Married on a Tourist Visa and stay, possible or not?

[skiptex 225]

Hi, i was thinking of doing a K1 visa.. then i quickly looked at CR-1, which led me to this subject..

she has a legal visa to come to USA to visit and has already come once in Feb. for a 12 day visit.. she is from VENEZUELA, i am born/raised in Texas (thank you very much

we are planning to get married in the future, so we are looking at the options.. i thought K1 was only option.. but now i am seeing people that get married on a TOURIST visa.. and either go back for CR-1 process or STAY and apply for AOS/Green Card.. i did not think the second one was possible..

i have been digging around.. but i thought i would post this question in this forum.. i hope it is the correct one..

[Harpa Timsah 13,258]

You cannot use a non-immigrant visa to enter the US and immigrate. So while it is possible to AOS from a tourist visa, to plan to do so, and to enter the US with the plan to file AOS and immigrate is visa fraud.

People that end up in this situation where they AOS from a tourist visa usually have an unexpected change of circumstance or have overstayed a long time.

[skiptex 225]

thanks for quick reply.. this is not our ONLY option.. i understand the Fraud part.. but am i wrong to see people that come to usa on a tourist visa and do just that.. ??! how are they doing it.. or am i reading that information incorrect?

do not worry.. i want to do it correctly, lawful and legally .. we are looking at K1.. but i want to be educated in ALL options.. Do's and DO NOTS

thanks

her tourist visa is vaild for 10 yrs.. if it matters..

this thread is why i ask..

http://www.visajourney.com/forums/topic/284655-married-on-tourist-visa/

Edited September 28, 2011 by skiptex

[Oksana & Max 94]

thanks for quick reply.. this is not our ONLY option.. i understand the Fraud part.. but am i wrong to see people that come to usa on a tourist visa and do just that.. ??! how are they doing it.. or am i reading that information incorrect?

do not worry.. i want to do it correctly, lawful and legally .. we are looking at K1.. but i want to be educated in ALL options.. Do's and DO NOTS

thanks

her tourist visa is vaild for 10 yrs.. if it matters..

this thread is why i ask..

http://www.visajourney.com/forums/topic/284655-married-on-tourist-visa/

I would not recommend coming here getting married and then do AOS. As it was mentioned earlier it is a Visa fraud. Some threads you might read apply to people who entered here on tourist Visa, but overstayed and then decided to do an AOS based on marriage. However this was not their original intention.

There are few options are available for you.

1. You still can get married and apply for CR-1 which usually takes longer but cost less. Though your fiancee will have to go back to her country for Visa interview.

2. You can go with K-1, somewhat faster but more expensive in the overall. Make sure that in order to obtain a K-1 both of you should be free to marry. What I mean don't get married and apply for K-1.

Hope this helps.

[Harsh_77 718]

Ppl go the Tourist Visa way, get married and file for AOS. Is it the right way to do it no, can you do it yes.

10 yr tourist visa does not matter, how long she can stay in US is marked on I-94 by officer at POE.

You guys can decide based on where your families are etc where to get married in US or in her home country or some other country.

If you decide to get married in US she can enter on B1/2 and you can get married and you can start your CR1 process, she can stay in US until her visa expires which is like normally 6 months.

In most cases CR1 process takes 8-9 months to complete, so she would be in US with you for 6 months out of 8-9 months which is not bad.

[Harpa Timsah 13,258]

thanks for quick reply.. this is not our ONLY option.. i understand the Fraud part.. but am i wrong to see people that come to usa on a tourist visa and do just that.. ??! how are they doing it.. or am i reading that information incorrect?

do not worry.. i want to do it correctly, lawful and legally .. we are looking at K1.. but i want to be educated in ALL options.. Do's and DO NOTS

thanks

her tourist visa is vaild for 10 yrs.. if it matters..

this thread is why i ask..

http://www.visajourney.com/forums/topic/284655-married-on-tourist-visa/

The difference, as I explained, is that the OP in the post you linked did NOT have the intent to immigrate when they arrived to the US. In fact, they didn't even have the plan to marry. They said, "we didn't plan to get married - it just happened." Therefore they did not have the intent to immigrate on their tourist visa and had a sudden change of circumstances. This is okay.

What is not okay, and is visa fraud, as I explained in my prior post, is to plan to immigrate on a non-immigrant visa. To enter the country on a non-immigrant visa with plans to immigrate is visa fraud and illegal.

[skiptex 225]

I would not recommend coming here getting married and then do AOS. As it was mentioned earlier it is a Visa fraud. Some threads you might read apply to people who entered here on tourist Visa, but overstayed and then decided to do an AOS based on marriage. However this was not their original intention.

when you say.. overstayed.. do you mean there were illegally? to me.. this just seems like it would trouble.. was the marriage prior to overstaying visa?

There are few options are available for you.

1. You still can get married and apply for CR-1 which usually takes longer but cost less. Though your fiancee will have to go back to her country for Visa interview.

2. You can go with K-1, somewhat faster but more expensive in the overall. Make sure that in order to obtain a K-1 both of you should be free to marry. What I mean don't get married and apply for K-1.

