Can a foreign fiancee go to USA on tourist visa and register a marriage

[None-saurus 0]

Hi, I'm asking this on behalf of a friend's daughter. She has been visiting USA regularly (they have a lot of relatives living there) and holds tourist visa valid for 5 years. Some time back she met a boy in USA while living there and they started a relationship. She returned to Sri Lanka and went back again last June to stay a couple of months - this time with the boy's family (parents). They got engaged while they were in USA. She has returned to Sri Lanka again at present.

They want to find out if it's possible and legal for her to go on her existing tourist visa, get married there and then apply for CR1. Or should he file for K1, get here over there on that, and then get married? Which is the quicker way? Any ideas?

Thanks guys!

PS: my CR1 visa interview is scheduled for October 27th!

[DeniseBill 4]

I'm pretty sure it's not allowed to change your status without permission. It would be an illegal act. At least that's what i've read a few times. (You can also find this information on her visa she has now.) A tourist visa for 5 years? Are you sure its a tourist visa?

He could go to Sri Lanka and marry her there then file for her. Or get engaged and file for k-1. I think k-1 is the fastest way but others might have a different opinion.

[Otto 83]

So is the question "Come to the US, get married, return to Sri Lanka and then follow the CR-1 Visa path?" (Important part is return to Sri Lanka.)

If so, then yes - perfectly legal.

Historically, the K-1 visa is a bit faster than the K-3/CR-1 - faster in getting to the US that is. The down side to a K-1 is having to adjust status (to Permanent Resident) once in the US (and after married) which can add time and certainly money.

[Krikit 1,165]

Yes, it's perfectly legal for her to marry and then return to her home country while awaiting processing of the visa. She'll have to convince the CBP Officer that she's not intending to circumvent the immigration process, though.

[sara..... 371]

he can marry here on her visit with out it being visa fraud as long as she goes back home, there is no law against marraige.

if she comes to the states with the intention of getting married and STAYING with out going back home then it becomes visa fraud.........

sara

[DeniseBill 4]

hmm wonder what I've read wrong XD

[Deputy Purple 1,294]

I think what you are asking is:

Can she enter the US on the Tourist Visa, marry him & apply for CR1 without leaving the US.

There are 2 answers:

Yes, she can do this and in fact some immigration lawyers even recommend it. The problem with this is that it is Fraud if you enter the US on a Tourist Visa with the intention of Immigrating.

And the real answer is...

NO, entering the US on a Non-immigrant Visa with the intention of Immigrating is Visa Fraud and could get you banned from entering the US!

[None-saurus 0]

Thanks guys for all the answers. To clarify her intentions... no, she does not want to avoid the legal immigration process or even stay on in the USA on her tourist visa. The only reason they want to get married in the USA is because the boy wants them to get married with a church ceremony (she's not Christian so she can't arrange a church wedding for them in Sri Lanka). I know you can have a legal marriage and then have a separate church ceremony later (which is what I opted for) but I think this boy is Catholic and for them it has to be a church wedding at the get go or it's not accepted by the church.

Considering it's a matter of either K-1 or CR-1 at the end of the day, I suppose it'll be better for them to apply for K-1 hmm? (I am down CR-1 route myself and just celebrated our first year wedding anniversary last month still being in two countries! )

Alternately, if they also go the CR-1 path, is it possible for her to visit him periodically on her visitor visa while the CR-1 is being processed? Or does the CR-1 process nullify her tourist visa?

[Gary and Alla 3,694]

Hi, I'm asking this on behalf of a friend's daughter. She has been visiting USA regularly (they have a lot of relatives living there) and holds tourist visa valid for 5 years. Some time back she met a boy in USA while living there and they started a relationship. She returned to Sri Lanka and went back again last June to stay a couple of months - this time with the boy's family (parents). They got engaged while they were in USA. She has returned to Sri Lanka again at present.

They want to find out if it's possible and legal for her to go on her existing tourist visa, get married there and then apply for CR1. Or should he file for K1, get here over there on that, and then get married? Which is the quicker way? Any ideas?

Thanks guys!

PS: my CR1 visa interview is scheduled for October 27th!

Yes she can enter on a tourist visa, get married an apply for a CR-1. Yes she can apply for a K-1 visa, enter the US and get married. Which is faster? Faster for what? get married. CR-1. She can get married today. Live permanently in the United States? K-1, but not by a great deal.

If she is able to visit during the process, I would suggest whichever she prefers. CR-1 will allow her to work immediately on arrival. K-1 does not. If that is a factor. Also with a K-1 she will not be able to travel out os the US until she has adjusted status...2-6 months after filing, AFTER being married.