Marriage on tourist visa after 3 months entering US

[addamint 0]

Hello I am new here, I intend to marry my GF soon, she is here on a tourist visa from china. Which allows her to stay 6 months at a time. She has Family here and was visiting them long before we met. We plan to get married after 3 months of her entering US to avoid scrutiny. I am wondering if applying for the CR1 and Marrying here could adversely affect her current visa, and if and when she would have to leave the US, and if so for how long.

[SalishSea 18,179]

I'm confused.  Is she here now?  If she entered with a tourist visa with no intention to marry and adjust status (as determined by CBP at the port), then why not just marry and adjust status now, rather than going the CR-1 route?

 

If she is not here currently, you will need to do either a K-1 or a CR-1.

 

Btw, there is no timing of the marriage that will "avoid scrutiny."  Your case will get scrutinized like any other.

[addamint 0]

Sorry, I guess I posted in the wrong area. I mostly need to know if a denial of an adjustment of status will affect her tourist visa. Can it be revoke? If this is the wrong area to post this, can you direct me to correct forum? Thanks in advance.

[Juniper 62]

8 minutes ago, addamint said:

Sorry, I guess I posted in the wrong area. I mostly need to know if a denial of an adjustment of status will affect her tourist visa. Can it be revoke? If this is the wrong area to post this, can you direct me to correct forum? Thanks in advance.

After you marry and send in your I-485 AOS documents (along with EAD & travel authorization application), you will get back your AOS NOA1 in a few days. That document then gives her legal status until the AOS is adjudicated.  She should not leave the USA until she gets her new travel authorization and EAD card in about 3 to 4 months after your AOS submittal.  Denial possibility of the AOS is at least one year away from AOS document submittal. 

Edited April 23, 2019 by Juniper

[addamint 0]

Some additional details. I've met her about a year ago here in the US. Since then she has returned to China and has come back. I have visited her once in China for a ten days and we have been keeping in touch through out. Would this information help or hurt us during the interview? 

[SalishSea 18,179]

Just now, addamint said:

Some additional details. I've met her about a year ago here in the US. Since then she has returned to China and has come back. I have visited her once in China for a ten days and we have been keeping in touch through out. Would this information help or hurt us during the interview? 

There is no way to modulate the help/hurt info, as you must be completely honest in your answers when it comes to immigration.  To not be is to invite disaster later, as evidenced by many, many stories here on VisaJourney.

[addamint 0]

I understand, thank you guys for your help. I will try to update our status to add to the pool of knowledge.

[NikLR 13,232]

~~moved to AIS from work student and tourist visas from IR1/CR1 process and procedures.  Topic is about AOS~~.