friend here on tourist visa, wants to marry

[zed2283 1]

A friend of mine is here on a tourist visa visiting her boyfriend. She arrived in mid-November and did not have the intention of marrying. However, they have decided they do not want to part so they are talking about getting married. I know this is not the way it's supposed to be done, etc. but I am trying to help them out, as I have been through the K-1 process before.

So if they marry, do they file an I-485? I can't figure out what forms need to be submitted. Any help would be appreciated.

[Penguin_ie 5,997]

**** Moving from Tourist visa to AOS from Tourist Visa forum ****

[lost_at_sea 995]

There's a guide here that your friends can follow: http://www.visajourney.com/content/i130guide2

[ManCharsey 254]

Don't mind Rhettvoe lol. Follow the guide and you will be fine

[f&c 50]

Here we go again...lol

[zed2283 1]

I can't say I disagree RhettVoe, I'm just relaying how it was told to me. I even asked her while she was going through the tourist visa process if she was sure she wasn't going to get married, that it would be better to go K-1 if she was, etc. and she told me at that time as well that she was not planning to get married. So I don't know...

[zed2283 1]

There's a guide here that your friends can follow: http://www.visajourney.com/content/i130guide2

So it looks like the I-130 is the only one that needs to be filled out?

Also, I know with the K-1 you can overstay your visa if you have filed for the AOS. Is it the same with the tourist visa, or will that be an issue?

[Harpa Timsah 13,258]

So it looks like the I-130 is the only one that needs to be filled out?

Also, I know with the K-1 you can overstay your visa if you have filed for the AOS. Is it the same with the tourist visa, or will that be an issue?

No....

Did you read the guide? You have to go by more than the title of the link...

[zed2283 1]

No....

Did you read the guide? You have to go by more than the title of the link...

I did skim through it, and most of it seems non-applicable or "optional." It doesn't seem to be as straightforward as I remember the K-1 process to be.

I-485 for AOS... I'm actually not sure what the I-130 is for. A petition for what? Fill out both or just one?

[lost_at_sea 995]

Read, don't skim. Everything you need to know is in that guide.

Edited February 10, 2014 by lost_at_sea

[zed2283 1]

Read, don't skim. Everything you need to know is in that guide.

Well it basically says don't get married if here with a tourist visa. If you do, then you have to leave. I already know that much, but it seems as though she doesn't have any intention of leaving so I'm trying to figure out what can be done. It says something about a waiver but I don't see the waiver linked anywhere.

Not trying to be difficult, but I'm not sure if this guide applies to her particular situation.

[aussie_jason 195]

That part of the guide needs to be updated, ignore that warning and the rest applies. They need both I-130 & I-485 and all the supporting forms with I-131 and I-765 being optional but recommended.

[Harpa Timsah 13,258]

Well it basically says don't get married if here with a tourist visa. If you do, then you have to leave. I already know that much, but it seems as though she doesn't have any intention of leaving so I'm trying to figure out what can be done. It says something about a waiver but I don't see the waiver linked anywhere.

Not trying to be difficult, but I'm not sure if this guide applies to her particular situation.

That is the correct guide. You have to scroll down to read it all. You can bring a horse to water, but you can't force it to drink.

[Terry J 50]

People can have zero intent to get married/immigrate initially and change their mind after they have entered the US. If this was truly the situation then your friend is free and clear to remain in the US and file AOS after they are married. However they may be subjected to close scrutiny at the interview. Having proof of intent to return/change in circumstances always helps).

The entire situation is hinged on the intent of the visitor at the point of entry.

For those that did have the intent to immigrate at POE, lied about it when directly asked by the IO if they plan to get married or other such direct questions and then filed for AOS, can be subject to a misrepresentation (fraud) charge and that would require a waiver if the AOS is denied on those grounds.

Some have intent at POE and because the IO at the point of entry never asked them any direct questions they actually get away with it, file for AOS and get their green card without issue. People abuse the system without a doubt but I'm not about to get into that. This issue has been debated to death on VJ...

As you already know, your friend also has the option of returning to her home country before her visitor visa expires and have her now fiancé file for a K-1 visa.

If they do get married, she can still return home and her husband can file for a CR-1 visa. The deal is that she cannot live with him in the US until she obtains the visa.

So read the guide 100% as many have already suggested and your friend will need to decide what is the best course of action. You can suggest them to get a consult with an immigration lawyer or better yet a legal advocacy organization.

[Merrytooth 5,748]

That part of the guide needs to be updated, ignore that warning and the rest applies. They need both I-130 & I-485 and all the supporting forms with I-131 and I-765 being optional but recommended.

BE WARNED:

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

Which part in the warning should be removed?