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

[SunDrop 59]

I always take the approach, when we're asked this question, that a complete picture is only fair and that we, as non-lawyers, address only what we know as fact.

Fact is, if you enter the US on a VWP knowing that you are going to get married and file your AOS, you intended to go this route to circumvent the frustrating wait times in order to become an LPR.

Fact is, if it is decided that you somehow materially misrepresented yourself at any time, you are exposing yourself to risk of a lifetime ban.

It only takes one IO to decide that you have misrepresented yourself and you're in for a world of bureaucratic pain. What is acceptable today, might not be tomorrow. Look at what happened with Dr. Arnold I-693 submitters and their RFEs.

Many would argue that if they have even considered going about immigration using this method, they have voided it as an option. I'm not one to agree with this, since my fiance and I discussed the different ways couples can lawfully bring an alien fiance/ spouse to the US when we were talking about how 'doable' our relationship is. When I entered the US at Christmas, we had absolutely no plans to get married, and were it not for the impracticalities of trying to AOS with a dependent child, we probably would have gotten married and taken the AOS from VWP route. There was also the fact that I had cited in my divorce papers the possibility of emigrating to the US, depending on the continuation of the relationship with my current partner. We decided it just wasn't worth risking anything biting us in the #######.

Each couple has to weigh up the pros and cons depending on their individual circumstances. But not advising them of the flip side is just negligent; nothing mean-spirited about it.

[Rebecca Jo 1,962]

I always take the approach, when we're asked this question, that a complete picture is only fair and that we, as non-lawyers, address only what we know as fact.

Fact is, if you enter the US on a VWP knowing that you are going to get married and file your AOS, you intended to go this route to circumvent the frustrating wait times in order to become an LPR.

Fact is, if it is decided that you somehow materially misrepresented yourself at any time, you are exposing yourself to risk of a lifetime ban.

It only takes one IO to decide that you have misrepresented yourself and you're in for a world of bureaucratic pain. What is acceptable today, might not be tomorrow. Look at what happened with Dr. Arnold I-693 submitters and their RFEs.

Many would argue that if they have even considered going about immigration using this method, they have voided it as an option. I'm not one to agree with this, since my fiance and I discussed the different ways couples can lawfully bring an alien fiance/ spouse to the US when we were talking about how 'doable' our relationship is. When I entered the US at Christmas, we had absolutely no plans to get married, and were it not for the impracticalities of trying to AOS with a dependent child, we probably would have gotten married and taken the AOS from VWP route. There was also the fact that I had cited in my divorce papers the possibility of emigrating to the US, depending on the continuation of the relationship with my current partner. We decided it just wasn't worth risking anything biting us in the #######.

Each couple has to weigh up the pros and cons depending on their individual circumstances. But not advising them of the flip side is just negligent; nothing mean-spirited about it.

That 'misrepresentation' business follows an alien at all times through any immigration process, right up unto and potentially even after naturalization.

It is annoying to see people formulate a plot. I've a particular aversion to persons who use this message board and others in order to learn how to do so.

The brutal truth though is that at adjustment, the AO will be more concerned about the legitimacy of the partners and their relationship than how they pulled off a fraud. This isn't meant as my saying couples should do so. The law is fluid and that fraud could manifest itself in ways none of us can yet contemplate.

If anyone wants to contemplate why abusing the system in this matter is contemptible, I would offer up that continued abuse of the VWP and tourist visas as a way to short-circuit immigration could one day 'spoil' it for everyone else. At the present, any alien possessed of a tourist visa or the ability to use the VWP can enter US shores, marry a US Citizen, and adjust via that marriage. There may come a day when the INA is re-written to disallow this practice, as other countries (such as Great Britain) have already done. At this point, an alien can enter and marry and go back home. There could come a day when marriage between a US citizen and a foreign national would not be allowed AT ALL without some sort of visa.

So it is rather like 'over-using' the services of Dr. Arnold. Or when USCIS took an option off their phone prompts to speak to a live human if you had an RFE.

*edited for clarity*

Edited March 7, 2010 by JohnnyQuest

[msd 3]

File a K1 Visa, wait for 6 months till she has it in her hand and all is going to be well.

[SunDrop 59]

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

*smiles* Warned ya it was an passionate subject

I wouldn't say that you were given bad advice, but rather only half the story. It's easy for someone to say, "hey do this, 1000s do and get away with it" when the consequences of being that .0001% who are stung by it wouldn't have any impact on the advisor's life.

Take your time reading the guides - they're really good. Then read your regional forum. Norway is not known for being a difficult consulate, so read any threads about denial, evidence of relationships, age differences, etc. with a pinch of salt (i.e. don't immediately panic!)

When reading advice given about your petition specifically, pay a little attention to where the respondent's experience lies geographically. For example, someone who is petitioning/ applying via Vietnam might tell you that you need to submit a timeline of your relationship at interview. This isn't the case for all embassies. Or another example, someone petitioning/ applying via Philippines would tell you that a co-sponsor must be an immediate relative. Again, this is not the case with all embassies.

