non usa visiting usa on tourist visa getting married

[pepper44 18]

I am not sure there is a topic on this already. If so sorry but my question is this..

I know that if someone visits the us on a tourist visa and gets married they look at some of the factors as fraud. (him coming here to get married not just to visit)

I found out the guy I am dating is going to be coming to the states in april by someone else inviting him (friend) What if we ended up by chance getting married when he is here? Not saying it will happen but what if?

Would he be able to stay here and not have to return or would he still need to return back to his country and I would have to file a k3 visa?

[aleful 1,905]

hi

getting married is not the problem, adjusting status with the intent to stay here is.

so you can get married and return to your country and then your spouse file the i130 for spousal petition.

k3 is obsolete, you would file the i130 for the CR1 visa

[Tintin and Mike 127]

If you two have met within two years, I say go ahead and file for K1 now instead of waiting until April. By then you'll be about 4 months ahead of the game already

[JayJayH 546]

Three scenarios:

1. Jane wants to visit the US to visit her boyfriend John for one month. CBP asks Jane "what is the purpose of your trip to the US today?" Jane respons truthfully "I am visiting my boyfriend for one month." CBP is satisfied that her intent is to visit for one month, so she is admitted. One week after her entry, John proposes to Jane. Jane says yes, and they get married. They decide that Jane should stay in the US with John, and they adjust her status. No problem. All legal.

2. Jane wants to enter the US to visit her boyfriend John. Their intent is to get married, and then file for adjustment of status. CBP asks Jane what is the purpose of your trip to the US today?" Jane responds truthfully "I am visiting my boyfriend. We're going to get married, and then we'll legally adjust my status." CBP is now forced to deny her entry, and return her on the next flight home. Why? She did not do anything illegal. However, pursuant to INA 214(b) it is not allowed to enter the US on a tourist visa with intent to stay in the US. Since she intends to legally adjust status, she cannot enter on a tourist visa. CBP will tell Jane to come back with a K-1 fiancée visa - the only visa specifically designed for her situation.

3. Jane wants to enter the US to visit her boyfriend John. Their intent is to get married, and then file for adjustment of status. CBP asks Jane what is the purpose of your trip to the US today?" Jane, knowing the truth will get her returned home, responds "I am visiting my boyfriend for one month." - Jane just lied to an immigration officer. She has committed what is referred to as willfull material misrepresentation, a crime punishable by a lifetime bar from re-entry. Basically one of the worst crimes an immigrant can get convicted of immigration wise.

It all comes down to intent the moment he enters the US. In scenario 1, Jane adjusted status and did not lie to the CBP when she said she intended to visit for one month. Her decision to stay in the US came after entry. No crime committed. In scenario 2, she committed no crime, but was denied entry pursuant to INA 214(b) because she tried to immigrate on a non-immigrant visa. In scenario 3, she committed fraud by lying to an immigration officer.

It should be noted to all readers that even if the CBP does not specifically ask what the purpose of travel is - it is assumed by default that anyone entering as a tourist is aware that they cannot immigrate. In other words, if CBP had simply only asked Jane in scenario 3 "where are you going?" and she answered truthfully "Texas" - it is still considered fraud to enter on a tourist visa with intent to immigrate.

The purpose of a tourist/visitor visa is to visit the US. People are by default expected to know this.

Edited December 12, 2013 by Yang-Ja

[MacUK 983]

I do love some of the posts on here.

What if I suddenly marry my boyfriend while he's in the States on a B2?

There's no intent to marry when he arrives in a few months but what if!

Only my personal completely uneducated opinion but I reckon that just simply asking that question implies that there is SOME intent to immigrate illegally.

Good thing it's an anonymous forum I'd say!

[Beau & Digna 5]

If you two have met within two years, I say go ahead and file for K1 now instead of waiting until April. By then you'll be about 4 months ahead of the game already

Does he already have his visitor visa for the April visit?

I'd be concerned about filing for a K1 simultaneously with a visitor visa in progress. I'd think one would cancel the other petition, or at least raise significant red flags. Does anyone have an idea on that?

Not to mention...visitor visas are very rarely issued to Cubans, but if he already has one in hand...Great work!

