Malaysian to marry US citizen while on tourist Visa

[tenshiswife 1]

My boyfriend (American citizen) and i (Malaysian) got to know from each other through a dating website and since then we are very much in love with each other. After 18 months of talking to each other via phone calls, emails and messenger chats, we decided that i would make a trip to New York for holiday and to get to know each other more. I am on 6 months holiday now in USA and my tourist visa will expire on 15 March 2010. We do not have any intention to get married at first hence, we did not apply for K-1 Visa.

Recently he proposed to me and we decided to get marry in NY. We tried reading through USCIS's website for more information but Mr. headache is visiting us pretty frequent and we got pretty confuse.

I really need help from the members here.

1) Can we get marry in NYC while im on tourist visa?

2) If yes, what kind of documents do i need to provide the NY city hall for registration of marriage?

3) After marriage, we plan to apply for Adjustment of Status. Can we do this and while i continue stay in USA under tourist visa? Flying back to Malaysia and wait there is not an option as we do not want to be separate again from each other.

Please help and thank you in advance

Edited November 12, 2009 by tenshiswife

[Inky 1,111]

all this information was found online by a simple search....

http://www.cityclerk.nyc.gov/html/marriage....shtml#required

Introduction

All persons who intend to get married in New York State must obtain a Marriage License. This page explains the procedure for obtaining a Marriage License from the Office of the New York City Clerk.

Fee

The fee for a Marriage License is $35 by credit card or money order payable to the City Clerk.

Duration of the Marriage License

A New York State Marriage License is valid for 60 days (except for active military personnel, for whom the validity runs for 180 days). A Marriage License issued in New York can be used anywhere within New York State but may not be used outside New York State.

Application Procedure

Listed below are the general steps and rules of the application process.

You can submit an application online to the Office of the City Clerk via City Clerk Online. After submitting your application online, you must appear at the Office of the City Clerk to complete your application.

You and your prospective spouse must appear together in person to apply for a Marriage License.

Proxy marriage is not permitted in New York, so no other party may apply on behalf of the bride or groom.

You will receive the application from the information desk and you must complete the application in our office.

Your Marriage License will be processed while you wait.

You should carefully read your Marriage License to make sure there are no mistakes.

You will take the Marriage License with you when you leave our office.

You must wait a full 24 hours before your Marriage Ceremony can be performed unless you obtain a Judicial Waiver.

Required Information

Listed below is the information you will need to fill out the Marriage License Application:

The application is an affidavit where you and your prospective spouse must list your name; current address; city, state, ZIP code and country; country of birth; date of birth; name and country of birth of your father and mother; Social Security number; and marital history.

When you sign the affidavit, you are making a sworn statement that there are no legal impediments to the marriage.

If you were married before, you must list all prior marriages. You must include your previous spouse's full name; the date the divorce decree was granted; and the city, state, and country where the divorce was issued.

All divorces, annulments, and dissolutions must be finalized before you apply for a new Marriage License.

You may be asked to produce the final divorce decree.

If you are a widow or widower, you must provide your deceased spouse's full name and date of death.

Proper Identification

You and your prospective spouse must have proper identification in order to apply for a Marriage License.

Blood Test Not Required

A blood test is not required to obtain a Marriage License in the State of New York.

Name Change Options

We ask you to carefully consider whether to change your surname.

Learn more about Name Change Options

Learn more about Domestic Relations Law

Various surname options are listed on the back of the application.

You must state your choice of surname on the application. If you elect to make a surname change on your application, the surname change takes legal effect at the conclusion of the Marriage Ceremony.

The name change option does not apply to your first name or middle name.

If you wish to change your surname through this office after your Marriage Ceremony, you must remarry.

Although you may correct mistakes in your Certificate of Marriage Registration, a surname choice is not considered a mistake and cannot be changed through our Amendment process.

Duplicate Marriage License

If the Marriage License is lost, stolen, or mutilated, you must obtain a Duplicate Marriage License in order to get married.

The fee for a Duplicate Marriage License is $25 by credit card or money order payable to the City Clerk.

Either prospective spouse may apply for a Duplicate Marriage License by returning to the office that issued the original Marriage License and completing a Duplicate Marriage License affidavit.

