US Resident Marrying Her Fiance

[Caribbean Lady 3]

My sister arrived in the US as a permanent resident. Her fiance arrived with her but he has a visitors visa. If they get married in the US before he overstay and she submit I130 for him, can he travel freely back and forth from the US to his country. He intends to not overstay. He has a visitors visa for 10 years but once he arrives in the US and they give him, lets say 3 months on his I90, can he come and go once he doesnt overstay?

Is there a penalty for coming to the US on a visitors visa and intend to marry a US resident? Do you need a waiver?

[Cathi 5,755]

if he came to the US with the intent to on a visitor visa, marry ,stay and adjust status holds a lifetime ban with no appeal and no waiver. However if they marry and he does not adjust status and goes home for the interview and does not overstay his visitor visa, that is legal

Edited April 23, 2013 by mimolicious

[JohnR! 5,495]

My sister arrived in the US as a permanent resident. Her fiance arrived with her but he has a visitors visa. If they get married in the US before he overstay and she submit I130 for him, can he travel freely back and forth from the US to his country. He intends to not overstay. He has a visitors visa for 10 years but once he arrives in the US and they give him, lets say 3 months on his I90, can he come and go once he doesnt overstay?

Is there a penalty for coming to the US on a visitors visa and intend to marry a US resident? Do you need a waiver?

He can come in as a tourist with the intention to marry. That is OK. It would be considered fraud if he did so with no intention of leaving the country after getting married. As your sister is not a US Citizen yet he would not be able to AOS stateside anyway. He can come visit, as a tourist, for as long as the CBP officers will let him. He should not misrepresent himself at the POE and always have some evidence that he works and resides outside the US, and of course, he should not overstay his I-94.

[kzielu 1,149]

if he came to the US with the intent to on a visitor visa, marry ,stay and adjust status holds a lifetime ban with no appeal and no waiver. However if they marry and he does not adjust status and goes home for the interview and does not overstay his visitor visa, that is legal

Did you notice a small fact that he got married to resident and can't adjust the status until his PD is current ? She isn't asking about adjusting the status and she seems to be aware of wait for PD to be current - all she is asking is whether he can go back and forth.

The answer is - yes, he can but at some point - with coming to US frequently, CBP may refuse entry.