tourist visa expiration in event of marriage?

[Shilojean 0]

I'm American and my boyfriend is Australian.

He's been in and out of the US on 6 month B1/B2 tourist visas.

His last entry was a couple days ago and he got held at the border and grilled because he's spent more time in the US than his home country. The border people let him though, but only gave him 2 months instead of 6.

Last night he proposed to me. We want to get married here in the US and move to Australia when his visa runs out.

My question is, will our marriage instantly nullify his visa?

If he have the wedding in a week or two, can we stay in the US for the duration of his visa?

We need the income I'll be making in the coming two months to move on, and if we need to time our wedding so it's just before our move date that's fine. Just can't find the information anywhere.

thanks.

[payxibka 10,045]

the act of marriage has no effect on his status....

[Old Dominion 26]

You'll both be OK until his visa expires. You are free to go with him. As to his being able to re-enter the US, that's a whole new ballgame.

[NycBra 4]

As others have said, the marriage will not automatically "extend" his permanence of stay (2 month).

What he can do (although in this case may be difficult) is to apply for an extension of the permanence of stay, meaning, they would extend the 2 month period. But for that he has to give specific and compelling reasons that the extra stay is TEMPORARILY. He needs to show proof he intends to go back to his country in X months, show air tickets, and ties he has with the native country.

I went through this and got mine approved for extra 6 months (I was also recently engaged and recently accepted for graduate school. So I did mention my engagement but reinforced the fact I wanted to participate at the school open house. I showed return ticket, and explained I would apply for the student visa in Brazil. But I ended up staying only 3 extra months, then I flew back to Brazil where I got the student visa.

At the time we talked to an immigration lawyer who told me something disturbing. Even though you are required to apply to the extension very much in advance, the answer from your request of extension usually arrives AFTER your current permanence expires. So... if it is approved, you are fine, they don't consider you have been here illegally. HOWEVER, if they deny the case, you are automatically considered "out of status" and required to return to your country within 4 weeks (I think). In other words, they would consider you have stayed illegally in the country since the expiration of your stay.

I am saying this so you can carefully consider your chances. We took the chance and risk because we thought we had enough compelling arguments for them to approve our request.

I hope this makes some sense, and help you out thinking your options and alternatives.

My personal advice is: leave before the 2 months expire, and if you both plan to live in the US, then apply for the green card from abroad.

[Shilojean 0]

thanks everyone, we're not going to stay in the US so we're not worried about extending his visa.

We'll move to Australia for a couple years and when we decide to come back to the US, we'll apply from abroad not having to worry about "proving" our relationship as we'll have been married for years at that point.

[Jamaican JNR 2]

I'm American and my boyfriend is Australian.

He's been in and out of the US on 6 month B1/B2 tourist visas.

His last entry was a couple days ago and he got held at the border and grilled because he's spent more time in the US than his home country. The border people let him though, but only gave him 2 months instead of 6.

Last night he proposed to me. We want to get married here in the US and move to Australia when his visa runs out.

My question is, will our marriage instantly nullify his visa?

If he have the wedding in a week or two, can we stay in the US for the duration of his visa?

We need the income I'll be making in the coming two months to move on, and if we need to time our wedding so it's just before our move date that's fine. Just can't find the information anywhere.

thanks.

If you marry your BF in the US, then you can file for him as soon as you get the marriage certificate. Make sure tho, that he has his birth certificate with him.

[justashooter 430]

If you marry your BF in the US, then you can file for him as soon as you get the marriage certificate. Make sure tho, that he has his birth certificate with him.

no point in it, as he cannot be issued a green card and live in oz for a few years with continued validity. her plan is good, as long as she can show a residence (parent's home?) in US, sufficient income preceeding application and a job waiting for her in USA. the US job is the only tough part.

[Shilojean 0]

no point in it, as he cannot be issued a green card and live in oz for a few years with continued validity. her plan is good, as long as she can show a residence (parent's home?) in US, sufficient income preceeding application and a job waiting for her in USA. the US job is the only tough part.

Hmm, I didn't realize I'd need employment to come back to the US.

The good news is, we're not even going to give up our apartment here in NYC. We'll just sublet it, yes, even for years if necessary. people do it all the time. If you find a good place here, you don't let it go.

whatever, we'll work it out when the time comes.

thanks for the heads up though. we want to be as prepared as possible for both the move there and the move back.

[Brother Hesekiel 2,236]

It is perfectly legal to get married while visiting someone with a visitor's visa. As has been said before, your fiancee's visa isn't affected by him being married instead of being single. I suggest, however, just to give you more time to wrap things up, to apply for an extension of the B2. I did that once, back in 1993, and got 3 months without problems. You have a good case in NOT wanting to apply for adjustment of status, but instead of moving abroad, so that should fly easily with the immigration people.