON YOU CAN BRING YOUR FIANCE OR SPOUSE. YOU COULD MARRY HER WHILE SHE IS HERE BUT THEN ON HER AOS SHE CAN GET SOME ISSUES

2) I assume she will have to go back to Russia after her visit and than I would have to file for K-1?

THAT'S THE RIGHT WAY TO DO THINGS SHE WILL GET HER K1 VISA AND THEN COME IN A LEGAL WAY.

3) Do I have to wait for her tourist visa to expire or when should I apply for K-1?

YOU CAN APPLY FOR HER K1 VISA WHENEVER YOU WANT. BUT IN THE MOMENT OF HER INTERVIEW, DESPITES THE RESULTS (APPROVAL OR DENIAL) HER TOURIST VISA WOULD BE CANCEL. FYI

4) Any other tips would be appreciated.

YOU CAN MARRY HER A FILE FOR HER BUT WITH CR1 (she will need to go back to Russia and is a long process but at least she will get her greencard almost as soon as sje gets here, is highly recommened if you are willing to wait and there is no rush for her to be here)

Thanks,

Mark

[Hypnos 6,576]

Some bad information on this thread.

You can get married to whomever you want at any time, provided the marriage is legal in your state, and their immigration status has nothing to do with it. Getting married on a B visa is no more a violation of it than breathing is.

If you choose to get married while she is here, you can either file for an immigrant visa for her by filing an I-130 as soon as you have a certified copy of the marriage certificate (expect this process to take ~8 - 10 months and she will need to return to her home country). When her immigrant visa is approved she will automatically be granted a green card upon entry to the US.

If you just choose to get engaged you can file for a K-1 by filing an I-129F. This will also require her to return to her home country and once she enters the US on it you must marry within 90 days and then file to adjust status. This is the most expensive option (because of the initial processing and then the subsequent AoS).

Since your circumstances have changed, you could also marry immediately in the US and file for adjustment of status. She would need to remain in the US at least until her advanced parole was approved (so roughly three months). Expect it to take ~4 - 6 months for her green card to be approved by following this method.

[JohnR! 5,495]

1348259304[/url]' post='5706769']

My girlfriend is coming to visit me from Russia on a tourist visa, I am a California resident. I would like to propose to her as I know we both very much want to get married to each other. I meet the minimum financial requirements and have no other issues which would prevent us from getting married.

Questions:

1) Should we apply for a marriage license while she is here?

2) I assume she will have to go back to Russia after her visit and than I would have to file for K-1?

3) Do I have to wait for her tourist visa to expire or when should I apply for K-1?

4) Any other tips would be appreciated.

Thanks,

Mark

Mark, you can propose and get married and she can apply for her green card in the US. However, that is quite often the road chosen by those who attempt to circumvent immigration laws and you may end up having to deal with additional scrutiny, in the form of questioning and/pr visits by the USCIS. What you're doing is certainly not a crime or a violation but it may be a rocky road with the USCIS, especially if you marry soon after her arrival. It all may seem suspicious to the eyes of the USCIS.

One of the things you need to consider is that if she is coming to visit she may not be prepared to stay away from home for months, for she will not be allowed to return to her home country until you file for her AOS and Advance Parole, which is her permission to leave the US once the process is started. All in all you're looking at the time you'll need to plan the wedding, get married, apply for her green card and receive her Advance Parole, which may be months, a period of absence from her home country for which she may not be prepared. Even if you're considering living in the US, she may not be ready to abandon everything back home without preparation.

In the end, the decision is yours. IMHO it would be smoother to apply for a fiancée visa, and you can send in the application while she's in the US or even get married, file for a CR/IR visa while she is here, followed by her return home once her authorized stay in the US comes to an end. Consider that chances are she will be given 6 months upon arrival here on her B visa, so by the time her time is up, she would need to go back home and get started on the documentation she will need to process her CR/IR visa anyway.

I wish you the best of luck and congratulations!!!!