Visit and marry tourist visa

[Kez/JWolf 6]

Nope I have to disagree... I know people who have done so and had no such issues... there is no reference to this 30 day rule you speek of in any of USCIS guides or manuals....

Kez

[kitkat1 5]

Even if it is a myth (and yes, I was told this during two different legal consults), I think common sense kinda kicks in there. You're going to raise flags if you try to adjust within 30 days.

Or within 60 days or within 90 days. Anytime someone is adjusting from a visitor visa there is a possibility they will be asked to prove that they didn't have intent. If that rule were true, NO ONE would adjust within 30 days to avoid raising suspicion.

[Dr_LHA 3]

A poster here just went through a grueling 601 waiver process during which time his wife had to return to her home country (for close to 12 months) all because they married when she entered on a tourist visa. In their case it was 100% clear she had intent and they didn't know the rules, but in the end, yes it was strongly enforced and she was deported.

Yes, I did mention in my post that there are cases where people had trouble. However I think these cases are in the minority.

[kitkat1 5]

A poster here just went through a grueling 601 waiver process during which time his wife had to return to her home country (for close to 12 months) all because they married when she entered on a tourist visa. In their case it was 100% clear she had intent and they didn't know the rules, but in the end, yes it was strongly enforced and she was deported.

Yes, I did mention in my post that there are cases where people had trouble. However I think these cases are in the minority.

May be true but why on earth take such a huge risk?

[Yodrak 7]

Singers,

It is, or was, a Department of State procedural guideline. Has nothing to do with USCIS.

http://groups.google.com/group/alt.visa.us...630e072f429e455

Yodrak

Even if it is a myth (and yes, I was told this during two different legal consults), I think common sense kinda kicks in there. You're going to raise flags if you try to adjust within 30 days.

[Singers 0]

Yodrak,

Thank you for the reference! I knew the lawyers had to be citing something. Anyway, my whole point is that please use common sense and err on the side of caution. You do not want to be that person that USCIS does decide to give a hard time to and be unprepared.

(Can you imagine trying to prove you didn't have intent and yet somehow had a beautiful wedding with 120 guests two weeks after you arrive.. because chances are you ARE going to have an interview since you've been married less than 2 years and bringing proof of a bona fide marriage...)

[John & Annie 0]

Is it safe, acceptable to have my fiance here on toursit visa and marry, then file I-130 and I-485 and G325? Would there be any problem with that process and can she stay in USA during that wait time for I-130. Have others gone this direction with success, please share your stories and issues. I plan to contact the USCIS this week. There's a guide on there website that says this is legal to do. Ideas??? Thoughts?? Anyone!!! HELP..

Just to add to the list of growing comments:

Now that you have established your intent and providing that your finance is out of the country, Yep, it would be visa fraud.

If you finance is in the county and you had no intent to marry when she entered, your fine, provided you are one of the ones that does not get hassled and have to prove the intent was not there.

[MattB 0]

Is it still visa fraud if he/she comes to the U.S to marry on a Tourism Visa but plans afterwards to return to his/her country of residence. Then to file for a K visa after he/she returns home to his/her country on a later date?

Edited April 18, 2007 by MattB

[Dr_LHA 3]

No, what you describe is perfectly legal.

[kitkat1 5]

Is it still visa fraud if he/she comes to the U.S to marry on a Tourism Visa but plans afterwards to return to his/her country of residence. Then to file for a K visa after he/she returns home to his/her country on a later date?

There's nothing illegal about marrying in the US while on a tourist visa with the plan to return home and apply for the correct kind of (spousal) visa.

[Yodrak 7]

MattB,

Marriage is not the issue. Immigration is the issue.

Yodrak

Is it still visa fraud if he/she comes to the U.S to marry on a Tourism Visa but plans afterwards to return to his/her country of residence. Then to file for a K visa after he/she returns home to his/her country on a later date?

[Johnnie Oz 0]

MattB,

Marriage is not the issue. Immigration is the issue.

Yodrak

Is it still visa fraud if he/she comes to the U.S to marry on a Tourism Visa but plans afterwards to return to his/her country of residence. Then to file for a K visa after he/she returns home to his/her country on a later date?

Along these lines: Is marrying while in the US on a non-immigrant visa then returning home to file better than marrying your spouse in your home country?

Yodrak and KitKat are obviously right, it's perfectly legal to marry while here: for all we know the couple could be intending to move to the foreign national's country or a third country or be undecided. Marrying here while on non-immigrant visa is not proof of intent to immigrate to the US, this issues comes up when you file for AOS here.

B)

In our case since one of us is visiting the US, we could marry here and file I-130 in early June OR marry abroad, filing in late July. Other than losing precious processing time, I can also imagine that USCIS doesn't mind if the proof of marriage is actually American. Less paper-work, translations etc. If we were moving to my home country then it would be better if we tied the knot there. Common sense. In other words, there is no advantage to marrying in another country IF you have the option of visiting the US and marrying here. Am I wrong?

This doesn't mean that those who marry abroad are discriminated against - I most certainly hope not. There are millions of legit reasons why the wedding might have had to be held outside the US.

The whole adjustment of status while here on B1/B2 visa does seem a little risky as some point out. A little, but not very, risky. The immigrant spouse, however, will be in waiting mode, unable to work for countless months. In addition, this might potentially slow down the process for those who go the consular route.

To be clear, we had no intent to marry, but will now do so. The potential immigrant could then stay here and apply for AOS. Instead, we will go down the IR-1/CR-1 plus K3 path. Knowing that we will be apart. Silly? Risk averse? Fair? who knows.... but it's certainly a sign of commitment.

[SimoG01 0]

Hi,

This is the 1st message i am posting on the forum, however, i've been using it for quite a while, reading all the information that all of you people have been furnishing, and that i found extremely helpful.

I have just received my "welcome" letter, after a long wait, lots of paperwork, which i might not have been able to do by myself without the helpful info on this forum.

This is why i am coming back, hoping that I can help s/one else in return.

I got here on a tourist visa myself, came to visit s/one i met online.

Arrival late May 2006,

married early August 2006.

Filed all AOS + I-130 in October 2006.

Got a RFE that we sent back in November.

Received my EAD in January 2007,

SSN - some time in February

Interview was April 26th - West Palm Beach - Florida

At the interview the lady was really nice, making sure she had all docs she needed to approve us, all we had was lots of pics - like 20 of them, a letter from the bank stating that we had an account together, and a notarized letter from a friend stating that we were living together as a happily married couple (we used one of the samples here) and that was it. 15-20 minutes. No questions about how we met, what kind of visa i had, whether there was any intent when i landed here (there really wasn't, since we had not met in person before) or anything like that...

So, that was my experience, I hope it helps...

Good luck !

[Kez/JWolf 6]

(Can you imagine trying to prove you didn't have intent and yet somehow had a beautiful wedding with 120 guests two weeks after you arrive.. because chances are you ARE going to have an interview since you've been married less than 2 years and bringing proof of a bona fide marriage...)

I was married 7 weeks after my arrival on a VWP and I had 124 people at my wedding.... I was never asked about that at my interview and no comments were made about our wedding album showing us and all our family on our special day.... I was not asked to prove anything about my intent on entry at our interview...

Kez

[Yodrak 7]

Johnnie Oz,

Depends on your own personal preferences and circumstances.

Yodrak

....... Is marrying while in the US on a non-immigrant visa then returning home to file better than marrying your spouse in your home country?