Marrying a US Citizen with Tourist and Student Visas

[greenpeace 0]

Hi! I got my tourist visa along with my family in 2009. Since then, I visited the US every year (aside from 2011) to visit my brother who is a resident because he doesn't go home as much. This year, I applied for a student visa and I got approved. I went to law school and I was doing really well. However, I had a hard time with my loans because my dad stopped supporting me because we had a huge fight. I was doing really well in law school but I decided to stop because I can't get my loans approved. I met my boyfriend in the place where I was attending law school even before all my financial issues. We started dating before I decided to drop out. So I went back to the Philippines before the 15-day grace period ended, since I ended up dropping out from the law school. I talked to the immigration lawyer from the school and he told me that my tourist visa won't be affected as long as I go back to my home country before the grace period ends.

I went back home and was forced to work with my father for reconciliation. My boyfriend and I are still on a long distance relationship, and he just bought me a ticket to spend New Year's with him in the US. However, my boyfriend just proposed and now I have a problem because I am not sure if I can apply for change of status from tourist visa because I was a student drop out. My old F1 visa might affect my application for residency and I don't want my fiancé to spend money for nothing. I have all sorts of ways to prove that our relationship is genuine but I am still nervous because of my previous student visa.

Any tips?

[Leo7777 243]

Are you saying you have a tourist visa to enter the USA for several years and it still has time left on it now?

And, you also have a F-1 visa?

This is always very controversial here, but it seems your problem will be that you intend to re-enter the USA on your valid tourist visa while having the intent to marry and apply for AOS.

If you tell at entry point you intend to marry while on the tourist visa . . . then you are supposed to be denied entry to USA.

If you do not tell of intent to marry when you re-enter USA on the tourist visa . . . then you will be in the fraud situation.

I don't see that the prior or maybe still existing F-1 visa will play any role in this.

Others may have a different opinion.

[HollyGolightly 72]

I agree with Leo, your prior F-1 visa will not affect your intent to adjust status. However, your intent to enter the US using B2 so you can marry may be questioned. If you disclose this at POE you will be denied entry. If you lie, marry and then adjust status, you could be liable for fraud. You have the option to go the K1 route or CR1 and adjust status from those visas if you want to do it the right way.

Edited December 5, 2013 by HollyGolightly

[Harpa Timsah 13,258]

It is illegal to enter the US on a tourist visa with the intent to immigrate. Lying carries a lifetime ban.

Edited December 5, 2013 by Harpa Timsah

[greenpeace 0]

That is good to know. Then we can at least postpone our wedding. I have my return ticket ready and I will only be staying for a couple of months, we are just keeping our options open. But since my student visa has nothing to do with my tourist visa (which is valid until 2019), then I guess I am all set.

Thank you for your replies!

[sweet cakes 326]

That is good to know. Then we can at least postpone our wedding. I have my return ticket ready and I will only be staying for a couple of months, we are just keeping our options open. But since my student visa has nothing to do with my tourist visa (which is valid until 2019), then I guess I am all set.

Thank you for your replies!

I have read here of some girl who got married in US while on a tourist visa. Seems like that is not illegal. However, you can't adjust your status (as everybody above said) while in US using that tourist visa. Obviously, that will give you a denial upfront and might be a probable cause for a visa fraud offense. You have to go back to Phils while your spousal visa is being processed, that is, if you plan to go this route. Or you can go through the K-1 (fiancee) visa process after visiting him in US.

Btw, in my opinion, it's not advisable to inform the US immigration officer that you plan to get married in US using a B1/B2 visa.

Ergo, I think it will be fine for you to spend the Holidays in US with your fiance. It may just be a little tricky for you upon entry. But I suppose, you have other reasons for spending the holidays in US, right?

Edited December 5, 2013 by sweet cakes

[HollyGolightly 72]

I have read here of some girl who got married in US while on a tourist visa. Seems like that is not illegal. However, you can't adjust your status (as everybody above said) while in US using that tourist visa. Obviously, that will give you a denial upfront and might be a probable cause for a visa fraud offense. You have to go back to Phils while your spousal visa is being processed, that is, if you plan to go this route. Or you can go through the K-1 (fiancee) visa process after visiting him in US.

Btw, in my opinion, it's not advisable to inform the US immigration officer that you plan to get married in US using a B1/B2 visa.

Ergo, I think it will be fine for you to spend the Holidays in US with your fiance. It may just be a little tricky for you upon entry. But I suppose, you have other reasons for spending the holidays in US, right?

Yes, one can adjust status in the US while on B2. I adjusted from B2. What is wrong is coming into the US on a B2 WITH INTENT TO MARRY AND IMMIGRATE. This is tantamount to fraud and will result in a possible (lifetime) ban.

Not informing Immigration of your intent to marry when asked at POE is also fraud and may also result to a ban.

This advice is potentially harmful and irresponsible.