What if I get married in another country and....

[home4paradise 0]

I'm going to be getting married but I have heard two stories from various attourneys and I'm hoping I can have a clear answer here. Afterall, I have one shot and we truely love eachother, so I plan to do this right.

Is it wrong to marry in asia, in her country?, she already has a visa, speaks clear english, no problems, active visa.

Is it faster, once we arrive in america, considering will have our legal documents stating were married? Or, is is this wrong? Faster, meaning, processing her legal stay in USA, filing for green card.

Or, is it better to have the ceremony in her country and than marry when we arrive in USA?

So confused, I just need a clear answer-any help with this topic would be greatly appreciated.

[katie & sifa 25]

What kind of visa does she have? If it's a K-1 you HAVE to get married in the US, not in her home country - that is one of the requirements of the visa. You could have a ceremony there (not a legal marriage) and get legally married here if that's what you wanted to do. But the legal marriage must take place in the US.

Edited February 22, 2010 by katie & sifa

[home4paradise 0]

What kind of visa does she have? If it's a K-1 you HAVE to get married in the US, not in her home country - that is one of the requirements of the visa. You could have a ceremony there (not a legal marriage) and get legally married here if that's what you wanted to do. But the legal marriage must take place in the US.

she has a tourist visa-

[katie & sifa 25]

she has a tourist visa-

In that case, if she comes into the US on a tourist (non-immigrant) visa with the intent to immigrate (ie, you two getting married & filing for adjustment of status - the green card) then that is visa fraud. You could get married here or there, but she would need to go home & you would proceed with the CR-1.

[home4paradise 0]

In that case, if she comes into the US on a tourist (non-immigrant) visa with the intent to immigrate (ie, you two getting married & filing for adjustment of status - the green card) then that is visa fraud. You could get married here or there, but she would need to go home & you would proceed with the CR-1.

ok...makes sense....so if we have the ceremony there, come here and get married two months later-she could get deported? the lawyer I was speaking with said to do it this way....other lawyers had said get married in her country...and than come here and apply....it frustrating to get an answer from these lawyers..your suggestions?

[katie & sifa 25]

ok...makes sense....so if we have the ceremony there, come here and get married two months later-she could get deported? the lawyer I was speaking with said to do it this way....other lawyers had said get married in her country...and than come here and apply....it frustrating to get an answer from these lawyers..your suggestions?

You can get married wherever you like - she has a tourist visa for the US, so she could come here & you could get married here (others can correct me if I'm wrong there, but I think as long as you are honest with border patrol & tell them that she intends to return to her home country, you can marry on a tourist visa.) HOWEVER she then would need to go back to her home country & you would start the application process for a CR-1 visa. Alternatively you could go to her home country, marry her, you return to the US & start the application process for a CR-1. Third option is to apply for a K-1 now, and if that is approved bring her to the US to get married here & adjust status legally.

The issue is that if she comes in on a tourist visa (whether you are already married to her or not) that is a NON-IMMIGRANT visa, meaning she is not supposed to adjust status to permanent resident after entering using it. The legal way to go about this is to get married where you like, then file for the CR-1, or to file for the K-1 & then marry in the US. Not to come into the US without a visa that is meant to be used for intending immigrants & then adjusting status afterward.

[home4paradise 0]

You can get married wherever you like - she has a tourist visa for the US, so she could come here & you could get married here (others can correct me if I'm wrong there, but I think as long as you are honest with border patrol & tell them that she intends to return to her home country, you can marry on a tourist visa.) HOWEVER she then would need to go back to her home country & you would start the application process for a CR-1 visa. Alternatively you could go to her home country, marry her, you return to the US & start the application process for a CR-1. Third option is to apply for a K-1 now, and if that is approved bring her to the US to get married here & adjust status legally.

The issue is that if she comes in on a tourist visa (whether you are already married to her or not) that is a NON-IMMIGRANT visa, meaning she is not supposed to adjust status to permanent resident after entering using it. The legal way to go about this is to get married where you like, then file for the CR-1, or to file for the K-1 & then marry in the US. Not to come into the US without a visa that is meant to be used for intending immigrants & then adjusting status afterward.

thank you!!!!!!!! I'll keep you posted......

[JimVaPhuong 4,863]

she has a tourist visa-

Here's the thing - US immigration law allows someone who is in the United States and who is married to a US citizen to apply for a green card without leaving the US. In order to qualify, the alien applicant must either have entered the US with the appropriate type of immigrant visa, or they may have entered with a non-immigrant visa provided they did not INTEND to immigrate when they entered. Entering the US with a non-immigrant visa (or other type of non-immigrant legal entry) with the intention of immigrating is visa fraud. The consequences if you are caught are a lifetime ban from the US.

