Can we marry on the tourist visa?

[crispy 7]

Hello, my girlfriend is from Lima Peru and I am an American living in Ohio. We first met in Miami Oct. 2010 while we were on vacations. I have since travelled to Peru twice and met her family. Her travel visa expired early this year but she has successfully renewed it for 10yrs. She is currently staying with me for 3 months. She quit her job in Lima Peru because it was to demanding so we are taking this opportunity to spend time together. We want to get married. My question is what is the best way for us to marry? Should she return to Peru in February like we planned and then I can submit for a K-1 fiance visa. Can I submit it while she is still here? Perhaps in December or January?

Or can we just get married now while she is on the travel visa? Can she stay and adjust her status or will we get into trouble? If we marry on the travel visa must she return to Peru and then must I submit for a CR-1? What is the best way?

Any input is greatly appriciated.

Thanks

[payxibka 10,045]

You are not allowed to use a tourist entry as a part of an orchestrated plan to circumvent us immigration law. if she was here on a tourist visa and you did a spur of the moment change of mind then she could stay.

[Gosia & Tito 199]

Hello, my girlfriend is from Lima Peru and I am an American living in Ohio. We first met in Miami Oct. 2010 while we were on vacations. I have since travelled to Peru twice and met her family. Her travel visa expired early this year but she has successfully renewed it for 10yrs. She is currently staying with me for 3 months. She quit her job in Lima Peru because it was to demanding so we are taking this opportunity to spend time together. We want to get married. My question is what is the best way for us to marry? Should she return to Peru in February like we planned and then I can submit for a K-1 fiance visa. Can I submit it while she is still here? Perhaps in December or January?

Or can we just get married now while she is on the travel visa? Can she stay and adjust her status or will we get into trouble? If we marry on the travel visa must she return to Peru and then must I submit for a CR-1? What is the best way?

Any input is greatly appriciated.

Thanks

You can submit a K-1 petition while she is here, but there are some implications: at some point her current 6 month stay would be up; she should then leave country. Under normal circumstances, she would be able to enter US again, but with a K-1 in process, she might be denied entry; which does not affect the K-1 but overall means you would need to go to Peru or meet in another country if you want to see each other.

She could stay, get married and adjust status; there is some risk in doing this as the USCIS might decide that this was part of a plan to go around the K-1 or CR1 process.

It is also possible to get married, file CR-1 and upon her 6month visit period (on the B1/B2) return to Peru to wait for processing of the petition. Both K-1 and CR are roughly 9months to 1 year processing. Advantage of CR1 is that green card is approved upon entry to the US, while on a K-1, you would need to do adjustment of status and it woul dtake additional months for it.

Good luck

[Hank_ 9,174]

I have read of others who have married while one was here on a toursit visa and did the adjustment of status.

Being she has been here on tourist visas before and has recently had it renewed it for sure does not appear the tourist visa was used to circumvent the immigration laws.... just one of those things where love happened.

If it were me I would get married and then do an adjustment of status. Just saying....

[crispy 7]

I have read of others who have married while one was here on a toursit visa and did the adjustment of status.

Being she has been here on tourist visas before and has recently had it renewed it for sure does not appear the tourist visa was used to circumvent the immigration laws.... just one of those things where love happened.

If it were me I would get married and then do an adjustment of status. Just saying....

Thanks for your replies,

If we would marry now, how long is the adjustment of status to recieve the green card. Currently she is planning to leave back to Peru in early February, but her tourist visa was stamped to return in early May. This way would be much easier. It is true that we did not plan to marry on her visit now but we are investigating how to get married. If we marry now and they deny her the adjustment of status, I can submit for cr-1 correct? but she would go back to Peru and await the visa correct?

[payxibka 10,045]

Thanks for your replies,

If we would marry now, how long is the adjustment of status to recieve the green card. Currently she is planning to leave back to Peru in early February, but her tourist visa was stamped to return in early May. This way would be much easier. It is true that we did not plan to marry on her visit now but we are investigating how to get married. If we marry now and they deny her the adjustment of status, I can submit for cr-1 correct? but she would go back to Peru and await the visa correct?

the likelihood of denial of aos is remote. This assumes a valid case without fraud or misrepresentation.

