Best step to get married to a German native?

[texasbighair 0]

Hi,

I am a US citizen and my fiance is a German native. He has lived here for five years under a work visa but recently switched jobs and is now under a tourist visa (US company but hired overseas) for the past 6 months. He owns a business here as well....I dont know if this makes a difference in the ease of getting a permit to live here permanently.

We plan to get married soon in Dallas through a Justice of the Peace. Other than that, I have no clue as to what steps to take from beginning to end.

Please advise.

[payxibka 10,045]

You sure he is here under a tourist visa? Tourist visa does not have authorization to work....

[DakotaK1 1]

Well you guys could do K1 or K3 Visa,there is enough Info about that here online

[heathius 0]

You are better off either getting married in Germany and then applying for a K3, or getting engaged and applying for K1 which will allow him to come to the US for the purpose of getting married (then you apply for a green card after that).

Many people from Europe get married in the US when visiting on the Visa Waiver Program (Germans don't need a tourist visa to visit the US), and many of them get a green card without a problem. But, technically you aren't supposed to do that, and it can lead to trouble. To eliminate that risk you are better off trying for K1 or K3.

[no name 1]

You sure he is here under a tourist visa? Tourist visa does not have authorization to work....

yes, I'm wondering the same!

[athena_ny 1]

You are better off either getting married in Germany and then applying for a K3, or getting engaged and applying for K1 which will allow him to come to the US for the purpose of getting married (then you apply for a green card after that).

Many people from Europe get married in the US when visiting on the Visa Waiver Program (Germans don't need a tourist visa to visit the US), and many of them get a green card without a problem. But, technically you aren't supposed to do that, and it can lead to trouble. To eliminate that risk you are better off trying for K1 or K3.

If there is no intent to marry upon his last entry to the US, there is nothing wrong with getting married here and adjusting. Not even "technically." If there was something wrong with it, those people would not receive their green cards - that many people don't just slip through the cracks, it's written into immigration law that it is an acceptable way of adjusting status.

To the OP - if he wasn't planning on marrying you upon his last entry, you can get married here and file to adjust status that way. Any visa overstay or illegal work will be forgiven at AOS (which may or may not be relevant to you - I'm confused because you say he's on a tourist visa but tourist visas have no authorization to work so he is either working illegally or on a different visa).

Many people have successfully adjusted this way, and quite a few people stuck in the K1 or K3 process will say that they wish they'd married and did it that way when they had the chance. With either of those, it can be a lot of waiting.

Now, if he/you want to marry in his native country (and have that be the "real" legally binding ceremony, the K3 or CR-1 will be your best option. CR-1 makes the immigrant a permanent resident upon entry, with the K3 you then have to adjust status after entering the US.

[MM_MS 0]

Hi,

I am a US citizen and my fiance is a German native. He has lived here for five years under a work visa but recently switched jobs and is now under a tourist visa (US company but hired overseas) for the past 6 months. He owns a business here as well....I dont know if this makes a difference in the ease of getting a permit to live here permanently.

We plan to get married soon in Dallas through a Justice of the Peace. Other than that, I have no clue as to what steps to take from beginning to end.

Please advise.

Dear TBH -

You might consider posting this question on the AOS board and see what additional ideas are offered. I know someone who met a European while he was working in the U.S. on a time-limited basis (have no idea which visa it was). They met, dated, and eventually moved in together. I don't know if his visa had expired or was nearly expired, but they married and filed an AOS (w/o an attorney.) It took only six months start to finish (including one RFE) and he received his conditional green card last week!

You guys may not even need a K-1 or K-3. He's here legally ... and that's an advantage most of us can only dream of. Double-check and see what options exist. You might be in a really great position to marry and file an AOS. Much good luck!!

Best to you both -

MM, aka: Envious

[heathius 0]

You are better off either getting married in Germany and then applying for a K3, or getting engaged and applying for K1 which will allow him to come to the US for the purpose of getting married (then you apply for a green card after that).

Many people from Europe get married in the US when visiting on the Visa Waiver Program (Germans don't need a tourist visa to visit the US), and many of them get a green card without a problem. But, technically you aren't supposed to do that, and it can lead to trouble. To eliminate that risk you are better off trying for K1 or K3.

If there is no intent to marry upon his last entry to the US, there is nothing wrong with getting married here and adjusting. Not even "technically." If there was something wrong with it, those people would not receive their green cards - that many people don't just slip through the cracks, it's written into immigration law that it is an acceptable way of adjusting status.

To the OP - if he wasn't planning on marrying you upon his last entry, you can get married here and file to adjust status that way. Any visa overstay or illegal work will be forgiven at AOS (which may or may not be relevant to you - I'm confused because you say he's on a tourist visa but tourist visas have no authorization to work so he is either working illegally or on a different visa).

Many people have successfully adjusted this way, and quite a few people stuck in the K1 or K3 process will say that they wish they'd married and did it that way when they had the chance. With either of those, it can be a lot of waiting.

Now, if he/you want to marry in his native country (and have that be the "real" legally binding ceremony, the K3 or CR-1 will be your best option. CR-1 makes the immigrant a permanent resident upon entry, with the K3 you then have to adjust status after entering the US.

This is true, but you have to be ready to show that was no intent. As long as you feel that you can produce enough evidence to show that there was no intent, then go ahead and get married and file for AOS. Otherwise you will need to do a K1 or K3 if you don't want to take that risk.

[athena_ny 1]

You are better off either getting married in Germany and then applying for a K3, or getting engaged and applying for K1 which will allow him to come to the US for the purpose of getting married (then you apply for a green card after that).

Many people from Europe get married in the US when visiting on the Visa Waiver Program (Germans don't need a tourist visa to visit the US), and many of them get a green card without a problem. But, technically you aren't supposed to do that, and it can lead to trouble. To eliminate that risk you are better off trying for K1 or K3.

If there is no intent to marry upon his last entry to the US, there is nothing wrong with getting married here and adjusting. Not even "technically." If there was something wrong with it, those people would not receive their green cards - that many people don't just slip through the cracks, it's written into immigration law that it is an acceptable way of adjusting status.

To the OP - if he wasn't planning on marrying you upon his last entry, you can get married here and file to adjust status that way. Any visa overstay or illegal work will be forgiven at AOS (which may or may not be relevant to you - I'm confused because you say he's on a tourist visa but tourist visas have no authorization to work so he is either working illegally or on a different visa).

Many people have successfully adjusted this way, and quite a few people stuck in the K1 or K3 process will say that they wish they'd married and did it that way when they had the chance. With either of those, it can be a lot of waiting.

Now, if he/you want to marry in his native country (and have that be the "real" legally binding ceremony, the K3 or CR-1 will be your best option. CR-1 makes the immigrant a permanent resident upon entry, with the K3 you then have to adjust status after entering the US.

This is true, but you have to be ready to show that was no intent. As long as you feel that you can produce enough evidence to show that there was no intent, then go ahead and get married and file for AOS. Otherwise you will need to do a K1 or K3 if you don't want to take that risk.

Depends. If he's been here 5 years, it's likely they met here and won't have to prove that. I didn't have to prove it because we met 4 years after he entered. Depends on the situation.