Under the Age of Eighteen

If either you or your prospective spouse is under the age of 18 years, you are required to have written parental consent to obtain a Marriage License.

Please be prepared to show proof of your date of birth. You may show one of the following forms of identification to prove your age:

original or certified copy of birth certificate,

baptismal record,

passport,

driver license,

naturalization record, or

court records.

Both of your parents must be present to consent and have proper identification at the time of application for the Marriage License and at the Marriage Ceremony if the ceremony is performed in our offices.

If one parent is deceased, the surviving parent must appear and a death certificate for the deceased parent must be produced.

If both parents are deceased, the legal guardian must appear instead.

If either prospective bride or groom is under the age of sixteen years, in addition to parental consent, the written approval of a Judge of the Supreme Court or Family Court is needed.

A person under the age of fourteen years cannot be married.

Judicial Waiver

A 24 hour waiting period after you and your prospective spouse obtain your license is required by New York State Law.

In the event that you and your prospective spouse must marry before the 24 hour waiting period is over, you can request permission from a Judge to waive this requirement.

You can request a Judicial Waiver from the County Clerk in the county (borough) where you obtained your Marriage License. Learn more about County Clerks.

There is no fee to obtain a Judicial Waiver.

Give the Judicial Waiver to your Marriage Officiant to enable them to perform the ceremony within the 24 hour waiting period.

The Marriage Officiant must attach the Judicial Waiver when returning the Marriage License to our office.

We accept eight forms of identification for most of the services we provide. Expired identification is not accepted.

Driver License with photograph (from the United States of America or any of its territories)

Non-Driver Identification Card with photograph (from the United States of America or any of its territories)

Learner Permit with photograph (from the United States of America or any of its territories)

Active United States Military Identification Card

Passport

United States Certificate of Naturalization (good for 10 years after date of issue)

United States Alien Registration Card

United States Employment Authorization Card

If you do not possess any of the above forms of identification, you may contact the Legal Bureau of the Office of the City Clerk in person or by writing to:

Office of the City Clerk

Legal Bureau

141 Worth Street

New York, NY 10013

[Old Dominion 26]

After your marriage, but before your visa expires, you can apply for AOS. You will need to prove clearly and truthfully that you did not enter the U.S. with the intent of marrying. What WAS the purpose of your visit, as given when you applied for your visitor visa? This will be the problem you face, and also who will sponsor you financially.

Edited November 12, 2009 by Old Dominion

[trillium13 84]

1) Can we get marry in NYC while im on tourist visa?

Yes you can.

2) If yes, what kind of documents do i need to provide the NY city hall for registration of marriage?

See above post.

3) After marriage, we plan to apply for Adjustment of Status. Can we do this and while i continue stay in USA under tourist visa? Flying back to Malaysia and wait there is not an option as we do not want to be separate again from each other.

Yes you can, but you should know that this is not the "safest" way to go about adjusting status. You have the burden of proof on you to show that your marriage is legitimate, and that it was not your intent upon entry to get married and adjust status.

Please help and thank you in advance

Many people have posted on this same subject. It comes up here a lot. If you read through the boards you will find a lot of information. Good luck!

[rsn 135]

My boyfriend (American citizen) and i (Malaysian) got to know from each other through a dating website and since then we are very much in love with each other. After 18 months of talking to each other via phone calls, emails and messenger chats, we decided that i would make a trip to New York for holiday and to get to know each other more. I am on 6 months holiday now in USA and my tourist visa will expire on 15 March 2010. We do not have any intention to get married at first hence, we did not apply for K-1 Visa.

Recently he proposed to me and we decided to get marry in NY. We tried reading through USCIS's website for more information but Mr. headache is visiting us pretty frequent and we got pretty confuse.

I really need help from the members here.

1) Can we get marry in NYC while im on tourist visa?

2) If yes, what kind of documents do i need to provide the NY city hall for registration of marriage?

3) After marriage, we plan to apply for Adjustment of Status. Can we do this and while i continue stay in USA under tourist visa? Flying back to Malaysia and wait there is not an option as we do not want to be separate again from each other.