The reason one lawyer suggested you wait two months is because marriage to a US citizen less than 60 days after entry is believed by many attorneys to trigger an automatic denial by USCIS. However, marriage AFTER 60 days can also result in a denial. It depends on what USCIS believes her intent was when she entered.

The CBP looks for signs that an alien entering with a non-immigrant visa might attempt to immigrate while in the US. Being either engaged or married to a US citizen is a pretty good sign that the alien might intend to immigrate, and would be enough reason for the CBP to deny entry and cancel the tourist visa. If she tries to enter with her tourist visa she should be prepared to show very strong ties that would compel her to return to her home country before her time in the US is expired, and convince the CBP that she does not intend to stay and try to get a green card.

From your first post, it sounds like you're intending to apply for a green card once she enters the US with her tourist visa. This would clearly be visa fraud, since she would intend to immigrate when she entered the US. Everyone here will strongly recommend against doing this as the consequences of failure are severe. Get married wherever you like, and then have her return to her home country while you petition for a CR1 visa. Do it the correct and legal way, and there's very little risk of either of you getting into any trouble.

[VanessaTony 3,567]

** moving from "K-1 Fiance(e) Visa Process & Procedures" to "Bringing Family Members of US Citizens to America" as you haven't decided which immigration path you wish to take yet**

[home4paradise 0]

Here's the thing - US immigration law allows someone who is in the United States and who is married to a US citizen to apply for a green card without leaving the US. In order to qualify, the alien applicant must either have entered the US with the appropriate type of immigrant visa, or they may have entered with a non-immigrant visa provided they did not INTEND to immigrate when they entered. Entering the US with a non-immigrant visa (or other type of non-immigrant legal entry) with the intention of immigrating is visa fraud. The consequences if you are caught are a lifetime ban from the US.

The reason one lawyer suggested you wait two months is because marriage to a US citizen less than 60 days after entry is believed by many attorneys to trigger an automatic denial by USCIS. However, marriage AFTER 60 days can also result in a denial. It depends on what USCIS believes her intent was when she entered.

The CBP looks for signs that an alien entering with a non-immigrant visa might attempt to immigrate while in the US. Being either engaged or married to a US citizen is a pretty good sign that the alien might intend to immigrate, and would be enough reason for the CBP to deny entry and cancel the tourist visa. If she tries to enter with her tourist visa she should be prepared to show very strong ties that would compel her to return to her home country before her time in the US is expired, and convince the CBP that she does not intend to stay and try to get a green card.

From your first post, it sounds like you're intending to apply for a green card once she enters the US with her tourist visa. This would clearly be visa fraud, since she would intend to immigrate when she entered the US. Everyone here will strongly recommend against doing this as the consequences of failure are severe. Get married wherever you like, and then have her return to her home country while you petition for a CR1 visa. Do it the correct and legal way, and there's very little risk of either of you getting into any trouble.

thank you....Im speechless.....this means alot to me..

[M.O 6]

Here's the thing - US immigration law allows someone who is in the United States and who is married to a US citizen to apply for a green card without leaving the US. In order to qualify, the alien applicant must either have entered the US with the appropriate type of immigrant visa, or they may have entered with a non-immigrant visa provided they did not INTEND to immigrate when they entered. Entering the US with a non-immigrant visa (or other type of non-immigrant legal entry) with the intention of immigrating is visa fraud. The consequences if you are caught are a lifetime ban from the US.

The reason one lawyer suggested you wait two months is because marriage to a US citizen less than 60 days after entry is believed by many attorneys to trigger an automatic denial by USCIS. However, marriage AFTER 60 days can also result in a denial. It depends on what USCIS believes her intent was when she entered.

The CBP looks for signs that an alien entering with a non-immigrant visa might attempt to immigrate while in the US. Being either engaged or married to a US citizen is a pretty good sign that the alien might intend to immigrate, and would be enough reason for the CBP to deny entry and cancel the tourist visa. If she tries to enter with her tourist visa she should be prepared to show very strong ties that would compel her to return to her home country before her time in the US is expired, and convince the CBP that she does not intend to stay and try to get a green card.

From your first post, it sounds like you're intending to apply for a green card once she enters the US with her tourist visa. This would clearly be visa fraud, since she would intend to immigrate when she entered the US. Everyone here will strongly recommend against doing this as the consequences of failure are severe. Get married wherever you like, and then have her return to her home country while you petition for a CR1 visa. Do it the correct and legal way, and there's very little risk of either of you getting into any trouble.