It looks daunting but in actuality, it's just a lot of paperwork and emotional stress. The good thing about going down the K1 route is that you don't need to wait for your fiancee to be in the US to file. If you wanted to, she could download the G-325a and complete it (do 2 copies of the same document, both originally signed) send you a 2x2" passport photo (different size than most of Europe) and her 'letter of intent' for which there is a template/ example accessible via the guides. She should also photocopy any pages of her passport that have US entry stamps, which is presumably how you met in person? She mails all that to you, while you're completing the petition your end. And again, follow the guides and the example documents and it becomes a much easier process than at first glance.

Good luck, and if you've searched the forums, read the guides and still don't quite get something or have an unusual circumstance that hasn't been addressed, post a question. We're all usually pretty friendly

[Boiler 44,874]

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

Listen to your Lawyer.

You will get all sort of half arsed views here, and guess what, none of them are from Lawyers.

I am not a Lawyer either.

[DanielParul 50]

The OP got the best advise in the first few posts. All the best on your journey, whichever way you decide to go. Do your homework, weigh the pros and cons. Immigration laws and the intent is there for a reason. You seem to understand that, you will do fine.

[jundp 191]

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

Good luck!

If you decide you don't want to be separated after marriage, then the K1 is the best route. It's a wait, of course, but many people would prefer to get married and stay together, rather than get married and be separated until the visa comes.

The guides at the top of the page are an excellent source of information, but it is easy at the beginning to get confused. So much info and your head is reeling, because you really just want to find the best way to be with the person you love!

You've gotten some great advice on here, and some people have jumped in with anger. I think you made it quite clear in your first post that you were seeking a second opinion from people who have been through the process, not that you were stating "Hey guys I want to circumvent US immigration laws!!!!111" Don't worry about the angry people

[pushbrk 12,569]

Good luck!

If you decide you don't want to be separated after marriage, then the K1 is the best route. It's a wait, of course, but many people would prefer to get married and stay together, rather than get married and be separated until the visa comes.

The guides at the top of the page are an excellent source of information, but it is easy at the beginning to get confused. So much info and your head is reeling, because you really just want to find the best way to be with the person you love!

You've gotten some great advice on here, and some people have jumped in with anger. I think you made it quite clear in your first post that you were seeking a second opinion from people who have been through the process, not that you were stating "Hey guys I want to circumvent US immigration laws!!!!111" Don't worry about the angry people

All valid points. Others, like my wife and I, preferred not to go through such a stressful process without the benefit and commitment of marriage. Another consideration is the needs of families. It was better for us to marry where my wife's family could attend. Each couple needs to determine their own priorities. With a K1 visa the marriage MUST take place in the USA.

[jundp 191]

All valid points. Others, like my wife and I, preferred not to go through such a stressful process without the benefit and commitment of marriage. Another consideration is the needs of families. It was better for us to marry where my wife's family could attend. Each couple needs to determine their own priorities. With a K1 visa the marriage MUST take place in the USA.

Very true. And definitely something for the OP to consider.

And I was lucky that my husband and I were able to visit each other often during the process with little hassle because of VWP, great vacation policies, and the ability for his family to attend the wedding. However, we did pause for a time because of the USA requirement for the wedding.

[trailmix 77]

Listen to your Lawyer.

You will get all sort of half arsed views here, and guess what, none of them are from Lawyers.

I am not a Lawyer either.

Neither am I - and I actually don't like that I am having this conversation with you and Bob again, so I won't, I will just quote from the Canadian consulate website (I bet their lawyer looked this over):

Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S. link

And the CBP: link

The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant.

Note that neither of them say - unless you are going to marry a U.S. citizen. If anyone can show me a U.S. government page, that states it is ok to enter the U.S. with immigrant intent - I won't post this stuff anymore.

scjones - please don't think that anyone here is implying that you are trying to break any laws, people on this site have differing views on some of the points - that's all, no reflection on you.

[minatours 0]

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.

you have 2 ways to do .this first one after marriage you may go ahead and file I-130 or after marriage you may go ahead and applying for status adjustment good luck

[Christi and Ian 24]

Ditto to what Trailmix said...

What confounds me is why in the world your immigration lawyer would suggest that one way to go about it is to break U.S. Immigration law.

[scjones 0]

Ok well I'm very pressed for time at the moment and I'm going to see her t the end of this month. Can I send this application from Norway? It would be much easier on me timewise if we could send it from there and get it done together, especially since I need to get information and signatures from her anyway. Thanks again for the help guys.

[SunDrop 59]

Ok well I'm very pressed for time at the moment and I'm going to see her t the end of this month. Can I send this application from Norway? It would be much easier on me timewise if we could send it from there and get it done together, especially since I need to get information and signatures from her anyway. Thanks again for the help guys.

You can send it from anywhere you like, since you've got a permanent US address that you're listing. I would use a courier however, since international tracking is not great and you'll probably want the reassurance that it's arrived in a timely fashion. The address for couriers is different from USPS, but it's listed in the guides.

Don't forget to take a US sized passport photo with you, since they're 2x2" and most European p.port photos are narrower. You'll both need them this size for the G-325a, so have her ask around to find somewhere that does them for her photos in Norway.

And just for the sake of being pedantic, it's not an application that you're sending, you're filing a petition The application is done after your petition is approved.

Have a fun trip!