What constitutes “intent” to Marry on B1 visa

[BrandonZA 0]

Hi. I am a South African citizen and have been dating my US citizen girl friend for 4 years. I have a question regarding the “intent” factor in deciding to marry and apply for Adjustment of Status (AOS) on a B1. Currently I live in South Africa and have travelled to the USA each year the past 3 years on my B1 to play golf tournaments and be with my girl friend for 5-6 month periods at a time. This year I hope to do the same. However, my girl friend and I have talked about taking the next step in our relationship and we realize getting married is the only way we can be together on a permanent basis. 

 

We don’t want to wait to be together because we have done a lot of that already. So our plan is for me to come to the USA in April and then once she graduates her masters degree in May we want to travel back to South Africa to get married and then I would apply for my AOS (SA allows marriage on a visitors visa). However there’s a possibility that she may receive a job offer upon graduation (it’s not garuanteed yet) and in that case she wouldn’t be able to make the trip to SA. In this case we would probably decide to get married in the US instead. Under US laws, would we be committing visa fraud if we then got married in the USA and applied for my AOS in the USA?

 

I suppose my question lies in the fact that in either scenario we do “intend” to get married, but I just would like to clarify that this is not our “explicit intent” and if it is not our explicit intent to marry in the USA, does that mean we are not committing visa fraud. Or is there no distinguishing between “intent” and “explicit intent?”

 

If this does constitute fraud, what is our best option? To apply for the K1 and go through the process that way? 

 

Thanks  

Edited March 6, 2018 by BrandonZA
Moved parenthesis to more appropriate section

[Roel 7,193]

You are allowed to get married on tourist visa. But you have to go back to your country and then apply for proper visa. Which is cr1 spouse visa. 

 

Or you can apply for k1 visa and get married in the USA and adjust. 

 

Simple. Just 2 options for you to immigrate legally atm.  

 

The fact that you're already planning the possibility of AOS makes it a fraud. 

[payxibka 10,047]

USA allows marriage on a tourist visa...  So the intent to marry is not the issue...  The issue is the use a non-immigrant visa to seek immigrant benefits...  

[geowrian 22,338]

1 hour ago, BrandonZA said:

Under US laws, would we be committing visa fraud if we then got married in the USA and applied for my AOS in the USA?

 

I suppose my question lies in the fact that in either scenario we do “intend” to get married, but I just would like to clarify that this is not our “explicit intent” and if it is not our explicit intent to marry in the USA, does that mean we are not committing visa fraud. Or is there no distinguishing between “intent” and “explicit intent?”

 

If this does constitute fraud, what is our best option? To apply for the K1 and go through the process that way?

Yes. Entering on a tourist visa with intent to stay/adjust status is clear fraud. A tourist visa does not permit immigrant intent. The act of marrying doesn't cause or exclude this, regardless of where it happens.

 

Do a K-1 to marry and AOS within the US, or marry (anywhere) and do a CR-1. I would lean towards the CR-1 as it's far better all around and only takes a few months longer (~8-10 months for a K-1 and 12-14 for a CR-1). But look at the pros and cons and determine which is better for you. You can visit during the processing so long as you have a valid visa...you just must return home.

[NigeriaorBust 4,087]

 Posting on a site that immigration monitors is a good way to establish prior intent.