Hope this helps.

we have no problem with her going back.. she still has work and things she would have to get taken care of for her to come here to live for good..

so for option 1.. we could get married while she is here in Texas and return, per her flight ticket.. if we do CR-1.. it takes longer, cost less AND she could come in as a Perm. Resident? so she would be legal to work..

option 2... K1 is what we are thinking was our best option at the moment.. we are NOT planning on submitting the K1 till she comes here in Dec.. we can sort out paperwork together.. and mail it when she leaves... and let the process work.. but when she gets it.. get married in the 90 days.. THEN do AOS for Green Card.. and form for work.. which also takes awhile to process..

it almost seems like CR-1 could be the way to go.. i do not know.. thats why i am brainstorming.. thanks for the help..

PS.. HARPA.. thanks for clearing the I-94 part. thanks! either way.. she would go back, that part hasn't really changed.. i am kind of thinking outloud.. i know it may be frustrating for ya'll.. sorry

Edited September 28, 2011 by skiptex

[ceadsearc 516]

People who AOS on a tourist visa are people that came here planning to visit, and the situation changed and they ended up getting married or something similar. In some cases, it means someone came to visit and ended up overstaying (which means they were out of status but did not enter illegally) and later got married, in other cases there is no overstay, rather they came for a visit with a significant other or something, with no intention to stay, and then for whatever reason their situation changed (decided they wanted to get married when they hadn't planned to before, etc.) and they end up marrying and AOSing. THIS is not illegal. Some people who went the CR-1 or K-1 option will say it's not the "right" way to do things, but it is a perfectly legal option that USCIS allows IF THERE IS NO INTENT TO IMMIGRATE UPON ENTRY.

Obviously, you have plans to marry and have her immigrate so that's not for you. As was mentioned, you have two options - the CR-1 and the K-1. The CR-1 takes a bit longer, normally, but once your spouse gets the visa and enters the country they are automatically a permanent resident and can work immediately - there is no AOS process. It is also cheaper, as again you are not paying for the AOS process. Your other choice is the K-1. This is a little quicker to get into the country, but costs more because you have to pay for the K-1 process AND the AOS process, and once your spouse arrives they are not yet a permanent resident and cannot work until they get their EAD card (several more months).

With CR-1, you need to be married to file - either she comes here and you get married, or you go there and get married. With K-1, you need to NOT be married. In both cases, she can still come to visit before and during the visa process, so long as she follows the guidelines of her tourist visa and keeps strong ties to her country, as it is always at the discretion of CBP whether or not to admit someone to the country and if they think they will stay.

[skiptex 225]

ceadsearc..

she plans to be for about a month for a visit during holidays..

lets say we decide CR1 is best way.. we get married here, she goes back.. as was intented by her travel plans.. and file CR1 paperwork

is that ok? or is that considered fraud..

i would still go there in spring time for a visit..

i am sort of starting to think this maybe the best way.. to me.. the paperwork is what matters.. and seem like this would knock out ALL the paper at once.. ie proper immigration visa AND work permit..

[Little_My 464]

Her coming here to marry you is perfectly fine, no matter what visa she uses to enter the US. The actions AFTER the marriage determine whether or not any rules or laws were broken. As long as she leaves the US before her tourist visa status expires and finishes the CR-1 process in her home country, you're fine. You can even start the process while she is in the US to minimize the time yu'll have to spend apart - she just cannot overstay her visa and has to leave before the date on her I-94 card.

Foreigners marry Americans in the US all the time, on all possible visas. There is nothing illegal about that. It is the AOS part afterwards that in some cases makes things complicated and risky.

Edited September 28, 2011 by Little_My

[skiptex 225]

LiL My...

i will ask her how long her I-94 was valid for when she was her in Feb..

we don't want her to stay if we were to get married.. her mother is still in VENZ and they need to sell house.. her sister in Canada (dual Cit. of Venz/Canada) are going to file papers to bring the mother up to live with them.. so we are not wanting for her to stay her perm.. she needs to take of the things back home.. BUT it would be nice to have the CR1 processing..

[skiptex 225]

LOL>. i jus messaged her.. she said.. once we are married.. i don't want to leave..

SO.. K1 it is.. lol

[ceadsearc 516]

What you described wouldn't be fraud. After filing either K-1 or CR-1, she is welcome to come and visit on her tourist visa whenever so long as she follows the rules of the visa. But if she's happier going with the K-1 and you can afford the extra money/don't need for her to be able to work immediately, no reason not to go that route.

[Kathryn41 3,205]

post that seems to imply lying to immigration about 'intent' at an interview has been removed. You must always tell the truth to USCIS or it can come back to hurt you in ways you don't even want to imagine. There is no statute of limitation on immigration fraud or misrepresentation.

To the OP - you sound like you are planning on doing things the right way . Good luck to the two of you and welcome to the Visa Journey community.

[skiptex 225]

To the OP - you sound like you are planning on doing things the right way . Good luck to the two of you and welcome to the Visa Journey community.

Kat.. thank you.. i am thinking instead of Rushing the K1.. we will wait till she comes here in 3 months.. then we can really study this application and do it correctly with no mistakes.. i figure.. IF we take our time the FIRST time.. then it will be faster in the long run..

she really wants to be here with me to put this together.. in fact.. she just got mad at me because i bought some file folders!!

from what see.. many mistakes of VJrs are due to RUSHING to submit and this leads to careless application THUS resulting in RFE..