friend here on tourist visa, wants to marry

[zed2283 1]

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.

Not really, but thanks to the other helpful replies.

[rade2rising 205]

Read the guide and file the forms. Give the advise to your friend. Nothing to worry about.

[lost_at_sea 995]

Well it basically says don't get married if here with a tourist visa.

Does it say that? No, not really. It says something more specific than that.

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.

You said your friends did not have intent to marry and immigrate. So... As I say, that is the correct guide and you simply need to have them read and follow it.

[zed2283 1]

Does it say that? No, not really. It says something more specific than that.

You said your friends did not have intent to marry and immigrate. So... As I say, that is the correct guide and you simply need to have them read and follow it.

Ok, fair enough. Thanks for the help

Looking at the I-485, Part 2 asks for the application type. Would she go with h. other basis of eligibility? Then add an explanation such as "entered on tourist visa and decided to marry" or something like that? Maybe something a little more delicate?

Oh, and don't ask me why I'm doing all this and not her freaking boyfriend...

[Selah 1]

Looking at the I-485, Part 2 asks for the application type. Would she go with h. other basis of eligibility? Then add an explanation such as "entered on tourist visa and decided to marry" or something like that? Maybe something a little more delicate?

She would do A not H.

[KASH2011 382]

....., but it seems as though she doesn't have any intention of leaving .....

How so??

[Ketsuban 1,034]

They can't deny based on intent alone. They would also have to suspect a fraudulent relationship, so make sure she sends plenty of evidence of a bonafide marriage.

Since she's here on a tourist visa and not the VWP, she can also appeal if the AOS is denied, rather than being shipped back to her country of origin without so much as a "hey, wait a sec-"

[Cathi 5,794]

They can't deny based on intent alone. They would also have to suspect a fraudulent relationship, so make sure she sends plenty of evidence of a bonafide marriage.

Since she's here on a tourist visa and not the VWP, she can also appeal if the AOS is denied, rather than being shipped back to her country of origin without so much as a "hey, wait a sec-"

there is no appeal if denied on AOS from a tourist visa

[ricnally 259]

Your friend should also bear in mind that if she plans to stay and AOS that it will take some time and she won't be able to leave without her Green Card or AP. Good to bear in mind if she did indeed have no intent to marry--she must have things to "wrap up" back home,no? (job, apartment, car etc.) which she won't be able to do till she's legal to travel and re-enter the US.

[Jamie & Izzy 98]

I myself after visiting my husband in the US got Married (and it was not planned) it does happen,but that was after visiting each other quit a bit, and second time i visited him we decided to get Married in the last weeks of my almost 3 month visit because we were already Engaged and that`s also when we found out he would have to convert to Islam if we wanted to get Married in Morocco,I myself i`m not a Muslim so it would be a big lie,so we decided to do it in the US ,but i`m home now doing it the right way filing the I130 so i can live with my Husband again .

Izzy

[Ketsuban 1,034]

there is no appeal if denied on AOS from a tourist visa

Maybe I'm wording it wrong, but don't B1/B2 entrants at least get the opportunity to be heard by an immigration judge before deportation? VWPs are just thrown straight out.

[Harpa Timsah 13,258]

Maybe I'm wording it wrong, but don't B1/B2 entrants at least get the opportunity to be heard by an immigration judge before deportation? VWPs are just thrown straight out.

B2 (or any visa) gets appeal, VWP (which is not a visa and specifically waives your right to appeal by using it) does not. Canadian visitors get appeal because they enter under the terms of a B2 without having to apply for the visa.

[Virtuous45 31]

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.

This section of the Guide is so clear. Before reading anything else, once you read the warning, consider yourself duly warned if you fail to comply with what is written below.

I think it probably would be hard for your friend to prove that she didnt intend to marry while on a tourist visa, in light of the fact that she was cautioned about it before by you, before she actually got there.

[zed2283 1]

Well I did read somewhere about a 30/60-day rule? If someone gets married prior to being in the country 30 days on a tourist visa they are suspected of fraud, whereas if they get married after 60 days it's seen as more legit. Not sure I have the numbers right, but that was the general idea. She arrived around November 13th, so I'd say she might be given more leeway having been here 3 months (if that "rule" is true to begin with).

[zed2283 1]

She would do A not H.

A is "An immigrant petition giving me an immediately available immigrant visa number that has been approved."

She wouldn't have any such petition or approval with a tourist visa, right?