Please help and thank you in advance

1. Yes.
2. See the NYC city clerk's website. Inky posted most of it.
3. Going back to Malaysia IS an option, even if you say it isn't. Past experiences suggest that you can legally do this though as long as you did not misrepresent yourself on your tourist application or at the POE (i.e. as long as you did not: intend on getting married and adjusting status and not disclose this to the POE or on the visa app). There is a lot of conflicting information on this out there and I can only say with 100% certainty anymore that this is a shaky subject.

Edited November 12, 2009 by rsn

[tenshiswife 1]

After your marriage, but before your visa expires, you can apply for AOS. You will need to prove clearly and truthfully that you did not enter the U.S. with the intent of marrying. What WAS the purpose of your visit, as given when you applied for your visitor visa? This will be the problem you face, and also who will sponsor you financially.

When i apply for my visitor visa, i told them my purpose was holidaying and visiting friends ( which was true). We never have any intention to get married at first but after staying here 2 months, both of us decided to take our relationship 1 step further.

Who will sponsor me financially? ( My boyfriend will sponsor me financially.

[rsn 135]

1) Can we get marry in NYC while im on tourist visa?

Yes you can.

2) If yes, what kind of documents do i need to provide the NY city hall for registration of marriage?

See above post.

3) After marriage, we plan to apply for Adjustment of Status. Can we do this and while i continue stay in USA under tourist visa? Flying back to Malaysia and wait there is not an option as we do not want to be separate again from each other.

Yes you can, but you should know that this is not the "safest" way to go about adjusting status. You have the burden of proof on you to show that your marriage is legitimate, and that it was not your intent upon entry to get married and adjust status.

Please help and thank you in advance

Many people have posted on this same subject. It comes up here a lot. If you read through the boards you will find a lot of information. Good luck!

The only think I don't agree with 100% is where you mention that the immigrant must prove that is was not their intent to get married and adjust status. Case law such as the Matter of Ibrahim and the Matter of Cavazos say otherwise. I'm no lawyer, but if you read these two rulings you will see what I mean. Also, you can do a search for other subsequent rulings that cite these two.

[tenshiswife 1]

The only think I don't agree with 100% is where you mention that the immigrant must prove that is was not their intent to get married and adjust status. Case law such as the Matter of Ibrahim and the Matter of Cavazos say otherwise. I'm no lawyer, but if you read these two rulings you will see what I mean. Also, you can do a search for other subsequent rulings that cite these two.

where can i read that 2 case? Im so sorry. Im new here... hence... im kind of confuse

[rsn 135]

where can i read that 2 case? Im so sorry. Im new here... hence... im kind of confuse

Matter of Ibrahim

Matter of Cavazos

Also, these two cases are referenced in the USCIS Adjudicators Field Manual here, and here is a quote:

• Matter of Cavazos , 17 I. & N. Dec. 215 (BIA, 1980) . In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

• Matter of Ibrahim , 18 I. & N. Dec. 55 (BIA, 1981). The benefits of Matter of Cavazos , supra , are limited to immediate relatives, and an application for adjustment by a fifth preference immigrant with a preconceived intention to remain is properly denied in the exercise of discretion.

This is exactly what it says it is and nothing more. It does not suggest that one can lie on a visa app or at the POE in order to gain entry by willfully concealing the fact that they intended to adjust status.

Edited November 12, 2009 by rsn

[tenshiswife 1]

where can i read that 2 case? Im so sorry. Im new here... hence... im kind of confuse

Matter of Ibrahim

Matter of Cavazos

Also, these two cases are referenced in the USCIS Adjudicators Field Manual here, and here is a quote:

• Matter of Cavazos , 17 I. & N. Dec. 215 (BIA, 1980) . In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

• Matter of Ibrahim , 18 I. & N. Dec. 55 (BIA, 1981). The benefits of Matter of Cavazos , supra , are limited to immediate relatives, and an application for adjustment by a fifth preference immigrant with a preconceived intention to remain is properly denied in the exercise of discretion.

This is exactly what it says it is and nothing more. It does not suggest that one can lie on a visa app or at the POE in order to gain entry by willfully concealing the fact that they intended to adjust status.

Thank you for the information. We never have any intention to get married at all when i first applied for Tourist Visa. The decision was made after me holidaying here in NY 2 months later...

