Process of marrying my partner who is currently in the U.S. on a tourist visa

[Henry14 0]

Hi everyone, i’m a U.S. citizen who is planning on proposing to my 7-year partner soon whom I met while I was studying abroad.

 

She is currently inside of the U.S. on a  visitor visa as she is taking examinations related to her job. She has been coming to visit throughout the last few years but as of now, she’s been inside of the country for about two weeks. 
 

I plan on proposing very soon and want to accomplish the marriage process as fast and efficient as possible. We plan on getting married here. What steps should I take to accomplish this? Is it important for her to stay here before the marriage process (do the two weeks she’s been here count as the time required for the green card?). 
 

Thanks a lot. I know very little about this process so any advice would be much appreciated.

Edited February 9, 2020 by Henry14

[Crazy Cat 41,844]

She can legally adjust status after marriage since she is already inside the US, but are you aware of the restrictions she will face?  She cannot work until receiving an employment authorization document (5-7 months)......She cannot exit the US and return before receiving an Advance Parole document (also 5-7 months).

Have you considered a CR-1 instead?    What does "(do the two weeks she’s been here count as the time required for the green card?). " mean?

 

Edited February 9, 2020 by missileman

[Crazy Cat 41,844]

Have you considered the benefits of a CR-1 spousal visa?

CR-1
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Edited February 9, 2020 by missileman

[Henry14 0]

Thank you for the comments. I was told a CR-1 (I may be mistaken here) takes a lot longer to process than doing it all within the U.S? 
 

 

[Crazy Cat 41,844]

4 minutes ago, Henry14 said:

Thank you for the comments. I was told a CR-1 (I may be mistaken here) takes a lot longer to process than doing it all within the U.S? 
 

 

Nothing related to immigration is fast.  Did you read my comments about the restrictions she will face?  That has been a problem for numerous posters.

[Just Paul 4,595]

13 minutes ago, Henry14 said:

Thank you for the comments. I was told a CR-1 (I may be mistaken here) takes a lot longer to process than doing it all within the U.S? 
 

 

If you take into consideration that she won't be able to work or travel internationally, the CR1, with being able to visit with her visa, might be a better "experience".

[Henry14 0]

13 minutes ago, missileman said:

Nothing related to immigration is fast.  Did you read my comments about the restrictions she will face?  That has been a problem for numerous posters.

Yes. The goal here would be her being able to work here ASAP, regardless of traveling in/out and not working for a few months. 

[Crazy Cat 41,844]

2 minutes ago, Henry14 said:

The goal here would be her being able to work here ASAP,

She will not be allowed to work for at least 5 or 6 months after filing for adjustment of status.....good luck......You should study and learn the guide linked above.

 

[Marieke H 2,496]

57 minutes ago, Henry14 said:

She is currently inside of the U.S. on a  visitor visa as she is taking examinations related to her job. She has been coming to visit throughout the last few years but as of now, she’s been inside of the country for about two weeks. 

Would she be able and willing to not go home and stay in the US for about 6 months without being able to work or travel? Only if the answer is yes, you can get married and apply for AOS. 

 

Otherwise, your only options are the CR1 (marry, file, she goes home) or K1 (propose, she goes home, file, marry when she enters on her K1). The CR1 has a huge advantage: she will be allowed to work as soon as she enters the country. 

 

I strongly recommend that you discuss the options with her. You may want to have her here as soon as possible, but the long wait for EAD after entering on a K1 may be very hard on her.

[JFH 12,190]

Are you planning to marry and then she returns home to continue working? Or is she wanting to stay in tourist status (no work, no study, no overseas travel and maybe even no driving) for the next 6 months or so?
 

Getting married is easy. Depending on your state law, there may he a waiting period between getting the license and being able to get married (in WA, for example, it’s 3 days). If you want to get married in a hurry, there’s always Las Vegas. You can be married within an hour of arriving there if you so wish. 

[Henry14 0]

1 minute ago, Marieke H said:

Would she be able and willing to not go home and stay in the US for about 6 months without being able to work or travel? Only if the answer is yes, you can get married and apply for AOS. 

 

Otherwise, your only options are the CR1 (marry, file, she goes home) or K1 (propose, she goes home, file, marry when she enters on her K1). The CR1 has a huge advantage: she will be allowed to work as soon as she enters the country. 

 

I strongly recommend that you discuss the options with her. You may want to have her here as soon as possible, but the long wait for EAD after entering on a K1 may be very hard on her.

Yes, she is willing to do that. She is mostly studying right now anyways. She’s not working very much because of that.

[Crazy Cat 41,844]

1 minute ago, Henry14 said:

Yes, she is willing to do that. She is mostly studying right now anyways. She’s not working very much because of that.

She shouldn't be working at all if she is here on a tourist visa.

Edited February 9, 2020 by missileman

[Henry14 0]

4 minutes ago, JFH said:

Are you planning to marry and then she returns home to continue working? Or is she wanting to stay in tourist status (no work, no study, no overseas travel and maybe even no driving) for the next 6 months or so?
 

Getting married is easy. Depending on your state law, there may he a waiting period between getting the license and being able to get married (in WA, for example, it’s 3 days). If you want to get married in a hurry, there’s always Las Vegas. You can be married within an hour of arriving there if you so wish. 

Yes, she’s willing to stay here. She is studying for exams she has to take here in the U.S. so she cannot work much anyways. In this case (filing here in the states), would that require getting a marriage certificate and then going to an immigration lawyer ASAP? I’m sorry for being a newbie at this, but what is this visa form called? 
 

Also, since she is forced to be within the country, would the two weeks that she has currently been here for also count towards the required stay time? Thanks a lot.

[Crazy Cat 41,844]

Just now, Henry14 said:

Also, since she is forced to be within the country, would the two weeks that she has currently been here for also count towards the required stay time?

No........what "stay time" are you referring to?  

[Henry14 0]

5 minutes ago, missileman said:

She shouldn't be working at all if she is here on a tourist visa.

She isn’t working here. She has a part time job in her home country that she’s ready to quit at any moment. It’s not important for her at the moment to “keep on going back to her country for work”. The goal is for her be here ASAP. 

Edited February 9, 2020 by Henry14