Can we marry while on tourist visa?

[liam07 0]

Hi all,

I'm heading back to the states and my girlfriend and I want to spend more time together (3 months) before I decide if I want to ask her to marry me. I wanted to know Can we get married while we are there? obviously if things go great between us. If we do marry can I leave the states and then apply for K-3? Can we adjust status and I stay there?

I realise the term 'intent to marry' and that intending to marry while on tourist visa amounts to fraud but we don't intend to marry just yet (I haven't even discussed it with her), not sure how it will go or if she will even say yes to be honest, but if things go great between us, than we might.

I want to do everything legal of course so any advice is appreciated.

Cheers

[victor+natasha 0]

Hi all,

I'm heading back to the states and my girlfriend and I want to spend more time together (3 months) before I decide if I want to ask her to marry me. I wanted to know Can we get married while we are there? obviously if things go great between us. If we do marry can I leave the states and then apply for K-3? Can we adjust status and I stay there?

I realise the term 'intent to marry' and that intending to marry while on tourist visa amounts to fraud but we don't intend to marry just yet (I haven't even discussed it with her), not sure how it will go or if she will even say yes to be honest, but if things go great between us, than we might.

I want to do everything legal of course so any advice is appreciated.

Cheers

Yes you can get married while you are in US, however it would be better to come back to your country and do the K-3 or CR1 visa process, otherwise you might be faced with misrepresantation.

[KimandRuss 0]

Yes, you 'can' but as suggested... you may face extra scrutiny at the adjustment stage.

[*JG* 2]

I never suggest doing what you are hinting at. If it's in your mind now, someone may decided you pre-decided to do it from the very beginning.

[pushbrk 13,133]

Hi all,

I'm heading back to the states and my girlfriend and I want to spend more time together (3 months) before I decide if I want to ask her to marry me. I wanted to know Can we get married while we are there? obviously if things go great between us. If we do marry can I leave the states and then apply for K-3? Can we adjust status and I stay there?

I realise the term 'intent to marry' and that intending to marry while on tourist visa amounts to fraud but we don't intend to marry just yet (I haven't even discussed it with her), not sure how it will go or if she will even say yes to be honest, but if things go great between us, than we might.

I want to do everything legal of course so any advice is appreciated.

Cheers

The "gettting married" part is absolutely no problem. Intent to marry is no problem. Intent (upon entry to the US) to circumevent US immigration law by using the VWP or tourist visa to marry AND immigrate is where the visa fraud comes in. If you truly make the decision after entry, you technically may remain and adjust status but you may well face additional scrutiny and perhaps more importantly, may not leave the US during the AOS process. Would you be able to demonstrate you still have a home full of clolthes and furniture abroad, that you resigned from your job after your US arrival, etc.?

So, you "can" but "can you really?"

[rin and john 71]

The data suggests it happens frequently. See report:

http://www.dhs.gov/xlibrary/assets/statist...06_Yearbook.pdf

If I am interpreting the data correctly (plus data from the 2007 Yearbook):

In 2005/2006 approximately 32,000 fiance(e)'s per year entered on K1 visas. For 2006/2007 about 33,000 fiance(e)'s/year became LPR's with IF1 or CF1 classifications.

In 2006/2007 approximately 63,000 spouses per year entered on CR1/IR1 visas (with LPR status).

In 2005/2006 approximately 15,000 spouses per year entered on K3 visas. In 2006/2007 about 207,000 spouses became LPR's with CR6/IR6 classifications. Given that approximately 15,000 of these entered as K-3 visas, over 190,000 spouses obtained CR6/IR6 status after having entered the USA under some other classification than a K-1 fiance(e) or K-3/CR-1/IR-1 spouse (VWP, work visa, tourist visa, student visa, etc).

So again, if I interpreted the data correctly, roughly 110,000 spouses entered the USA as K1, K3, or CR1/IR1. The other 190,000 spouses entered the USA (without intent to marry, of course), got married, and then adjusted status.

To the OP's question, if you enter without intent to marry, but then get married, you are in the majority. You can legally file K-3, CR1/IR1, or AOS. If you enter with the intent to marry, then you would have to file K-3 or CR-1/IR-1 and return home to await approval.

Edited July 22, 2008 by rin and john

[liam07 0]

Thanks again,

I understand what your getting at and thank you for it, I intend all above board but just wanted to know what I'd be getting into, much to consider obviously. I guess I'll cross that bridge if and when I get to it.

cheers

Thanks rin and john for the stats