[trillium13 84]

1) Can we get marry in NYC while im on tourist visa?

Yes you can.

2) If yes, what kind of documents do i need to provide the NY city hall for registration of marriage?

See above post.

3) After marriage, we plan to apply for Adjustment of Status. Can we do this and while i continue stay in USA under tourist visa? Flying back to Malaysia and wait there is not an option as we do not want to be separate again from each other.

Yes you can, but you should know that this is not the "safest" way to go about adjusting status. You have the burden of proof on you to show that your marriage is legitimate, and that it was not your intent upon entry to get married and adjust status.

Please help and thank you in advance

Many people have posted on this same subject. It comes up here a lot. If you read through the boards you will find a lot of information. Good luck!

The only think I don't agree with 100% is where you mention that the immigrant must prove that is was not their intent to get married and adjust status. Case law such as the Matter of Ibrahim and the Matter of Cavazos say otherwise. I'm no lawyer, but if you read these two rulings you will see what I mean. Also, you can do a search for other subsequent rulings that cite these two.

I don't know that they ever would be asked to prove anything. My husband adjusted from VWP and we were never asked about anything. I just wanted to put it out there so the OP would know it's a possibility. I'm not sure I've ever read on here where anyone was ever asked for proof that they didn't intend to stay and adjust. I think proof of bona fide marriage weighs more heavily.

But it is something that is brought up here on VJ all the time, so it's something for the OP to know about and consider, IMO.

[Old Dominion 26]

After your marriage, but before your visa expires, you can apply for AOS. You will need to prove clearly and truthfully that you did not enter the U.S. with the intent of marrying. What WAS the purpose of your visit, as given when you applied for your visitor visa? This will be the problem you face, and also who will sponsor you financially.

When i apply for my visitor visa, i told them my purpose was holidaying and visiting friends ( which was true). We never have any intention to get married at first but after staying here 2 months, both of us decided to take our relationship 1 step further.

Who will sponsor me financially? ( My boyfriend will sponsor me financially.

Then it seems you are good to go!

[tenshiswife 1]

all this information was found online by a simple search....

http://www.cityclerk.nyc.gov/html/marriage....shtml#required

Introduction

All persons who intend to get married in New York State must obtain a Marriage License. This page explains the procedure for obtaining a Marriage License from the Office of the New York City Clerk.

Fee

The fee for a Marriage License is $35 by credit card or money order payable to the City Clerk.

Duration of the Marriage License

A New York State Marriage License is valid for 60 days (except for active military personnel, for whom the validity runs for 180 days). A Marriage License issued in New York can be used anywhere within New York State but may not be used outside New York State.

Application Procedure

Listed below are the general steps and rules of the application process.

You can submit an application online to the Office of the City Clerk via City Clerk Online. After submitting your application online, you must appear at the Office of the City Clerk to complete your application.

You and your prospective spouse must appear together in person to apply for a Marriage License.

Proxy marriage is not permitted in New York, so no other party may apply on behalf of the bride or groom.

You will receive the application from the information desk and you must complete the application in our office.

Your Marriage License will be processed while you wait.

You should carefully read your Marriage License to make sure there are no mistakes.

You will take the Marriage License with you when you leave our office.

You must wait a full 24 hours before your Marriage Ceremony can be performed unless you obtain a Judicial Waiver.

Required Information

Listed below is the information you will need to fill out the Marriage License Application:

The application is an affidavit where you and your prospective spouse must list your name; current address; city, state, ZIP code and country; country of birth; date of birth; name and country of birth of your father and mother; Social Security number; and marital history.

When you sign the affidavit, you are making a sworn statement that there are no legal impediments to the marriage.

If you were married before, you must list all prior marriages. You must include your previous spouse's full name; the date the divorce decree was granted; and the city, state, and country where the divorce was issued.

All divorces, annulments, and dissolutions must be finalized before you apply for a new Marriage License.

You may be asked to produce the final divorce decree.

If you are a widow or widower, you must provide your deceased spouse's full name and date of death.

Proper Identification

You and your prospective spouse must have proper identification in order to apply for a Marriage License.

Blood Test Not Required

A blood test is not required to obtain a Marriage License in the State of New York.

