marriage on a tourist visa

[misterjames 0]

I visited my girl in her country and saw the sites and got aquainted. Im inviting her here to see my country. A 3 month visa is a long time to get together and anything can happen. We arent there yet, but if we married here on a tourist visa would she have to go back to process for a relative visa in her country?

[Kastrs 723]

Need a little more information here. What country is her country, and by your country you mean the US (right?). Does she already have a tourist visa? Are you a US Citizen?

[MacUK 983]

She cannot come to the US to get married and stay on a tourist visa.

That's immigration fraud

[misterjames 0]

Not trying to commit fraud. Its a hypothetical question. 3 months is a long time to be together and anything can happen. We arent close to marry yet.

Shes from the philippines, im in the u.s.

[Kastrs 723]

I believe the OP is stating if she were to come here and during that time they decide to get married, could they and would she be able to stay. Although more information is needed to answer the question, the law provides that in the case of a foreign national marrying a USC on american soil (without preconceived intent is generally the implication) the foreign national can adjust their status while in the US. This is a loophole which annoys many, but it exists.

Not trying to commit fraud. Its a hypothetical question. 3 months is a long time to be together and anything can happen. We arent close to marry yet.
Shes from the philippines, im in the u.s.

Yes but are you a US Citizen, that is what matters

Also, does she already have a tourist visa, it can be very difficult to obtain one from the Philippines

Edited September 18, 2015 by Kastrs

[HFM181818 748]

don't be surprised if her application is denied...for the very reasons you mentioned.

[Ryan H 3,810]

***One post violating the TOS (condoning visa fraud) removed along with post quoting. Another off topic post removed.***

[Mike-eeh and Odie 193]

Not trying to commit fraud. Its a hypothetical question. 3 months is a long time to be together and anything can happen. We arent close to marry yet.

Shes from the philippines, im in the u.s.

Well the fact that you are already implying it can happen constitutes visa fraud.

Secondly, since she is a young, single Filipina, I would definitely prepare for the 99.99% chance that she will not get a US tourist visa, and make alternate plans to visit her in the Philippines or in a country where her passport is accepted, like Singapore.

Which leaves you two options:

1. File a K-1 visa. Upon approval she will get a 3 month stay in the USA for the purpose of marriage.

2. Marry her in the Philippines (this is a lot of preparation work before you goto the Philippines, even more work if she wants a Church wedding). Then file a CR-1

Edited September 23, 2015 by Mike-eeh and Odie

[JohnR! 5,495]

Wrong.

She cannot come to the US to get married and stay on a tourist visa.
That's immigration fraud

[JohnR! 5,495]

If she were to enter without the intent of marrying and staying it would not be considered fraud; but as you are now aware of the situation, it might seem suspicious in the eyes of the USCIS.

IMHO, three months is a long time, anything can happen, but also three months is barely enough time to get to know someone and commit to a lifetime together. Consider also that if you were to marry she would not be able to return home for 3 or 4 months after she files for AOS, which means her life there would be on hold, bills to pay, rent, job and other personal obligations for 6-7 months.

Consider doing this by the book, and filing for a fiance visa and having her go through the process at home - even though she can come visit you. That will give her time to prepare, put her affairs in order back home, and enter the US with nothing left behind.

Good luck whatever course of action you choose.

I visited my girl in her country and saw the sites and got aquainted. Im inviting her here to see my country. A 3 month visa is a long time to get together and anything can happen. We arent there yet, but if we married here on a tourist visa would she have to go back to process for a relative visa in her country?

Edited September 23, 2015 by JohnR!

[KierenHby 897]

Totally legit to come to the US.. fall in love, and get married.

What happens after, depends on visa..

B visa, return to home country and USC spouse files CR1

K visa, marry and adjust.

[Teddy B 17,251]

Totally legit to come to the US.. fall in love, and get married.

What happens after, depends on visa..

B visa, return to home country and USC spouse files CR1

K visa, marry and adjust.

Why? It's perfectly legal, in the scenario you posted to stay and adjust status. There's no legal reason for the person to go home simply because they happened to enter on a tourist visa.

[KierenHby 897]

Why? It's perfectly legal, in the scenario you posted to stay and adjust status. There's no legal reason for the person to go home simply because they happened to enter on a tourist visa.

Either or!

[HFM181818 748]

To test some people's theory that coming to the US to marry (and then later do an AOS)is perfectly acceptable, merely have your GF tell the CO that this is her intention...for those of you who believe that doing this is OK, what would you estimate her chances of getting the B2 visa, under these conditions?

[Teddy B 17,251]

To test some people's theory that coming to the US to marry (and then later do an AOS)is perfectly acceptable, merely have your GF tell the CO that this is her intention...for those of you who believe that doing this is OK, what would you estimate her chances of getting the B2 visa, under these conditions?

I think you're confusing two different scenarios.

No one has said it is legal or "okay" to enter the US on a tourist visa with the intent to marry and adjust status. It is however perfectly legal and okay to enter the US on a tourist visa, (without preconceived intent), to marry and adjust status without leaving the US. You would be hard pressed to find any of these cases that are denied, I have never heard of one. In fact it is written in immigration law that intent alone cannot be the sole reason for denial of AOS.