Marrying your girlfriend while she is in the States on Tourist Visa

[Brother Hesekiel 2,235]

Not really sure what's there to discuss. Filing for AOS after getting married is the one and only way to go that makes sense in this particular situation. Nothing illegal about, nothing not kosher (why do we have to bring the Jewish way of killing into this?), nothing risky. An everyday way of filing for AOS, in fact/

[UKGirl123 24]

Posts like this make me angry when my fiance and are are spending so much time and money to do it the RIGHT way. I would LOVED to have just gone over on VWP and get married however I don't want any risk to our future so we are doing it the K-1 route.

It's the people who do this who make it harder for others to do it the legitimate way and to even have a lawyer advise you to do it this way makes my skin crawl.

I know you are only looking for advice but take heed from what people are saying in this topic as if you do it this way now then you would be commiting fraud. It also has been known for immigration officials to check forums so be warned.

DO IT THE RIGHT WAY NOT THE WRONG WAY after all this is your future we are talking about.

[krautlaus 7]

I agree with most of the answers around here. (AngelBlu, I absolutely agree with you btw.)

You might not want to commit some sort of fraud but you are obviously stating that you would like to marry your gf on her next trip to the US. That is an intention. As soon as you intentionally marry someone on the VWP, that's illegal and your gf might get banned! They might even stop her at the border and send her back home right then and there. Now that would suck.

Better safe than sorry.

[pwac 0]

I cannot see what the problem is.

I married my wife in USA whilst I was over on a VWP in July of last year. I came back to England a few days later after we had got the ball rolling with I-130 for CR-1 application. Before getting married we took advice from Immigration. It was not a problem and a recognised way of going about things. It was easier for me to collect relevant data to send to them from here. I was able to continue with my career and visited my wife twice since with no problems entering for two weeks at a time.

I had my interview Friday 5th March and have been approved.

[pushbrk 12,569]

I cannot see what the problem is.

I married my wife in USA whilst I was over on a VWP in July of last year. I came back to England a few days later after we had got the ball rolling with I-130 for CR-1 application. Before getting married we took advice from Immigration. It was not a problem and a recognised way of going about things. It was easier for me to collect relevant data to send to them from here. I was able to continue with my career and visited my wife twice since with no problems entering for two weeks at a time.

I had my interview Friday 5th March and have been approved.

Marrying on the VWP or visitor visa is not illegal. The problem comes when you intend to marry AND STAY. You went home, so no issue whatsoever.

[sachinky 464]

Marrying while on B2/VWP is not illegal. However, entering with the prior intent of marrying and staying via adjustment of status is visa fraud as you're attempting to circumvent proper immigration laws in place.

[Brother Hesekiel 2,235]

Hi,

I'm not 100% sure that this is the proper forum for this question but I'm new and thought it applied. I am dating a girl from Norway and I talked to an immigration lawyer about marrying her. He told me that one option was that if she was here on a tourist visa and we decided to get married while she was here, that would be ok. So he said we could get married while she was here and then immediately apply for permanent residency but she couldn't go home until residency was granted. This seems almost too easy to me and was wondering if this was a reasonable way to go about things. It seems way less complicated than other options but was just looking for some advice. Thanks a lot, this looks like a really useful site.

Some of you people make me quite angry, sometimes!

The O.P. and his girlfriend have decided NOTHING yet. They are exploring their options which is one of the reasons why they consulted an experienced immigration attorney who gave them the correct advice.

If she comes over next time, or ANY time thereafter and at one of these visits he SURPRISES her and proposes and they get married, it is PERFECTLY legal, fine and practical to do AOS right away. For that very reason the immigration law specifically is set up for this.

What a crazy idea to demand for her to go back to Norway as a newlywed and leave her husband alone, just because some of you feel she must wait long months as you CR-1 people had to wait long months as well.

I had to wait, you should wait as well. That's just mean spirited, plain and simple.

There are different ways to get to Rome, and one may be better suited for couple A whereas the other one may be better suited for couple B. Both are right ways, none of them is a wrong way.

Edited March 7, 2010 by Just Bob

[pushbrk 12,569]

Some of you people make me quite angry, sometimes!

