What would be the right move?

[hope-love 0]

Hi Everyone,

So I have a friend that lives in the U.S , she just filed for her citizenship. Her boyfriend lives in Jamaica and he has a ten year visitor visa. They want to get married, he is coming up here in January. The question is what would be the right move. Should he marry her and stay in the U.S or marry her then go back home ? If he marries her then leave , would he still be able to travel back here while they put in the paperworks. Thanks

[msbau764 245]

Hi Everyone,

So I have a friend that lives in the U.S , she just filed for her citizenship. Her boyfriend lives in Jamaica and he has a ten year visitor visa. They want to get married, he is coming up here in January. The question is what would be the right move. Should he marry her and stay in the U.S or marry her then go back home ? If he marries her then leave , would he still be able to travel back here while they put in the paperworks. Thanks

coming to the US with a vistor's visa with the intention to marry and adjust status is fraud.

yes, he would be able to visit while his papers are in process although the discretion is up to the officer at the Point of Entry. If he has a history of going and coming back to the US frequently he is less likely to be denied entry while his application is in USCIS purgatory.

[Pinkrlion 2,724]

They can marry while he is here on visitors visa, but he will have to return to JA. He will still be able to visit. If he comes to get married as the sole purpose for his visit and remain in the US is what they mean by immigration fraud.

[Ryan H 3,834]

Moved from IR-1/CR-1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.

[hope-love 0]

Thanks for the response everyone

[abg 25]

A citizen of the US can marry a non resident in the US and file the necessary application for their spouse to remain in the US permanently without them leaving. The process is called adjustment of status (AOS).

[msbau764 245]

A citizen of the US can marry a non resident in the US and file the necessary application for their spouse to remain in the US permanently without them leaving. The process is called adjustment of status (AOS).

it is also called fraud.

[Pinkrlion 2,724]

A citizen of the US can marry a non resident in the US and file the necessary application for their spouse to remain in the US permanently without them leaving. The process is called adjustment of status (AOS).

Only if they already have a current legal status, what they are saying is immigration fraud.

[I AM NOT THAT GUY 5,715]

it is also called fraud.

You can call it whatever want. The USCIS does allow it and the procedure is outlined on this site, if a non-immigrant finds oneself married to US citizen while in the US. However, to encourage anyone to do so with a specific intent before they marry would violate the TOS of this site.

[I AM NOT THAT GUY 5,715]

Only if they already have a current legal status, what they are saying is immigration fraud.

Don't even need a legal status, only that they entered the US lawfully, with certain exceptions (fiancee visa holders may only adjust with the person they submitted a letter of intent to marry).

[NikLR 13,232]

Lets not push the TOS okay? It is immigration fraud to lie to the CBP to use a non-immigrant visa (aka, visitor, work, student visa) to gain access to the USA to marry and adjust your status. Because visiting is allowed during the CR1 or K1 process, those would be current legal routes for the OP's friend's boyfriend to take. Should matters spontaneously change when he is in the USA, they may pursue other paths that are available to them. However there are pros and cons to each route chosen and that should be discussed between the couple.

I suggest the OP direct her friend to the comparison guide here on VJ.

[Ryan H 3,834]

~~Given the current circumstances as laid out by the OP, there will be no further discussion of Adjustment of Status in this thread per the below quoted provision of the TOS. Any additional post disregarding this post will result in Administrative Action.~~

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

[Ryan H 3,834]

**Five derailing posts removed; either answer the OP's question about the proper visa process to pursue or do not post.**