Name Change Options

We ask you to carefully consider whether to change your surname.

Learn more about Name Change Options

Learn more about Domestic Relations Law

Various surname options are listed on the back of the application.

You must state your choice of surname on the application. If you elect to make a surname change on your application, the surname change takes legal effect at the conclusion of the Marriage Ceremony.

The name change option does not apply to your first name or middle name.

If you wish to change your surname through this office after your Marriage Ceremony, you must remarry.

Although you may correct mistakes in your Certificate of Marriage Registration, a surname choice is not considered a mistake and cannot be changed through our Amendment process.

Duplicate Marriage License

If the Marriage License is lost, stolen, or mutilated, you must obtain a Duplicate Marriage License in order to get married.

The fee for a Duplicate Marriage License is $25 by credit card or money order payable to the City Clerk.

Either prospective spouse may apply for a Duplicate Marriage License by returning to the office that issued the original Marriage License and completing a Duplicate Marriage License affidavit.

Under the Age of Eighteen

If either you or your prospective spouse is under the age of 18 years, you are required to have written parental consent to obtain a Marriage License.

Please be prepared to show proof of your date of birth. You may show one of the following forms of identification to prove your age:

original or certified copy of birth certificate,

baptismal record,

passport,

driver license,

naturalization record, or

court records.

Both of your parents must be present to consent and have proper identification at the time of application for the Marriage License and at the Marriage Ceremony if the ceremony is performed in our offices.

If one parent is deceased, the surviving parent must appear and a death certificate for the deceased parent must be produced.

If both parents are deceased, the legal guardian must appear instead.

If either prospective bride or groom is under the age of sixteen years, in addition to parental consent, the written approval of a Judge of the Supreme Court or Family Court is needed.

A person under the age of fourteen years cannot be married.

Judicial Waiver

A 24 hour waiting period after you and your prospective spouse obtain your license is required by New York State Law.

In the event that you and your prospective spouse must marry before the 24 hour waiting period is over, you can request permission from a Judge to waive this requirement.

You can request a Judicial Waiver from the County Clerk in the county (borough) where you obtained your Marriage License. Learn more about County Clerks.

There is no fee to obtain a Judicial Waiver.

Give the Judicial Waiver to your Marriage Officiant to enable them to perform the ceremony within the 24 hour waiting period.

The Marriage Officiant must attach the Judicial Waiver when returning the Marriage License to our office.

We accept eight forms of identification for most of the services we provide. Expired identification is not accepted.

Driver License with photograph (from the United States of America or any of its territories)

Non-Driver Identification Card with photograph (from the United States of America or any of its territories)

Learner Permit with photograph (from the United States of America or any of its territories)

Active United States Military Identification Card

Passport

United States Certificate of Naturalization (good for 10 years after date of issue)

United States Alien Registration Card

United States Employment Authorization Card

If you do not possess any of the above forms of identification, you may contact the Legal Bureau of the Office of the City Clerk in person or by writing to:

Office of the City Clerk

Legal Bureau

141 Worth Street

New York, NY 10013

Those documents only applicable to USC or does it apply to foreigner as well?

[justashooter 430]

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

a link to the guide for adjusting that is applicable in your case.

carefully consider the matter, as you may be denied, and such denial is very difficult and expensive to overcome. there will be an interview involved in adjustment for you, and you must pass it or leave forthwith.

be prepared to document that you had commitments to your home country during your "holiday", such as an existing apartment lease or job or bank account or business entanglement. 6 months is a long holiday, so you may have "burned your bridges" before leaving for USA. if so, your adjustment attempt from tourist visa may be seen as an effort to circumvent immigration law by an adjudicator.

lots of people have successfully converted from tourist visa, but more than a few have been denied. see the link below for an example:

http://www.visajourney.com/forums/index.php?showtopic=225148

in this case the problem was documented income, but the result is typical. others have been denied for a plethora of reasons, including intent to defraud USCIS thru unlawful immigration (visitor to adjust, rather than K1, K3, or CRI to adjust).

Edited November 14, 2009 by justashooter

[justashooter 430]

http://www.visajourney.com/forums/index.php?showtopic=227561

another related link.