Boyfriend here on tourism visa, want to get married. Need help!

[Olivia B 0]

Hello!

I have been looking on the site about cases similar to mine, but all of the information is from last year or before and there are a lot of conflicting ideas.

This is my situation: I met my fiance almost two years ago in Ecuador. I had to leave Ecuador this May due to visa issues. He has a B-2 multiple entry visa for five years to the US and can be here for six month periods. He is here with me now and we would like to get married. Is it possible to get married here in the US and then for him to adjust his visa without going back to Ecuador?

Some posters say it is fraud, others say it is possible. I really, really don't want to jeopardize the visa he has now or his future ability to come to the US, but it would be much easier if he didn't have to leave the US early and then come back when the papers are finished.

Please let me know if you have current information. Thanks so much!

Olivia

[JohnR! 5,495]

Yes, you can get married and he can stay, provided you are a US citizen.

Here are the forms ---> http://www.visajourney.com/content/downloads

and guidelines: ---> http://www.visajourney.com/content/guides

Good luck,

[Boiler 46,198]

You have to bear in mind that a lot of people who post do not know their ####### from their elbow.

Just follow the links above.

[dwheels76 5,469]

Hello!

I have been looking on the site about cases similar to mine, but all of the information is from last year or before and there are a lot of conflicting ideas.

This is my situation: I met my fiance almost two years ago in Ecuador. I had to leave Ecuador this May due to visa issues. He has a B-2 multiple entry visa for five years to the US and can be here for six month periods. He is here with me now and we would like to get married. Is it possible to get married here in the US and then for him to adjust his visa without going back to Ecuador?

Some posters say it is fraud, others say it is possible. I really, really don't want to jeopardize the visa he has now or his future ability to come to the US, but it would be much easier if he didn't have to leave the US early and then come back when the papers are finished.

Please let me know if you have current information. Thanks so much!

Olivia

Well adjustment of status is being slow slow so if he has a year to wait for green card (he will get EAD to work within 90 days of you filing adjustment of status however) then go for it.

[ValerieA 350]

Well adjustment of status is being slow slow so if he has a year to wait for green card (he will get EAD to work within 90 days of you filing adjustment of status however) then go for it.

I think you will find that AOSing from a non-K visa takes more like 3-5 months. I just checked the April filers thread and they are already getting interviews and approvals.

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[MacUK 983]

As long as he's aware and prepared that he wont be able to go back to Ecuador for about three months if he has any loose ends that need tidying up

[Mollie09 1,543]

I think you will find that AOSing from a non-K visa takes more like 3-5 months. I just checked the April filers thread and they are already getting interviews and approvals.

We filed AOS in April and I already have the green card in my hand. It depends heavily on the local office, though.

It also took them 87 days to approve my AP/EAD, so keep that in mind. He has to get the AP/EAD combo card to be able to work and leave the country when AOSing from B2.

[Cathi 5,794]

As long as you didn't have intent to marry and adjust status before he traveled on his b-2 you can adjust status. Follow the guides above

[Nick&Diane 32]

You would only be committing fraud if he entered the US on his visitor visa with the intention of marrying and adjusting status.

If he does not leave the US and you get married then he can legally adjust status.

He can also marry you on a visitor visa and leave the US. In this case you would file for a spouse visa (CR1).

[Boiler 46,198]

Told you!

[Jhalil&Mandy 15]

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.

It says that right on the guide page on here. So if you want to do this, you need to be able to prove that you decided while he was visiting that you absolutely did not intend to get married before he flew to the U.S.

Otherwise he could and will be deported if they deem it to be fraud and he won't be able to re-enter the U.S anywhere from 5 to 10 years.

[Boiler 46,198]

It says that right on the guide page on here. So if you want to do this, you need to be able to prove that you decided while he was visiting that you absolutely did not intend to get married before he flew to the U.S.

Otherwise he could and will be deported if they deem it to be fraud and he won't be able to re-enter the U.S anywhere from 5 to 10 years.

Please do not post about topics you know nothing about.

[JohnR! 5,495]

Suggestion: Instead of wasting time asking others not to post, why not take the time to explain why you disagree and where you thing the poster is deriving an incorrect opinion. Everyone could learn from an explanation, including yourself.

Taking the time to explain to someone where you believe they are incorrect might help. As it turns out, rudeness contributes less than the post you deem incorrect.

(@Mods: Feel free to delete this post when you get around to cleaning this thread.)

Edited July 13, 2014 by JohnR!

[JohnR! 5,495]

It says that right on the guide page on here. So if you want to do this, you need to be able to prove that you decided while he was visiting that you absolutely did not intend to get married before he flew to the U.S.

Otherwise he could and will be deported if they deem it to be fraud and he won't be able to re-enter the U.S anywhere from 5 to 10 years.

What you say is correct and if everyone were to play by the book that is what they should do. However the entire premise relies on 'intent', which is hard to prove, and according to a ruling in 2013(?) intent alone is not a reason to deny AOS for anyone who has entered on a non-dual category visa and decided to get married once stateside. As the US legal system works, in order not to deny the privilege to those who were not intent on defrauding the system, everyone gets a pass on this one. It is virtually impossible to prove intent.

In the grander scheme of things, the USCIS is so overloaded that this type of AOS really is not being denied on intent alone, but in some cases further evidence of a bonafide relationship may be required. These are the cases you hear about the USCIS showing up at the home of the couple to check if they are in fact living together, etc.