Marry on a Tourist Visa and then CR-1

[KWG17 0]

Hello All,

I have read the dangers of entering the US on a tourist with intent to marry and then apply for an AOS. But what if she marries and leaves? Does anyone know or have any experience with this scenario?

1) entering the US on a tourist visa,

2) getting married in court

3) leaving before the tourist visa expires

4) applying for a CR-1

Is this a viable option or would my spouse's case still hold a high probability of getting rejected?

Thanks!

[jkminney 30]

She can come to the U.S. to get married she just has to leave and file for the CR1....that's the legal way of doing it

[KWG17 0]

She can come to the U.S. to get married she just has to leave and file for the CR1....that's the legal way of doing it

Thanks! So this is not considered misrepresentation if she entered with a tourist visa? I have been advised that this would be okay if she was in the US for more than 60 days. However I would like to get married and have her go back in 2 weeks. This way we could begin the process with the CR-1 asap.

[Mrs O. 29]

Hello All,

I have read the dangers of entering the US on a tourist with intent to marry and then apply for an AOS. But what if she marries and leaves? Does anyone know or have any experience with this scenario?

1) entering the US on a tourist visa,

2) getting married in court

3) leaving before the tourist visa expires

4) applying for a CR-1

Is this a viable option or would my spouse's case still hold a high probability of getting rejected?

Thanks!

Thats the exact route I took. There was no problem with the CR1 processs. I have my visa in hand. Nothing illegal about getting married on a tourist visa as long as you return to your country of residence to apply for your immigrant visa.

Edited May 26, 2011 by Mrs O.

[Harpa Timsah 13,258]

Thanks! So this is not considered misrepresentation if she entered with a tourist visa? I have been advised that this would be okay if she was in the US for more than 60 days. However I would like to get married and have her go back in 2 weeks. This way we could begin the process with the CR-1 asap.

No timeline considerations are involved. Coming and going in 2 weeks is fine. Good luck!

[emh836 2]

as mrs o says u have to go back...if that's correct i don't know but what's the point then? might as well do the k1. I'm not the expert on this...but as far as I know entering the US as a tourist (maybe other visa types as well?) with the INTENTION of marrying is visa fraud.

If u enter and happen to decide out of the blue to marry within 90 days then that is fine...Hard to prove either way,,big grey area..of course posting such a question on the internet wld make it hard to convince the US that you just decided after u turned up.

i may be wrong on the above

[emh836 2]

as mrs o says u have to go back...if that's correct i don't know but what's the point then? might as well do the k1. I'm not the expert on this...but as far as I know entering the US as a tourist (maybe other visa types as well?) with the INTENTION of marrying is visa fraud.

If u enter and happen to decide out of the blue to marry within 90 days then that is fine...Hard to prove either way,,big grey area..of course posting such a question on the internet wld make it hard to convince the US that you just decided after u turned up.

i may be wrong on the above

now i've read again and u spec asked abt entering with the INTENT. If u inted to arrive in US to get married then u need a K1 which....as we know...entitles u to enter the US to get married.

[DebWa 26]

The problem that I could see is that if she is specifically asked about this at POE and she states that she is planning to marry she may be denied entry since CBP will probably assume that she will stay instead of leaving to do the CR-1. And I definitely would not lie about it at POE since this can have a way of coming back to haunt you. The way I understand it though, if she is not denied at POE it would be fine for her to get married on a tourist visa even though she has that intent when she comes as long as she leaves and doesn't try to just adjust status. Also I would make sure that she has proof of ties to her home country when she comes so that she has a greater chance of being allowed to enter even if they find out she is coming to see her fiance.

[Harpa Timsah 13,258]

now i've read again and u spec asked abt entering with the INTENT. If u inted to arrive in US to get married then u need a K1 which....as we know...entitles u to enter the US to get married.

This is incorrect. You can have the intent to marry, but not stay. It is perfectly fine to get married on a tourist visa. You do not need a K-1 visa to marry in the US; you need it to marry AND STAY. You cannot use a non-immigrant to immigrate to the US, so you cannot have intent to marry and STAY, but the OP doesn't want to stay. You might not want to offer up the information at POE, but if asked, you would say you are getting married and then applying for a CR-1 visa after returning home - which is, incidentally, the TRUTH. Good luck.

Edited May 26, 2011 by Harpa Timsah

[KWG17 0]

Here is the background...

1. My fiance has a 10 yr tourist visa.

2. She was here for two weeks and left on May 7th.

3. It was during this trip that I proposed to her.

Now we would like to get married next January in India. So my only option then is the CR-1/K-3. Both take between 8-12 mos to get the visa in hand. So I thought if my fiance comes here in Sept for two weeks, we could do the court marriage, and then have her go back and immediately start the CR-1/K-3 process.

My dilemma is when USCIS receives the file, will they consider the marriage in 2 weeks as suspicious/fraudulent and deny the case or worse bar her from coming back? Honestly we have no intention for her to stay back on the tourist visa. But if we apply in Sept. we can get the visa in Mar/Apr rather than waiting to apply in Jan and having the visa by July/Aug.

Given this background does the marriage on a tourist visa, returning and then filing make sense? More importantly is it ok in the eyes of the USCIS?

[san diego 407]

In this case I do not see a problem. The only problem I could see is if she stated on any documentation that she does not intent to marry. However, given all that... On this forum while there are a lot of well-informed people, they may give you bad advice. In this situation I would DEFINITELY consult the lawyer first. It may be $100 extra but you can be sure that you will be clean and do not jeopardize your future.

[Carol & Tim 4]

Hey I got married 4 days after I arrive in the USA. I got married in Vegas. As far I had no problem, they approved my petition and I will have my interview on june 29th.

I think it is fraud if you marry and stay, as long as she leaves I dont see any problem. Hope I'm right lol

[KWG17 0]

Hey I got married 4 days after I arrive in the USA. I got married in Vegas. As far I had no problem, they approved my petition and I will have my interview on june 29th.

I think it is fraud if you marry and stay, as long as she leaves I dont see any problem. Hope I'm right lol

Thanks Caroline! Did you know your husband before your arrival in the US? This could be the difference. Its apparently much more easier that if you just met your to-be-husband than if you knew them before entering the US. Unfortunately I am in the second boat

[Done--Really 331]

You are mixing up the idea of intent to get married with intent to get married and STAYING in the US to adjust status. It is really, really simple if you separate the two ideas:

The first is 100% fine--all she has to do is return before her then-current entry expires, file a CR-1 immediately, and if time and money permit, she will probably be allowed to visit during the process. She can stay the entire six months if she likes, only returning before she overstays.

The second is serious immigration fraud and you don't even want to think about it--messy, messy, messy with huge problems if you are discovered.

A K-1 is an alternative, but it is unlikely that that would be approved by September, so stick with your plan--it is good, legal, and exciting. The one risk of course is that she would be turned back in Septemeber, but the odds of that are quite small since she has the B1/B2 visa and I am assuming no overstays.

You don't need a lawyer--just follow the rules which are very explicit, and use your heads.

[Carol & Tim 4]

Yeah we had met and dated a year before we got married, I guess it is better you guys wait a little bit to get married. Try meeting once or twice before it. I met my husband twice before our wedding. I don't think they will approve you getting married at the first meet and it is better you don't take this risk!!! And it is good to get a chance to know each other better, spend some time together and make sure this is the right decision!

Good luck!!!!!