My Girlfriend is in the us on a travel visa

[Johnms1 0]

Hello all, this is my first time on this site. My girlfriend (18 months) now would like to marry. She has been to the us on travel visa a few times already. She was here with me from March until july, and then returned Sept 1 and is still here with me. We met in florida, and prsently reside in connecticut. What options do we have to marry ? All of the information I see is how to bring your fiance to the US. What if she is already here on a travel visa ??

[desert_fox 32]

go to the local courthouse, get a license and get married.

or

go to las vegas...get married within a few hours after getting there.

[payxibka 10,047]

not yet a K-1 visa topic... moving thread

[JimVaPhuong 4,863]

Hello all, this is my first time on this site. My girlfriend (18 months) now would like to marry. She has been to the us on travel visa a few times already. She was here with me from March until july, and then returned Sept 1 and is still here with me. We met in florida, and prsently reside in connecticut. What options do we have to marry ? All of the information I see is how to bring your fiance to the US. What if she is already here on a travel visa ??

There are two forums for bringing your wife here - the K3 forum (which is mostly a defunct visa type) and the IR1/CR1 forum. There's also a forum for getting your wife a green card if she's already in the US - the Adjustment of Status from Work, Student, and Tourist Visas forum.

You don't need any special permission from the government to marry a foreigner who is not a permanent resident. The process is the same as marrying anyone else. Get a marriage license and get married. Simple!

Next, you have to decide if you want her to get an immigrant visa and move to the US, or apply for a green card while she's still in the US. Since she stayed more than 3 months I presume she's got an actual B2 visitor's visa, and didn't come using the Visa Waiver Program. As long as she didn't intend to immigrant when she entered the US then you can apply for a green card after you get married. There is a VJ guide that explains the process:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

This will cost you some cash (over $1000 in fees), and you'll need to sign an affidavit that you'll support her and meet the financial requirements for the affidavit. The guides explain the forms and documents you need. Read the instructions for every form to learn the details, and then spend some time in the Adjustment of Status forum to learn about the hiccups you might encounter.

Good luck, and welcome to VJ!

[Johnms1 0]

Thanks, appreciate the quick response. Seems to simple. What am I missing ? Get a marriage license (ok) get married (ok). That's it. Marriage alone doesn't entile her to "stay" in US (correct). I guess I got some reading to do. Again, thanks, and I'm sure I will be back with more questions.

[canadian_wife 1,826]

Gone are the days when marrying a USC entitled you to something. All marrying a USC does not is allow you to start a process

http://www.visajourney.com/content/i130guide2

Read the guides, read the instructions for the petitions.

Ask LOTS of questions

Good luck

[militarygf 0]

I was with my fiance in US for 6 whole months last year using my tourist visa, but still decided to go back and do the K1 route. In my humble opinion, it is the the easier and more practical option. Being an entrepreneur in my home country, I am not used to a domesticated life, but that is exactly what i did during my stay. We lived like a normal couple in those 6 months instead of me playing the tourist, which means that I stayed home and did house chores while he was at work.I practically overturned his crib from rearranging, redecorating, scrubbing and whatnot just to keep my sanity intact!

Whilst it was wonderful to wake up to his good morning embraces and kisses, waiting for him to come home doing nothing bothered me. The advantage in securing a k1 is that I'll be able to find employment immediately should I wish to. I decided that the amount of time that will be put in working on an Adjustment of Status will pretty much amount to the same in waiting for a K1; thus I am using this "waiting time" in reorganizing my company. Your options then, will pretty much rely on your priorities as a couple, and esp. what the beneficiary will be leaving behind. That is just my four cents worth, of course. Good luck!

[JimVaPhuong 4,863]

Thanks, appreciate the quick response. Seems to simple. What am I missing ? Get a marriage license (ok) get married (ok). That's it. Marriage alone doesn't entile her to "stay" in US (correct). I guess I got some reading to do. Again, thanks, and I'm sure I will be back with more questions.

Getting married to a US citizen makes her a qualifying immediate relative. You filing an I-130 petition for an immigrant visa on her behalf will make a visa number available to her. Having a visa number available makes her eligible to apply for an immigrant visa (if she's outside the US) or apply for a green card (if she's inside the US). Her applying for a green card makes her eligible to remain in the US while a decision is being made on the green card. Her receiving a green card makes her eligible to remain and work in the US, as long as she follows the rules for her green card. After two years you'll both have to apply to have the conditions removed from her green card. After three years she'll be eligible to apply for US citizenship. If she becomes a US citizen then your dealings with US immigration will likely be finished for good. The rules change if you get divorced at any point before she becomes a US citizen.

The only part of this process that has nothing to do with US immigration is getting married. Your local courthouse or county clerks office can handle that for you. Any two people - even two tourists - can get married in the US. Dealing with US immigration is completely different matter.