Staying in the U.S. while waiting to tie the knot!

[Internationalpika 0]

Hello all! I'm curious as to what I should do. I'm planning on proposing to my boyfriend who is visiting on a tourist visa. The plan is to have a city hall ceremony to tie the knot--not a huge fan of big fusses. That said, I was looking up reservations and see that I was able to make one for this week, but there aren't any ceremony reservations open until next month. His visa expires by the end of this month, so I'm wondering--is it kosher for him to stay here pass his visa expiration so we can wait to have the official ceremony?

Would love anyone's input!

[Cheezees 1,514]

No.

[cdneh 3,112]

No.

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visa programs~

[Internationalpika 0]

No.

Darn. So, does the opposite ring true? If we have the marriage license and have done the ceremony--he is okay to stay (as long as the proper documents are processing)? Correct?

[boerandpinay 3]

You said his Visa expiry - do you mean his I-94 expiration (date he is scheduled to leave from his vacation)? Most tourist visas are good for years (my husband's expires 2021).

If you are planning to get married on a tourist visa with no prior intent (communicating about it) just go to your Clerk of the Court, get the paperwork, have an officiant or notary marry you and mail in prior to his expiration date, and wait until later to have the ceremony (for symbolism). This is suspecting that you are a U.S. citizen and there was no prior intent or arrangement (which would be in violation of his visa). My husband came to the country January 2014, we fell in love, got married June 2014 (he was scheduled to go back in July). We filed our Adjustment of Status in February 2015 (moved, saved money) and he received his work permit in May.

He will be considered "Out of Status" once his I-94 expires and he will not be able to leave the country during Adjustment of Status, given you again are a U.S. citizen. If he does, he will possibly be barred from re-entry for 10 years. You also have to be wary of certain time limits and suspicions on your union. As long as the union is genuine and has no prior intent, it is "kosher".

I'm advising directly from what an immigration officer told me given we married because we were in love and did not want him going back and having to struggle through with being apart and doing a fiance visa.

Edited August 9, 2016 by boerandpinay

[ROSA63 2]

Hello all! I'm curious as to what I should do. I'm planning on proposing to my boyfriend who is visiting on a tourist visa. The plan is to have a city hall ceremony to tie the knot--not a huge fan of big fusses. That said, I was looking up reservations and see that I was able to make one for this week, but there aren't any ceremony reservations open until next month. His visa expires by the end of this month, so I'm wondering--is it kosher for him to stay here pass his visa expiration so we can wait to have the official ceremony?

Would love anyone's input!

My cousin married to a US citizen 10 years after his tourist visa expired. He filed concurrent I130 & I485. In less than four months he got his green card. As long as your boyfriend doesn't travel abroad during the AOS process, he shouldn't have any problems

Edited August 9, 2016 by ROSA63

[Cheezees 1,514]

Darn. So, does the opposite ring true? If we have the marriage license and have done the ceremony--he is okay to stay (as long as the proper documents are processing)? Correct?

But that isn't going to happen, right? There are no ceremonies available at the time you need it. You are planning to have him overstay because you cannot get married before his time is up. This is immigration fraud, so he has to leave.

[Meg&Andrew 297]

As long as she had no prior intent this isn't immigration fraud. Go to a courthouse and get married ASAP, Then have your ceremony. No one will know the difference. Overstay is forgiven to any American spouse. Don't let these people discourage you. People tend to get upset when they are waiting on their spouses, and someone comes on a tourist visa and gets married. Go get married, and adjust status. As long as he didn't come here with intent to immigrate you will be fine.

[Cheezees 1,514]

Wait, so we can plan overstays for our boyfriends/girlfriends in advance?

[EM_Vandaveer 2,417]

As you are getting married and there was no prior intent, it does not matter if he overstays. Overstay is forgiven for spouses of USCs. Just file for AOS ASAP after marriage.

Wait, so we can plan overstays for our boyfriends/girlfriends in advance?

I understood OP to say the boyfriend is ALREADY here, visiting.

[Meg&Andrew 297]

As you are getting married and there was no prior intent, it does not matter if he overstays. Overstay is forgiven for spouses of USCs. Just file for AOS ASAP after marriage.

I understood OP to say the boyfriend is ALREADY here, visiting.

Yes, the way I understood the boyfriend is already here.

[Cheezees 1,514]

As you are getting married and there was no prior intent, it does not matter if he overstays. Overstay is forgiven for spouses of USCs. Just file for AOS ASAP after marriage.

I understood OP to say the boyfriend is ALREADY here, visiting.

Me too, and there is no provision for fiances to overstay.

[Meg&Andrew 297]

Fiance' didn't come here with intent to overstay and adjust. Overstay will be forgiven.

[Cathi 5,795]

As long as she had no prior intent this isn't immigration fraud. Go to a courthouse and get married ASAP, Then have your ceremony. No one will know the difference. Overstay is forgiven to any American spouse. Don't let these people discourage you. People tend to get upset when they are waiting on their spouses, and someone comes on a tourist visa and gets married. Go get married, and adjust status. As long as he didn't come here with intent to immigrate you will be fine.

planning to overstay IS fraud!