Friend wants to get married while in US on a tourist visa!

[Flavia 1]

Hi to everyone!

My very close friend is in the US now on a tourist visa. She met a nice guy, they love each other and they want to get married. He doesn't want her to go back to Russia, since he doesn't want them to be separated for a long time and 'cause she doesn't have any relatives there. He suggests that they get married in the US and then file for an adjustment of status.

She wants to stay with him of course, but she is afraid of doing something illigal that would jeopardize her future legal status in the US.

Can they get married here in the US like he wants without getting her a fiancee visa? Is it dangerous? Please help.

[Chica Yeyé 41]

I am not sure, but if she entered the US on any visa (except obviously a K-1) with the intent to marry, it is considered visa fraud. This seems to be quite the slippely slope; so your friends need to be quite careful about how to proceed. Hopefully some other members with experience will chip in here with advise!

[YuAndDan 153]

It all depends on intent. Did your friend apply for and use the visitors visa with the intent of immigrations? If this is the case then should apply for a correct fiancee or spousal visa.

IF immigrations was not the intent, as if friend met and did not know and was discussing marriage with the US citizen before coming to the USA, then follow this guide:

http://www.visajourney.com/forums/index.ph...page=i130guide2

Please note, filing this way subjets the couple to a more probing interview for AOS. In our case we did the K-1 visa and when we adjusted status we did not even get interviewed.

Edited February 3, 2008 by YuAndDan

[mamajo 1]

I asked that question to an immigration attorney and they did not recommend that process as he was here on a tourist visa. It will be considered fraud and may jeopardize our application. He could however, stay until his tourist visa expired. Which he did. Hope this helps!

[pushbrk 13,167]

I asked that question to an immigration attorney and they did not recommend that process as he was here on a tourist visa. It will be considered fraud and may jeopardize our application. He could however, stay until his tourist visa expired. Which he did. Hope this helps!

It won't help because your post doesn't address intent at entry or other circumstances.

If I understand the OP's case, the foreigner met the USC after the entry on the tourist visa. In that case, it is clearly allowed to stay and adjust status but the foreigner must stay until the green card or advanced parole is in hand.

If there's something different about the timing or circumstances in the OP's case, then they may have a problem. These are sticky issues and the devil is in the details.

[Flavia 1]

It's kind of confusing...

So, they CAN get married while she is in the US on a tourist visa as long as she doesn't leave the country until having the Permanent Resident card on hand, right?

She met him when she was in the US already on her B2 visa, so originally she did not intend to enter the US to stay here.

Edited February 4, 2008 by Kitties

[Flavia 1]

Actually, it happened like this: she met him when she was in the US already on her first B2 visa last year. Then she returned to Moscow because the visa expired, had her tourist visa renewed and came back to the US, this time already knowing that they may get marrried. Does this mean that her intent was to immigrate?

[2007n 0]

Hi to everyone!

My very close friend is in the US now on a tourist visa. She met a nice guy, they love each other and they want to get married. He doesn't want her to go back to Russia, since he doesn't want them to be separated for a long time and 'cause she doesn't have any relatives there. He suggests that they get married in the US and then file for an adjustment of status.

She wants to stay with him of course, but she is afraid of doing something illigal that would jeopardize her future legal status in the US.

Can they get married here in the US like he wants without getting her a fiancee visa? Is it dangerous? Please help.

i suggest your friend should contact a good lawyer and ask that question. Most consultations with lawyers are free

[YuAndDan 153]

Actually, it happened like this: she met him when she was in the US already on her first B2 visa last year. Then she returned to Moscow because the visa expired, had her tourist visa renewed and came back to the US, this time already knowing that they may get marrried. Does this mean that her intent was to immigrate?

Correct this is clear intent to immigrate, if they intended to enter the USA and then marry, that is what the K-1 visa is for, USCIS, NVC and Consulate all perform immigrant name checking on this type of visa, they do not for B-2 visas, so use of a B-2 visa like a fiancee visa, is an attempt to circumvent the normal immigrations process, and is considered visa fraud.

[Mags 112]

Actually, it happened like this: she met him when she was in the US already on her first B2 visa last year. Then she returned to Moscow because the visa expired, had her tourist visa renewed and came back to the US, this time already knowing that they may get marrried. Does this mean that her intent was to immigrate?

Unfortunately, yes. She can still get married but she should return to Russia and file the appropriate visa rather than stay and adjust status.

So, to clarify, her options would be to either get married now, return to Russia and file a K-3, or get engaged, return to Russia and apply for a K-1.

Edited February 4, 2008 by Mags

[Kazan' Tiger 1]

I agree with you Mags! Do it right and lose a little time separated or risk losing a whole lot more!

Actually, it happened like this: she met him when she was in the US already on her first B2 visa last year. Then she returned to Moscow because the visa expired, had her tourist visa renewed and came back to the US, this time already knowing that they may get marrried. Does this mean that her intent was to immigrate?

Unfortunately, yes. She can still get married but she should return to Russia and file the appropriate visa rather than stay and adjust status.

So, to clarify, her options would be to either get married now, return to Russia and file a K-3, or get engaged, return to Russia and apply for a K-1.

[rebeccajo 14]

I really think the lady needs to see an attorney.

She might like what she hears.

[Mags 112]

I really think the lady needs to see an attorney.

She might like what she hears.

Do you think she could adjust then, RJ? I'm just curious (and learning all the time too).

[pushbrk 13,167]

I really think the lady needs to see an attorney.

She might like what she hears.

Yes, they're likely to like what they hear but they really do need to have a face to face meeting with a qualified attorney to assess their options. The devil IS in the details and the third party OP keeps changing the story. The latest story makes the answer far less clear cut.

[rebeccajo 14]

I really think the lady needs to see an attorney.

She might like what she hears.

Do you think she could adjust then, RJ? I'm just curious (and learning all the time too).

Well I dunno. I don't know her. I'm reading about her 'situation' from a 'friend'. That's a little iffy first of all.

Secondly, I don't know what she said when she came through POE. I don't know what questions she was asked. I don't know how she represented herself.

What we do seem to know is she is in the US now. She was admitted. While she is here, she should sit down with COMPETENT counsel and discuss her options. Competent counsel can see her paperwork and speak to her face to face.

Intent isn't just about 'intending to get married' or 'intending to immigrate'. It's about intent to evade the law. Not so easy to parse, especially from the info we have been given.