The O.P. and his girlfriend have decided NOTHING yet. They are exploring their options which is one of the reasons why they consulted an experienced immigration attorney who gave them the correct advice.

If she comes over next time, or ANY time thereafter and at one of these visits he SURPRISES her and proposes and they get married, it is PERFECTLY legal, fine and practical to do AOS right away. For that very reason the immigration law specifically is set up for this.

What a crazy idea to demand for her to go back to Norway as a newlywed and leave her husband alone, just because some of you feel she must wait long months as you CR-1 people had to wait long months as well.

I had to wait, you should wait as well. That's just mean spirited, plain and simple.

There are different ways to get to Rome, and one may be better suited for couple A whereas the other one may be better suited for couple B. Both are right ways, none of them is a wrong way.

The key is intent at entry. If the decision to marry and stay is made after entry, all the above is true. If before, not so much. As I said in my first response, when it works it works and when it doesn't, the consequences can be severe. Circumstances rule. If they are consulting an attorney, they should follow the advice carefully.

[belinda63 3,022]

Sorry Bob I disagree with you on this one. If she comes to the US with the intent to marry and stay here it is the wrong way.

[scjones 0]

Well just to be clear once again, I am in no way intending to commit any sort of fraud and have already been looking at the guides to apply for the K-1 visa. Obviously I got some bad advice and I had no idea of the severity of taking this option. I didn't even know that it wasn't legal to take this route, because in my case I would be intending to marry her when she comes. Obviously this is a heated topic but I just don't want people to think that I'm here to do the wrong thing. There is no way I would jeopardize what I have with the most wonderful person I've ever met. How long did it take you guys just to gather all the information you need and get the application sent in? It looks quite daunting to say the least. Thanks again and I really just want to clarify that I'm not at all looking to do anything wrong, just trying to get some advice. Thanks

[John and Camie 39]

The key is intent at entry.

Absolutely. If someone comes here and decides on a spur-of-the-moment to marry, then I have no problem with that. Adjust your status, and the best of luck to you. But I have nothing but contempt for those who come here intending to circumvent the process. I have no hard feelings toward the O.P. (as he's asking a question and has not yet done anything wrong), but as someone who's invested financially and emotionally into doing things the right way, I hope he goes the proper route.

[UKGirl123 24]

Good for you!

It didnt take long for us to get the initial app stuff ready at all. Good thing is VJ has loads of info. Have a look under guides and good luck.

[John and Camie 39]

Thanks again and I really just want to clarify that I'm not at all looking to do anything wrong, just trying to get some advice. Thanks

I truly wish you the best of luck with your decision, and hope you'll come join us here on VJ as a filer. People here are pretty great - you'll get some good advice and support. Congrats on your impending engagement.

[Rebecca Jo 1,962]

Absolutely. If someone comes here and decides on a spur-of-the-moment to marry, then I have no problem with that. Adjust your status, and the best of luck to you. But I have nothing but contempt for those who come here intending to circumvent the process. I have no hard feelings toward the O.P. (as he's asking a question and has not yet done anything wrong), but as someone who's invested financially and emotionally into doing things the right way, I hope he goes the proper route.

Why would you have contempt? Bit of a strong emotion for something that doesn't impact your life at all, correct?

VWP and visitor visa adjusters aren't the people who make the "legal route" more difficult and time consuming. It's persons abroad tricking US citizens into belief a falsehood of a relationship, and USC/alien couples who concoct false relationships to benefit the alien, that have caused the process to be more convoluted.

As far as a family based adjustment goes, USCIS is more interested in the legitimacy of the couple than they are how the alien got into country.

[sachinky 464]

I had to wait, you should wait as well. That's just mean spirited, plain and simple.

Actually, no, that's just the law. It's fine if there was no intent but in this case, they (or at least he is) are thinking about it and he's been made aware of what his actions might entail. If they decide to go through with it, then that's their problem.

Is it done? Yes, of course. Is it legal? Not quite and you know it as well, Bob. You can marry but you can't stay/adjust your status if you had prior intent. And sounds like they have it. If it was that okay to do it, why would anyone from the WVP countries go through the K-1/CR-1 etc? They'd have to be completely out of their minds.

OP, I wish you all the best to you and your intending.