Can you marry a US citizen on a tourist visa, and stay?

[LeftCoastLady 441]

Your order is not correct. You must have met first before he can file the I-129F petition. Part of the petition is sending in proof that you've met in person within the past two years along with legally being free to marry. So, if you meet in May 2013, that would be the earliest he could submit the petition. Any earlier and you'll receive a request for further evidence (RFE) asking for proof of a prior meeting, which you wouldn't have and thus, the petition would be denied.

At this point, I really think you should read up more on the different visa options. You won't be able to do anything until he's free to marry and since he's incarcerated, that would be a tad difficult.

Thank you so much for your response. My partner Michael, has not been charged with anything like murder, rape, smuggling immigrants or anything scary! But he was charged with robbery, felony eluding (assault) and was wanted about a harrassment case but it was only for questioning. His ex is a complete psycho and has been messeging me on facebook with threats so I believe him when he says she was a bit different ha. I understand if I enter the country and marry through a tourist visa and marry, i have to return and apply for a spouse visa. Would this be easier due to his previous convictions or would i be better off going down the k1 route? (in your opinion) as all this is really new to me too. I should also note, i havent met him in person yet and we were going to do that in may 2013, he gets out in april. i could marry him on a tourist visa in may... but, if i were to file a fiance visa now, i'd have to make sure i get over there asap to meet him to confirm we've met in the past 2 years, its confusing!

[Hannah B 16]

My advice is to meet in person and spend time together before you even contemplate marriage. And meet each others families and spend time in the area of america u would be moving to if u can. However if u want to understand your options for when the time feels right for you both to take such a serious step then research the options on this website. Start by reading the guides and the comparison chart. I wouldnt base your decision only on what is easiest to process because of his convictions. There are many factors to consider. You have time to research the process if u r not planning to meet until next year so take your time to make the right decision. And one further piece of advice - i work with offenders in prison as my job of all varieties of crimes and from my knowledge and experience i would say that in many cases a man is often different whilst they are incarcerated to how they are in real life so i really think u should get to know him after he is released. Good luck with everything and let me know if u have any other questions i will try to help if i can

[tori92 0]

Your order is not correct. You must have met first before he can file the I-129F petition. Part of the petition is sending in proof that you've met in person within the past two years along with legally being free to marry. So, if you meet in May 2013, that would be the earliest he could submit the petition. Any earlier and you'll receive a request for further evidence (RFE) asking for proof of a prior meeting, which you wouldn't have and thus, the petition would be denied.

At this point, I really think you should read up more on the different visa options. You won't be able to do anything until he's free to marry and since he's incarcerated, that would be a tad difficult.

I am thinking of making a visit to see him while he's still in jail and taking photos? Do you think this will work?

[LeftCoastLady 441]

I am thinking of making a visit to see him while he's still in jail and taking photos? Do you think this will work?

He is the petitioner and thus, will need to complete the first leg of this journey. Have you discussed all of this with him and how he feels about the timing?

[Hannah B 16]

No jail or prison in america would allow u to take a camera inside or any electronic device. you would be unlikely to be able to take anything in. depending on the facility you may not be allowed to have any contact and you would speak through a glass panel but he would be able to tell u how visits are done. read the guides and research the examples of primary and secondary evidence. photos are only secondary.

[Xanax 349]

Nope he's a bloke lol

I call my partner my partner too. When did that become a same-sex only thing???

Anyway...

You probably wont be let into the US if you tell them at border patrol you plan to enter on a tourist visa or visa waiver program and then marry and adjust status.

It is also frowned upon.

The K-1 is a good option, it takes 6-9 months to be completed. Though... can you file for the K-1 from prison?

There is also the CR-1 which is a spousal visa, if you married and then returned to Aus and your new husband filed the CR-1 you would be back in the US in 7-10 month, but you would also be able to work once you entered the US and have legal permanent residency straight away (which you don't when you enter on the K-1).

Things that might help you make your decision are:

1) Can you fiance file from prison?

2) Will you fiance be able to financially support the US without you working for 3-4 months?

3) Where do you want to get married?

If I can help with anything else - I am an Aussie and went through the K-1/ CR-1 / Tourist visa marriage options myself, feel free to inbox me!

Edited July 10, 2012 by Xanax

[Gosia & Tito 199]

Thank you so much for your response. My partner Michael, has not been charged with anything like murder, rape, smuggling immigrants or anything scary! But he was charged with robbery, felony eluding (assault) and was wanted about a harrassment case but it was only for questioning. His ex is a complete psycho and has been messeging me on facebook with threats so I believe him when he says she was a bit different ha. I understand if I enter the country and marry through a tourist visa and marry, i have to return and apply for a spouse visa. Would this be easier due to his previous convictions or would i be better off going down the k1 route? (in your opinion) as all this is really new to me too. I should also note, i havent met him in person yet and we were going to do that in may 2013, he gets out in april. i could marry him on a tourist visa in may... but, if i were to file a fiance visa now, i'd have to make sure i get over there asap to meet him to confirm we've met in the past 2 years, its confusing!

