Getting married while in the US on a tourist visa

[topshopgirl 0]

Hi everyone,

I successfully navigated my own immigration from the UK on a fiancee visa a few years ago (thanks to this forum for lots of help!). Now my sister in law wants to marry her french boyfriend, and I can't remember any of the rules.

He is here on a tourist visa, and they're planning a quick wedding. Then he'll stay here and is planning to apply for permission to work. My questions are:

Why don't more people do it this way? This is surely more straightforward than applying for a fiancee visa or a spousal visa, so there must be a reason most of us fill in all that crazy paperwork!

How long does the EAD take these days?

Any other advice?

Thanks so much in advance!

- Helen

[payxibka 10,045]

certainly not a Fiance(e) visa question... moving to General discussion forum

Edited March 14, 2010 by payxibka

[Sc0tt28 26]

Why don't more people do it this way?

Because its illegal.

[Otto 83]

He is here on a tourist visa, and they're planning a quick wedding. Then he'll stay here and is planning to apply for permission to work. My questions are:

Why don't more people do it this way?

Because this may be a short-thinking way of circumventing US Immigration Law(s). By entering on a visa or VWP, a person is agreeing to (or implying) their intent NOT to remain past the authorized date. If it were that easy, everyone would be doing it - that should be a big clue.

Since apparently they are already both in the US - they may follow this Guide but should definitely check out the Be Warned section and do some other research to be clear about what it is they are attempting.

[Dakine 26]

Very few people are busted for having showed intent to marry while entering the US and marry and adjust status.

[AaronLV 12]

Very few people are busted for having showed intent to marry while entering the US and marry and adjust status.

Can I ask how you can make a statement like that? Do you have statistics that support that not many people get busted entering on VWP with intent to marry?

Maybe many people on this site have successfully done this, however this site is a small percentage of the cases that go through USCIS, and you have no idea how many people actually get caught. One slip up during the interview or in the paperwork, and it would all be over. Please don't encourage people to circumvent the process cause in your opinion very few people get busted.

[Magic424 1]

I didn't do it this way because of the visa fraud issue. Me and my girl decided to be apart for a few months instead of possibly incurring a lifetime ban. Wish you luck with whichever route you decide to take.

[Brother Hesekiel 2,235]

Hogwash. If they did not INTENT to get married AND adjust for AOS beforehand it's PERFECTLY legal. suitable, and a smart way to go at it, which is why the immigration law is specifically set up for this.

You guys try to prove their intent, and I tell you you can't. Neither can USCIS, which is why intent doesn't become an issue at AOS unless the couple leaves a paper trail of fraud.

Like it or not, it doesn't matter. Tourists who get married can adjust status just fine and without problems.

[Boiler 44,947]

Your premise is wrong, most adjustments are from non marriage visa's.

[lovelyalex 99]

I PM'd you (before the site got all fancy and the PM system was working!)

[Ladylethal 12]

Nothing prevents you from getting married while on a tourist visa (one can get married here and leave, and that's perfectly legal), but coming on a tourist visa with intention to stay is considered illegal, and even if people get away with it it's against TOS rules of VJ to give advice in committing fraud.

[Old Dominion 26]

Anyway, after marriage the citizen can file an I-130 petition and simultaneously, the "alien" can apply for AOS (green card)alond with the EAD, along with the sponsor's papers. It takes nearly 90 days to get the EAD, if all the paperwork is filed correctly. With the EAD in hand, the applicant can get a Social Security number and usually also qualify for a state ID and driver's license.

When it comes time for the AOS interview, they'll both have to explain why the spouse didn't just go back to France after the wedding, and wait as per the immigration laws.

[Rebecca Jo 1,962]

He is here on a tourist visa, and they're planning a quick wedding. Then he'll stay here and is planning to apply for permission to work.

Well, they won't give him 'permission to work' unless he also decides to adjust his status from tourist to permanent resident.

[Kathryn41 3,205]

Hi everyone,

I successfully navigated my own immigration from the UK on a fiancee visa a few years ago (thanks to this forum for lots of help!). Now my sister in law wants to marry her french boyfriend, and I can't remember any of the rules.