[Gosia & Tito 199]

Thanks for your replies,

If we would marry now, how long is the adjustment of status to recieve the green card. Currently she is planning to leave back to Peru in early February, but her tourist visa was stamped to return in early May. This way would be much easier. It is true that we did not plan to marry on her visit now but we are investigating how to get married. If we marry now and they deny her the adjustment of status, I can submit for cr-1 correct? but she would go back to Peru and await the visa correct?

Based on what you said, it seems to me that AOS would go through, just keep in mind that no one here can tell for sure what USCIS would end up deciding, hence the risk. Yes, you are correct in the CR1, you could file it. DO not want to alarm or doomsday, but a CR1 is not guaranteed either. Many people I know (not in VJ necessarily) have done what you have planned and had no problems. I do know a few that did have a problem, but their cases were quite different and it was more or less apparent that the plan was to go around the K-1, CR1 process. I did not do that myself though, just too important for me to take any risk as I could not truthfully say that we had not discussed the possibility of marrying and adjust.

In the AOS in the first scenario (you marry her while she is still here), keep in mind that she cannot leave the country while that is going on, if she does you would need for sure a CR1. Mentioning this because emergencies or other plans might require her to travel.

[BlueBonnet 84]

It all comes down to intent.

When she crossed the border did she intend on getting married ? Yes/no ?

Sometimes people do wild and crazy things, like meet someone and marry, it happens. You will have to prove though in your petition that there was no intent that you guys just decided one morning that it would be the thing to do - getting married.

No matter what though, she shouldnt leave the country, others might tell you to have her go home and start your petition, that is bad advise, she needs to stay here while you file for her.

[sarah86 8]

I know quite a lot of people who came on a tourist visa, overstayed their welcome by yeaaaarrrss and eventually found love here got married and some are citizens now and others are on their way there. I dont know if USCIS or the immigration choose nationaliries/countries to pick on but Im just saying it might work out fine if you get married and adjust without having to go through all that waiting and anxiety of the visas.

Best of luck to you guys.

[crispy 7]

If we get married on the tourist visa, what about when the tourist visa expires after 6 months... In early may. Is it ok for her to stay while she awaits for the greencard? or would they come looking for her? I understand about six months from the date of filing. The worst that can happen is she would be sent back to Peru? and then I would file for the cr-1 and wait for her to be approved. The cr-1 visa I have seen is much cheaper than the fiance visa.

Thanks

[Hank_ 9,174]

If we get married on the tourist visa, what about when the tourist visa expires after 6 months... In early may. Is it ok for her to stay while she awaits for the greencard? or would they come looking for her? I understand about six months from the date of filing. The worst that can happen is she would be sent back to Peru? and then I would file for the cr-1 and wait for her to be approved. The cr-1 visa I have seen is much cheaper than the fiance visa.

Thanks

IF you get married on the tourist visa and immediately after apply for Adjustment of Status then everything changes and there is no expiration, you are then on the road to a GC.

Lots of IFs......................

[crispy 7]

IF you get married on the tourist visa and immediately after apply for Adjustment of Status then everything changes and there is no expiration, you are then on the road to a GC.

Lots of IFs......................

Thanks, I was looking at the form I-485 to adjust status and under Part 2 Application type, it says you must check one, but for my situation what would I check the H box marked other basis of eligibility? and then explain the situation of how we met. I also see the price is around $1000 dollars and I wonder if we would be denied if I would be refunded the 1000 dollars or would it be lost?

[LIFE'SJOURNEY 970]

Thanks, I was looking at the form I-485 to adjust status and under Part 2 Application type, it says you must check one, but for my situation what would I check the H box marked other basis of eligibility? and then explain the situation of how we met. I also see the price is around $1000 dollars and I wonder if we would be denied if I would be refunded the 1000 dollars or would it be lost?

LOST$$$$$$$$, USCIS does not grant refunds under any occassions.