Tourist Visa Marriage

[warmthoughts 0]

My fiancee is from Peru. What will happen if I marry her while she is here on a tourist visa and then she doesn't return to her country, but instead stays here with me? Will she then be able to later get a greencard and become eligible for work? Can she eventually become a citizen if she doesn't return to her country?

[bebop + rocksteady 0]

Doesn't return ever? Or doesn't return until the end of her vistor's visa?

Biiiiiiig difference.

Cass (bebop the great)

...and then she doesn't return to her country, but instead stays here with me?

[warmthoughts 0]

My fiancee is from Peru. What will happen if I marry her while she is here on a tourist visa and then she doesn't return to her country, but instead stays here with me? Will she then be able to later get a greencard and become eligible for work? Can she eventually become a citizen if she doesn't return to her country before the time indicated by her Visa?

[NatyLaloPeru 0]

First of all - it is a LOT harder to get a tourist visa from Peru than a fiancee visa. Second of all if she did get a tourist visa and then stayed in the US past the expiration of her tourist visa, it will only create more problems for you to get her a green card and your risk of getting denied will be much higher.

Safest and easiest way to go is the k1 fiance visa or get married in Peru and do the k3 visa.

[TracyTN 237]

Never mind.

Edited January 18, 2007 by TracyTN

[warmthoughts 0]

My fiancee is from Peru. What will happen if I marry her while she is here on a tourist visa and then she doesn't return to her country, but instead stays here with me? Will she then be able to later get a greencard and become eligible for work? Can she eventually become a citizen if she doesn't return to her country?

My fiancee has a tourist visa already, and we will try a fiancee visa first, but if it doesn't work I want an alternative so that somehow we will be together!! Its why I am trying to find out if its possible for her to overstay her tourist visa and become a citizen here simply by being married with me and because she resides here since she didn't return to her country for a few years time? Can she become a citizen eventually this way?

[bebop + rocksteady 0]

Those are four dirty words when it comes to the immigration/naturlization process.

Cass (bebop the great)

...overstay her tourist visa...

[athena_ny 1]

My husband is Peruvian and we're adjusting from tourist visa status - and I will tell you that the only reason we are is it became our only option due to him overstaying his visa due to a lawsuit and other circumstances. And it's going to be more difficult for us because of our situation - first the tourist visa then some other facets. If I could have, I would have gone the K1 route. It means being separated, but while being separated for a while sucks, it doesn't as much as being examined under a microscope for visa fraud. Overstays are generally forgiven by marriage to a USC (even say its on the USCIS website...) as is working without authorization but ... doing AOS from tourist status adds another element to stress about. If she hasn't overstayed yet, I'd advise K1 ... or like NatyLaloPeru said, get married in Peru if possible, and then do the K3.

First of all - it is a LOT harder to get a tourist visa from Peru than a fiancee visa. Second of all if she did get a tourist visa and then stayed in the US past the expiration of her tourist visa, it will only create more problems for you to get her a green card and your risk of getting denied will be much higher.

Safest and easiest way to go is the k1 fiance visa or get married in Peru and do the k3 visa.

[athena_ny 1]

99.9% of what I've read here and elsewhere reads that overstays are forgiven through marriage to a USC.

Those are four dirty words when it comes to the immigration/naturlization process.

Cass (bebop the great)

...overstay her tourist visa...

[bebop + rocksteady 0]

I thought that was for overstays PRIOR to the marriage. The OP is talking about an overstay after the marriage, and beyond that, intent to overstay. I'd figure that would be a big ole no-no. But, with a Canadian fiance, I don't know much about visas other than the K1, so I could be wrong.

Cass (bebop the great)

99.9% of what I've read here and elsewhere reads that overstays are forgiven through marriage to a USC.

Edited January 18, 2007 by bebop + rocksteady

[athena_ny 1]

I wish I only knew about the K1. My husband overstayed due to a lawsuit over his father's death (preventable, FL state laws not enforced), and in one of the OP's commments he seems to think that if his fiancee can't get the K1, it's a legal way to do things, which it's not. Some people's interview experiences they have been questioned on why they overstayed, why they worked without authorization, in other people's, they've said it wasn't even mentioned. Probably depends on who interviews you.

PS I know you from LJ - loversfaraway and ldr_support

I thought that was for overstays PRIOR to the marriage. The OP is talking about an overstay after the marriage, and beyond that, intent to overstay. I'd figure that would be a big ole no-no. But, with a Canadian fiance, I don't know much about visas other than the K1, so I could be wrong.

