If already in the US on Tourist visa - any marriage visa where she can stay?

[chrispar 0]

Hi,

Just figuring out different options. My Argentinian gf already has 10y tourist visa. I know that normally this has no bearing on the marriage visas. BUT what are the options if she was in the states already (under 90days) and we decided to get married. Any types of visa where she could easily & legally stay?

(Sorry if this is in the wrong section, I wasn't clear about the perfect section for it)

thanks!

Edited October 26, 2011 by SpidersOnBoats

[Inky 1,111]

Knowingly entering the USA on a tourist visa and marrying and staying adjusting status is Visa fraud.

If you are already in the USA you do not apply for a visa to the USA because you are in the USA.

Spousal Visas and Fiance Visas are given to people outside the USA.

[chrispar 0]

Oops, ya you are correct...I really meant to ask are there any scenarios where she could stay? Doesn't make much sense for her to be allowed to be there for 1 visa, but have to be outside the US for another visa...but don't worry, it won't suprise me if this is the case.

Edited October 26, 2011 by SpidersOnBoats

[Aloe 10]

Is she currently in the U.S or Argentina?

[Ning 619]

Oops, ya you are correct...I really meant to ask are there any scenarios where she could stay? Doesn't make much sense for her to be allowed to be there for 1 visa, but have to be outside the US for another visa...but don't worry, it won't suprise me if this is the case.

Sure it makes sense. She was allowed to visit the USA by using a tourist visa. I am sure you know that visa is used for purposes other than immigration.

Find the forums here on V J. Read down the list to find Tourist visa- AOS forum.

She can legally marry while in the USA on a tourist visa. However if that is done with the intent of then staying in the USA to avoid the laws you couldnt file the AOS documents to gain a different legal status.

If the intent of the use of the tourist visa was to visit & exit the USA but things changed, she decided to marry, she could qualify for the AOS ( adjustment of status ) procedure. If she is still in the USA.

What can be done hinges totaly on her intent when she entered the USA.

Edited October 26, 2011 by Ning

[JimVaPhuong 4,863]

Hi,

Just figuring out different options. My Argentinian gf already has 10y tourist visa. I know that normally this has no bearing on the marriage visas. BUT what are the options if she was in the states already (under 90days) and we decided to get married. Any types of visa where she could easily & legally stay?

(Sorry if this is in the wrong section, I wasn't clear about the perfect section for it)

thanks!

Generally speaking, if she was admitted or paroled into the US and she's married to a US citizen then she's eligible to adjust status and get a green card. There are some exceptions, but most of them aren't worth mentioning here because they probably wouldn't apply to her.

The law specifically prohibits using a non-immigrant visa to enter the US if your intention is to become an immigrant before you leave. Using a non-immigrant visa in this way is called "preconceived intent". Department of Homeland Security and Department of State both take a dim view on people using non-immigrant visas as a means to circumvent the immigrant visa process. There are exceptions to this, as well. There are some types of non-immigrant visas that allow for immigrant intent, such as the K1 visa.

In reality, there isn't much they can do if they suspect preconceived intent after you enter the US. For this reason, consulates and CBP will try to detect immigrant intent before an alien enters the US, and stop them. Consulates will deny a non-immigrant visa, and CBP will deny entry to the US if either of them suspects the alien is going to stay in the US and apply for a green card.

Preconceived intent is a serious negative factor, but it's not serious enough to outweigh the positive factor of being an immediate relative of a US citizen. USCIS won't deny adjustment of status for preconceived intent alone, if that's the only negative factor. However, they may investigate to see if there are any other negative factors that would tip the balance in favor of denial, such as any evidence that the intending immigrant may have lied to an immigration officer about their intent. An example of how this might work is telling the CBP officer at the airport that you're only visiting your boyfriend for a couple of months before heading home again, while simultaneously having a wedding gown in your luggage, or documents that would be needed for adjustment of status but not needed for a simple visit. Lying to an immigration officer about intent is a material misrepresentation - fraud - and can result in a lifetime ban from the US. There's no risk of this happening if you pursue the appropriate kind of visa - K1 if you want to marry in the US, or CR1 if you marry abroad.

[GringoD 33]

Hummmm... you can't just apply for "adjustment of status"?

that was my impression.

but,... I could be wrong.