He is here on a tourist visa, and they're planning a quick wedding. Then he'll stay here and is planning to apply for permission to work.

Did he enter the US on a tourist visa with the intention of getting married to your sister-in-law or did they decide to get married after he arrived? That is the key bit of information. If they decided to get married after he arrived then he is allowed to get married and apply to adjust his status from non-immigrant to permanent resident without leaving the US. If, however, he entered the US on a visitor's visa with the intent of getting married and staying in the US to adjust status, that is illegal. It is called visa fraud - intentionally using a visa issued for one purpose -a temporary visit - for a totally different purpose that requires a separate type of visa - immigration. It carries pretty stiff penalties if USCIS determines he intended to get married and adjust status before he arrived to the US.

My questions are:

Why don't more people do it this way? This is surely more straightforward than applying for a fiancee visa or a spousal visa, so there must be a reason most of us fill in all that crazy paperwork!

Yes, the reason is what I mentioned above - intentionally planning to use a visa issued for one purpose for a totally different purpose for which a separate visa exists is considered visa fraud and can carry up to a life time ban on re-entering the US if USCIS also determines that the individual misrepresented the facts when he applied for the visa. The finding of misrepresentation may be made any time during the immigration process, even after the individual has become a US citizen, so it is not only an illegal route, it is also an 'uneasy' route to pursue. Having no intent of getting married and staying to adjust status when the visitor's visa is issued, however, and then undergoing a change in plans that lead to a change in immigration status is not illegal. Nor is it illegal to enter the US as a visitor with the intent to get married as long as the person leaves the US afterwards and follows the process to obtain the proper immigrant visa.

How long does the EAD take these days?

It takes about 60 to 90 days after the AOS has been submitted and approved, although that can change if there is a request for evidence (RFE) which stops work on the file until the requested evidence is received.

Any other advice?

If your sister-in-law's fiance entered the US as a visitor with the intent of getting married, then persuade them to apply for the CR-1 visa instead - or not to get married at this time and pursue a K1 both of which will necessitate him to return home at some time. Have him make sure he doesn't overstay his I-94 and incur out of status days. If there was no intent, then no problems.

Thanks so much in advance!

- Helen

[VanessaTony 3,567]

Hi everyone,

I successfully navigated my own immigration from the UK on a fiancee visa a few years ago (thanks to this forum for lots of help!). Now my sister in law wants to marry her french boyfriend, and I can't remember any of the rules.

He is here on a tourist visa, and they're planning a quick wedding. Then he'll stay here and is planning to apply for permission to work. My questions are:

Why don't more people do it this way? This is surely more straightforward than applying for a fiancee visa or a spousal visa, so there must be a reason most of us fill in all that crazy paperwork!

How long does the EAD take these days?

Any other advice?

Thanks so much in advance!

- Helen

Everyone else raises the illegal point but they're missing the worst part.

Approval for AOS can take a while. Lets say by the time they interview him it's over 180 days past his I-94 date. If they deny the visa he will be given 30 days to leave AND he will get a 3 year ban on entry. (more than 365 days past I-94 is a 10 year ban but I highly doubt it should take that long).

If he doesn't stay more than 180 days then he will still have a red flag on his file making his tourist visa attempts VERY difficult so he would need to get a spousal visa.

The fiancee and spousal visas have a means of appeal if your petition is denied, the tourist visa way does not.

if they determine (though honestly i don't think they look too hard) that you lied and MEANT to immigrate when entering on the tourist visa is a lifetime ban.

It's too big a risk. If you honestly love them and they're in a low fraud country the risk is too great when the ability to get a fiance or spousal visa is so much easier. If he leaves and gets the spousal visa then he can work while at home and save some money, and immediately on entry he'll get a greencard and be able to work.

It's a selfish thing to do it that way I think because it's about your instant gratification and not about security of your loved ones status. If you're from a high-fraud country I do understand it a bit more because the spousal and fiance visas are hard to come by but yeah... that is of course my personal opinion and opinions are what you asked for.

Edited March 15, 2010 by Vanessa&Tony