Cass (bebop the great)

99.9% of what I've read here and elsewhere reads that overstays are forgiven through marriage to a USC.

[bebop + rocksteady 0]

Hmm, so it sounds like, it'd be best to have a legitimate reason (and proof for those reasons) as to why the overstay occurred. I don't know if, "I just didn't want to go back" would suffice. Again, out of my realm on knowledge for sure.

*waves to another LJer*

I met my fiance on LJ!

Cass (bebop the great)

I wish I only knew about the K1. My husband overstayed due to a lawsuit over his father's death (preventable, FL state laws not enforced), and in one of the OP's commments he seems to think that if his fiancee can't get the K1, it's a legal way to do things, which it's not. Some people's interview experiences they have been questioned on why they overstayed, why they worked without authorization, in other people's, they've said it wasn't even mentioned. Probably depends on who interviews you.

PS I know you from LJ - loversfaraway and ldr_support

[Miranda&James 8]

My fiancee is from Peru. What will happen if I marry her while she is here on a tourist visa and then she doesn't return to her country, but instead stays here with me? Will she then be able to later get a greencard and become eligible for work? Can she eventually become a citizen if she doesn't return to her country?

My fiancee has a tourist visa already, and we will try a fiancee visa first, but if it doesn't work I want an alternative so that somehow we will be together!! Its why I am trying to find out if its possible for her to overstay her tourist visa and become a citizen here simply by being married with me and because she resides here since she didn't return to her country for a few years time? Can she become a citizen eventually this way?

That right there is a BIG NO NO. If she first came here on a tourist visa, you guys have a great time etc etc and decide, hey, let's get married, then that is ok. You did not have any intent when she came over here to get married. However, if she comes here on a tourist visa, you guys decide you want to get married, then she goes back to Peru and you file for K1 fiance visa, and then decide "hey this is taking too long" and come into the USA and get married then you are doing something illegal. The whole thing is the intent, if you come into the USA without a valid marriage visa (K3, K1, etc) with the intent to marry someone then you are committing a crime. Usually intent is hard to prove, but if you have filed for a K1 already and then jump the gun before it is approved and come into the USA and get married then there is some pretty convincing evidence with the US government that you came into the US without a valid visa with the intent to marry. Either get married and file for a K3 or another post-marriage visa or just be patient and get the K1. Either way you will have to spend time apart (unless you go live with her in Peru). Such is the hazard of marrying someone not from the USA.

-This is how I understand it to work but if I am incorrect then someone else feel free to let me know.

[sophyie 0]

Ok, lets see. If I understand correctly, you're asking if there is a way of adjusting status after getting married to you while being on a tourist visa. This way she would eventually end up with a green card and after a couple of years she could file for becoming a USC.

Theoretically speaking, there is.

BUT (and this is a BIG but!): her adjusting status after getting married to you while being on a tourist visa is legal only if there was NO intent of getting married when she entered the country on her visa.

You however are already talking about it, which means this wedding would NOT be spontanous.

Therefore, would be illegal.

There is a long thread on exactly this topic going on right now.

Go the K1 route.

My fiancee is from Peru. What will happen if I marry her while she is here on a tourist visa and then she doesn't return to her country, but instead stays here with me? Will she then be able to later get a greencard and become eligible for work? Can she eventually become a citizen if she doesn't return to her country?

My fiancee has a tourist visa already, and we will try a fiancee visa first, but if it doesn't work I want an alternative so that somehow we will be together!! Its why I am trying to find out if its possible for her to overstay her tourist visa and become a citizen here simply by being married with me and because she resides here since she didn't return to her country for a few years time? Can she become a citizen eventually this way?

[Kez/JWolf 6]

If you enter the USA on a tourist visa and you have no intention of remaining and then things change(marriage) you can file for AOS with no more risk than any other visa type who files for AOS... the only diffrence is you may be asked to show proof that you did indeed intend to return to your home country....

It is a accepted way of doing AOS and is in no way illegal or wrong as other on this and many other boards will have you belive... it all come down to your intent on entry... if you had it all planed to enter and then stay you would be commiting visa fraud... if you intended to return and then changed your mind after your entry then you can do AOS... a meeting with a good immigration lawyer is always a good thing to check your case over before filing...

There are many many people who have completed AOS from a tourist visa and are now Citizens...

Kez