Spouse come to US with Tourist visa, gets married, then returns to home country

[Boomboo 0]

I apologize for asking this question as I feel like it SHOULD be a very common situation, however I always find conflicting answers online and it makes me feel the need to ask it once more. 

I found this topic from last year, but it has conflicting answers as well: 

 

 

I am trying to figure out whether it is necessary for me to leave the country just for the purpose of getting married to my (Japanese) partner. 

From what I understand, there is no issue with coming to the US with the intent to marry as long as my partner can prove that she is not planning on staying, and has plans to return to Japan (or somewhere else). My worry comes from whether or not the immigration officer will let her through at the airport. She is a graduate student in Thailand and will need to return to school to finish her degree. Is this along with a returning plane ticket sufficient evidence that they will let her through? Is this a valid worry?

 

If this is not a reasonable approach, is the only other option to get married outside of the US and then work from there? (We are not considering the fiance visa)

[payxibka 10,047]

6 minutes ago, Boomboo said:

I apologize for asking this question as I feel like it SHOULD be a very common situation, however I always find conflicting answers online and it makes me feel the need to ask it once more. 

I found this topic from last year, but it has conflicting answers as well: 

 

 

I am trying to figure out whether it is necessary for me to leave the country just for the purpose of getting married to my (Japanese) partner. 

From what I understand, there is no issue with coming to the US with the intent to marry as long as my partner can prove that she is not planning on staying, and has plans to return to Japan (or somewhere else). My worry comes from whether or not the immigration officer will let her through at the airport. She is a graduate student in Thailand and will need to return to school to finish her degree. Is this along with a returning plane ticket sufficient evidence that they will let her through? Is this a valid worry?

 

If this is not a reasonable approach, is the only other option to get married outside of the US and then work from there? (We are not considering the fiance visa)

Destination marriage is allowed.   Entry is always a risk for the alien. 

 

You can get married abroad and the start the petition process as well

[LilyJ 1,258]

It’s always at the discretion of the CBP officer but that she can prove she has ties to go back to Japan is good. She is certainly allowed to come over and get married and then return to Japan for the CR1 process. My husband and I did exactly this last year. Officer asked him why he was coming to America. “Marry my fiancé and visit for 2 months and go back”, “ok, welcome to America and enjoy your visit”; that was it and he was let through. He didn’t bring any evidence of going back other than his itinerary, though he wasn’t asked to show it or anything else. But sometimes they do ask, so it’s certainly good to carry evidence showing intent to return to the home country

[geowrian 22,338]

Yes it's a reasonable approach. There is no way to know what CBP will decide in any individual's case, but usually it's not a problem...just like any tourist. Just be sure to be honest, and don't carry things like a birth certificate or police certificates on you.

 

The return ticket has little impact...nearly everybody that came by plane and overstayed had one.

Edited September 26, 2019 by geowrian

[Boomboo 0]

Thank you very much for the help! These responses are certainly helping put my nerves to rest!

[carmel34 3,663]

20 hours ago, Boomboo said:

If this is not a reasonable approach, is the only other option to get married outside of the US and then work from there? (We are not considering the fiance visa)

If she tries to enter the US as a tourist with the intent to get married and then return to Japan, and she is refused entry, then you can get married somewhere outside the US.  Either way you will get a marriage certificate then file the I-130 petition for her.  Good luck!