Married in US while on tourist visa?

[Pete&Zoi 0]

Hello everyone. My girlfriend was in the US visiting her aunt and uncle when we met and now I am to the point of asking her to marry me. My concern is that her visa expires in November and I dont want her to have to return to Nicaragua. If we marry soon and start the application process, can she remain here until the process is complete? What are my options?

Thank you greatly.

Edited October 3, 2012 by Pete&Zoi

[rade2rising 205]

hmmmm very interesting. I think before she comes to USA she was NOT your gf right??? you met her and fell in love and stuff? and now wish to marry? Am I correct?

[Tim/Mav 305]

Get Married... Have her return without an Overstay then file for a spousal visa. No ... she cannot stay on a Visitors Visa.

[Pete&Zoi 0]

That is correct, she was not my GF before she came to the US. We met through a friend of the family.

So there is no way to have her stay here (legally that is) until we complete the process.

[Tim/Mav 305]

That is correct, she was not my GF before she came to the US. We met through a friend of the family.

So there is no way to have her stay here (legally that is) until we complete the process.

That is correct. It was a Visitors Visa. You can get Married. AVOID an Overstay .. It will come up later. Play it safe. The Rules.. There is No Way Around this. Point is: It was a Visitors Visa. Not a K-1. CR or any other type. That was not the Intent of the Visa. Marry and file a CR-1 Spousal Visa.

[KayDeeCee 4,893]

That is correct, she was not my GF before she came to the US. We met through a friend of the family.

So there is no way to have her stay here (legally that is) until we complete the process.

Yes, you can get married and file the I-130 and I-485 for adjustment of status at the same time. She will not have to leave. It is perfectly legal. Follow this guide: http://www.visajourney.com/content/i130guide2

There is a forum here on VJ about adjusting status from a work, student or tourist visa: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Edited October 3, 2012 by Jay-Kay

[elmcitymaven 9,712]

Get Married... Have her return without an Overstay then file for a spousal visa. No ... she cannot stay on a Visitors Visa.

WRONG. It is perfectly permissible for a person to get married on a tourist visa and adjust status if they had no immigration intent when they entered. The OP didn't even know his now-fiancee when she entered the country. There is no overstay here, and even if there were it would be forgiven during adjustment of status.

OP, get married and adjust status. After you are married, your soon-to-be-wife cannot leave the country during the processing of the adjustment of status. I recommend you start looking for more info in this forum: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

It is not only possible for the OP to do this, it is desirable. He has the opportunity and he should do it! Less time, less money, no time apart.

Good luck. Pete&Zoi!

[Moomin 292]

That is correct, she was not my GF before she came to the US. We met through a friend of the family.

So there is no way to have her stay here (legally that is) until we complete the process.

Yes there is, what else you hear is outright poo.

It's basically determined by the intent your girlfrend had when entering the US. The CBP oficer who questioned/interviewed her decided that she was a visitor and was therefore let into the US on a visitor's visa. Had he been convinced that she was either lying or trying to immigrate, she wouldn't have been let in.

Based on that, it's fine to marry and adjust status in the US. Most likely, the intent when she arrived won't be brought up at the time of your interview. You have to remember that she cannot leave the US with her case pending, atleast not until she gets either advanced parole document or until she has the greencard in hand. Leaving before then is considered abandoning the case.

Your options are

1 - have her return home, file K1(I129f fiancee petition)

2 - marry, have her return home, file CR1 (I-130 petition)

3 - marry, adjust status in the US.

You have to get her documents translated to English(e.g.birth certificate), have a medical done by a civil surgeon(and required vaccinations). And then you have to sign a binding financial document attesting and proving you're above poverty guidelines and that the government may reimburse you if your spouse becomes a puplic charge.

[rade2rising 205]

well from what you are saying then yes get married and adjust status. simple as that. to send her back is really crazy. don't let her leave.

[Pete&Zoi 0]

Thank you guys for the information!! I am feeling much less frustrated now. This forum is full of nice and helpful people...

[jaycali 415]

Get Married... Have her return without an Overstay then file for a spousal visa. No ... she cannot stay on a Visitors Visa.

She can adjust status on a tourist visa - it's not the safest bet, but it's fully possible.

That is correct, she was not my GF before she came to the US. We met through a friend of the family. So there is no way to have her stay here (legally that is) until we complete the process.

Yes. As long as she legally entered on a visa, she can adjust status. The key here is what her intention was at the time she entered the US.

If her intention was to visit, and go back to Nicaragua before her visa expired, then that is fully legal.

If her intention was to enter on the tourist visa, get married and stay, then that's fraud and very illegal.

If her visa expires next month, it sounds like she has already been here for a while and you're in the safe zone, as far as preconceived intent go. You can get married, have her return to Nicaragua and then start the I-130/CR-1 process - This will take about 6 months to a year, and there's no guarantee she'll be let back in as a visitor during that time.

Or,

She can stay in the US, you can file an I-130 in conjunction with I-485 and an optional but recommended I-751 (for work authorization) and I-131 (for advance parole.. Lets her leave the country and come back while the process is ongoing). This will take about 6 months, but she won't have to leave. She will not be in the country unlawfully if you file before the date stamped on the white I-94 slip in the back of her passport.

Edited October 3, 2012 by jaejayC

[Teddy B 17,252]

WRONG. It is perfectly permissible for a person to get married on a tourist visa and adjust status if they had no immigration intent when they entered. The OP didn't even know his now-fiancee when she entered the country. There is no overstay here, and even if there were it would be forgiven during adjustment of status.

OP, get married and adjust status. After you are married, your soon-to-be-wife cannot leave the country during the processing of the adjustment of status. I recommend you start looking for more info in this forum: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

It is not only possible for the OP to do this, it is desirable. He has the opportunity and he should do it! Less time, less money, no time apart.

Good luck. Pete&Zoi!

This is correct.

[Pete&Zoi 0]

What initial forms do I need to file to have her stay here with me? Her visa expires on Nov 6th and I might have to travel for work before that. So we get married and after that what do I need to provide to USCIS?

Thanks.

[Ontarkie 14,236]

~~~~Moved to Adjustment of Status from Work, Student, & Tourist Visas ,From Tourist Visas~~~~ Since you are planning on going this route this forum is much better to ask your questions, the guides above are very helpful.

[Hypnos 6,576]

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2