Edited December 12, 2013 by Beau & Digna

[Teddy B 17,252]

If you two have met within two years, I say go ahead and file for K1 now instead of waiting until April. By then you'll be about 4 months ahead of the game already

Op, If you're sure you want to get married, this is your best bet if you want to keep everything above board. It may be more difficult for your boyfriend to gain entry to the US with a pending K-1 application, but at least you'll be 4 months into the process and on your way to being together.

[pepper44 18]

thanks for the posts.. He already has an interview set up to visit but I did not file the petition. I didn't even know about it till last week when I was visiting him in Cuba. I have no intentions on marrying him when he is here (because id rather not mess any chances up or have him revoked from ever coming back to the us) (my luck works in the best way- he would be deemed as a liar and sent back to cuba for good) and even if we do marry when he is here he still would go back home no matter what.

I guess my question was really if we did get married when he was visiting would he still have to go back home or could he stay.

either way I have not filed the k1 visa yet because I am currently looking for work and cannot file without income. I do not want to get a co sponser ( I can but Id rather not).

[JohnR! 5,495]

I am not sure there is a topic on this already. If so sorry but my question is this..

I know that if someone visits the us on a tourist visa and gets married they look at some of the factors as fraud. (him coming here to get married not just to visit)

I found out the guy I am dating is going to be coming to the states in april by someone else inviting him (friend) What if we ended up by chance getting married when he is here? Not saying it will happen but what if?

Would he be able to stay here and not have to return or would he still need to return back to his country and I would have to file a k3 visa?

Regardless of who invited him he must have disclosed his girlfriend lives in the US, so his visa was issued under the presumption he is not coming to the US under false pretense to visit a friend, when he is in fact coming to marry you. Otherwise, how will he explain to immigration that he spontaneously decided to marry his US girlfriend, the existence of whom he forgot to mention during his visa application?

You should do what you will but if you want to do things by the book, get married, file for his I-130 and have him return home before his I-94 expires so that he can complete the CR1 process and return to the US with the proper resident visa.

Good luck!

Edited December 12, 2013 by Gegel

[JohnR! 5,495]

either way I have not filed the k1 visa yet because I am currently looking for work and cannot file without income. I do not want to get a co sponser ( I can but Id rather not).

That requirement will not change regardless of whether you file for K-1 or CR-1 or do the AOS stateside or not. You will have to have a sponsor in order to get him his residence. There is no way around that requirement.

[pepper44 18]

I know he will need a sponser. I was clearly stating I have not filed the k1 yet because I am not working and I would be his sponser. So therefore I am waiting to file (once I get a job). I will file then.

As for him visiting and us getting married. It wont happen. I think the k1 visa route is quicker. I also have no clue about the k3 or i130 process. Ive only read up on the k1 i-129f process and have all the documents for that.

Thank you everyone for all the responses. I simply was trying to find the easiest, quickest route with less hassle, stress, wait time and paper work. I am not trying to do anything illegal though to jepordize our chances of being together.

[Sarah&Michel 6]

As a Cuban, he can always apply for the Cuban Adjustment Act once he is in the US. You can always marry later on down the road.

[calygirl75 12]

As a Cuban, he can always apply for the Cuban Adjustment Act once he is in the US. You can always marry later on down the road.

[pepper44 18]

Cuban adjustment act.. mmhh never heard of that one. I read up on other adjustments but hey didnt match the criteria for those.

I'll have to google this.

Thanks! :-)

[JayJayH 546]

Cuban adjustment act.. mmhh never heard of that one. I read up on other adjustments but hey didnt match the criteria for those.

I'll have to google this.

Thanks! :-)

The United States considers Cuba such a horrendous, despicable and inhumane place that the US refuses to deport anyone to Cuba - citing that it would be like dooming someone to lifelong agony and torture if they have to live there.

No, I'm not joking.

In essence, any citizen of Cuba (without a serious criminal history) who has been in the US for at least one year (legally or illegally) is eligible to adjust status, simply because the US will not deport anyone to "that imprisoned island." So much agony does the US gov't consider Cubans to be in, that to adjust status under the act, there is no requirement that the person entered legally, nor is there a public charge requirement. Only citizens of North Korea are considered equally tormented.

http://en.wikipedia.org/wiki/Cuban_Refugee_Adjustment_Act

Edited December 14, 2013 by Yang-Ja