That kind of offense would not matter much with USCIS; but it will matter that you have not met in person. You need to meet then file. There is no specified length of time, only that you have met within the past 2 years of filing. You want to have some proof of meeting. Normally boarding passes, etc are used, but in your case you might need something 'stronger' that unequivocally proof you met in the specified time window.

One thing you might want to consider is the support requirements, specially at AOS, which as other have noted, requires a minimum income of about 19k/yr for a household of 2. Given the situation, it might be difficult to secure a job once he is released. A co-sponsor is likely needed; and it has been noted, there is the societal stigma that might make things more difficult in an already challenging situation.

That said, Everybody is entitled to happiness, and my send my best wishes

[Gosia & Tito 199]

I am thinking of making a visit to see him while he's still in jail and taking photos? Do you think this will work?

A possible primary evidence could be the visit log, authenticated by the facility itself. That will establish you were there. I would also check if it's possible that a CO at the facility could make an affidavit as to you actually meeting him in person. Make the government provide the proof of meeting!

[rayandmel 39]

No jail or prison in america would allow u to take a camera inside or any electronic device. you would be unlikely to be able to take anything in. depending on the facility you may not be allowed to have any contact and you would speak through a glass panel but he would be able to tell u how visits are done. read the guides and research the examples of primary and secondary evidence. photos are only secondary.

This is not completely true. My friend's baby-daddy is in jail for armed robbery. She takes their son to visit him, in prison, and the PRISON actually takes photo for them. They also sit together and touch etc... Depends on the facility.

[aaron2020 11,651]

Two significant hurdles;

1. To file a K-1, the two of you must have actually met face-to-face within the 2 years prior to filing the petition. You have not met in person, so he can't file a K-1 petition for you. This is an absolute requirement. Your trip to visit him in prison will take care of that requirement.

2. To successfully allow you to live in the US, the petitioner or a Joint Sponsor must make at least 125% of the poverty line and make a commitment to reimburse the US government for certain public benefits that you might seek. (They sponsor you, then they are financially responsible if you go onto the public dole.) Your fiancee's current income is zero or pretty close. Without an income or someone who is willing to make the commitment to reimburse the US government, you will not be allowed to live in the US even when you are married to a US citizen.

[newlyweds2010 208]

You can marry on a tourist visa, provided that you don't adjust status and try to stay. If that is your plan at the time you enter the US, you need to follow the K-1 path instead. On a side note, and it is certainly not my intention to be old-fashioned or judgmental, how can you marry a person whom you have never met before and who is in jail for a robbery?

[I AM NOT THAT GUY 5,715]

You can marry on a tourist visa, provided that you don't adjust status and try to stay.

Why not? The only requirement is that you entered the US legally. Happens all the time.

[newlyweds2010 208]

Why not? The only requirement is that you entered the US legally. Happens all the time.

Unless you already intend to immigrate when you cross the border. That would be immigration fraud, because using a tourist visa (or the VWP) with an immigrant intent is unlawful. It happens, sure, and some get away with it, some don't. Regardless of the outcome, nobody here would recommend to follow that path.

[Moomin 292]

Thank you so much for your response. My partner Michael, has not been charged with anything like murder, rape, smuggling immigrants or anything scary! But he was charged with robbery, felony eluding (assault) and was wanted about a harrassment case but it was only for questioning. His ex is a complete psycho and has been messeging me on facebook with threats so I believe him when he says she was a bit different ha. I understand if I enter the country and marry through a tourist visa and marry, i have to return and apply for a spouse visa. Would this be easier due to his previous convictions or would i be better off going down the k1 route? (in your opinion) as all this is really new to me too. I should also note, i havent met him in person yet and we were going to do that in may 2013, he gets out in april. i could marry him on a tourist visa in may... but, if i were to file a fiance visa now, i'd have to make sure i get over there asap to meet him to confirm we've met in the past 2 years, its confusing!

Either way, you'll have to have met at least once before thinking of any of those routes. How about booking a return ticket where you're allowed to change the date? I'd recommend spending more than just a few days together. Meeting in person is different than talking on the phone/skyping, so in case anything goes wrong, you have a plan b. Same goes for if you choose to spend a few more days together or decide to get married on the first visit, and send off the petition while you're in the US, spend your lawful stay there together( maximum 90 days if you're from a VWP country) and wait the rest of the time out in your home country until it's time for your interview. That way, your partner might have a change getting back on his feet with securing an income and a joint sponsor as well if it's needed.

That way, your partner will send an i-130 petition with supporting documents, and you won't be having immigrant intent when entering the US.

[Xanax 349]

- To even file the K-1 you HAVE to have already met in person within 2 years.

** from your responses, I wasn't sure if you understood that.