I130 with a tourist visa

[Sulaimon & Brandy 20]

I need some guidance, I am planning to go to The Gambia to marry my fiancee. I understand I will come back to America to start the I130. Our question is this. If he has a visitors visa to America after we are married is it legal for him to come back with me, while the I130 is processing?

[ckurt 23]

I need some guidance, I am planning to go to The Gambia to marry my fiancee. I understand I will come back to America to start the I130. Our question is this. If he has a visitors visa to America after we are married is it legal for him to come back with me, while the I130 is processing?

Legally yes he can, but he has to go back once the visitors visa expires.

Does he already have the visa or he is thinking about applying for it?

[Shiobhan 235]

At POE he has to disclose his intent or he can get a misrepresentation in the future, lots of time if one cannot prove they will leave or the CBP do not believe so they are denied entry, however travelling with a job letter or lease to

prove intent to return home somethings gives a person a break, its best he visits and returns until his GC is approved, he can come in and stay but I know its not a great idea but theres a way to do that, someone else will come along and provide U info in that area.,good luck

[TBoneTX 45,324]

*** Thread moved from K-3 Process forum to General Immigration Discussion -- not a K-3 topic. ***

[Sulaimon & Brandy 20]

No he currently does not have a visitors Visa. We just dont want to make any mistakes that are unlawful.

[The Mean Lady 604]

At POE he has to disclose his intent or he can get a misrepresentation in the future, lots of time if one cannot prove they will leave or the CBP do not believe so they are denied entry, however travelling with a job letter or lease to

prove intent to return home somethings gives a person a break, its best he visits and returns until his GC is approved, he can come in and stay but I know its not a great idea but theres a way to do that, someone else will come along and provide U info in that area.,good luck

no he cannot come in and just stay

that would be considered fraud and no one should provide info on that

[canadian_wife 1,822]

Legally yes he can, but he has to go back once the visitors visa expires.

Does he already have the visa or he is thinking about applying for it?

Not totally correct. He may be given a tourist visa for 10 years, he may not stay in the US for 10 years!

He may stay in the US as long as he is authorized which can be from 1 day to 180 days but a person entering on a tourist visa is not likely to get longer than 180 days.

good luck

[WilliamAndre 1]

I'm in the SAME situation as the original poster, however I'm planning to marry my girlfriend here in the states. She has a visitor b2 visa for 10 years. The last time she came, she was granted 6 months to stay here. She left one month ago, but she'll be back in March. So my question is...can I marry her here in the U.S? She'll then return to Costa Rica for work, however we'll sign and send the I-130 form before she leaves. We plan on doing consular processing. From what I understand, once the I-130 gets approved, what's next???? She has to take a copy of the document to the U.S consulate in Costa Rica?