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

[African Zealot 1,455]

35 minutes ago, B&C2017 said:

Most of the super expericenced VJ members that have given advise not to go the AOS route are through the process since a long time and they/their spouses have meantime even become US citizens. Others have been through the AOS / K1 process as well, so they do not recomend it based on their own expericence. So why would they be biased? 

Also... Most of the VJ members could have just done the exact same thing. Traveled to the US as visitors and adjusted status - but we chose to do it the legal way - including me! 

 

I know it's only illegal if you come to the US claiming you're a visitor, but really have immigrant intent. But com'on! How high is the percentage of people that would really not intend to get married by the time they travel to the US? I mean who can actually leave their entire life behind in the blink of an eye (existing leases, jobs, vehicles, family....)? 

 

Not saying that the OP's girlfriend did know about him possibly proposing and wanting to get married in the US at the time of her arrival, but:

• After a partnership of 7 years, I'm sure this topic would have came up at some point before her coming to the US including the discussion of possible ways on how to do it.
• She is currently studying to get her license to practice (medicine?) in the US. So she clearly has an immigrant intent, even if not this very minute.

Trust me, I understand how annoying it is to wait on the entire CR1/IR1 immigration process - we got Nebraska 😩⏳ 

But the OP asked what the best way for him and his girlfriend is - given the explained circumstances. I think most people on VJ are just speaking the truth and do not sugar-coat the K1 or AOS process. As many said, you might be able to be together faster, but it has it's price like the AOS restrictions, additional expenses, more forms to file, conditional greencard, financial burden (we don't know anything about the OP's financial situation and if he'd need joint-sponsors), etc. 

 

In the end, everyone is free to do whatever they want if they can live with the outcome/result of their choices. For the OP, this really might be the best solution, but I don't think it's fair to claim honest people to be biased, just because we have a different opinion. 

Did my opinion really necessitate this long diatribe with conjectures? It ain’t that serious. Human beings have biases. That’s just part of life.

Edited February 10, 2020 by Ray.Bonaquist

[RKarim 2]

Isn't it not advisable to marry on a tourist visa?

[NikLR 13,227]

1 hour ago, RKarim said:

Isn't it not advisable to marry on a tourist visa?

Doesn't matter.  People get married on tourist visas all the time.  

[Just Paul 4,595]

1 hour ago, RKarim said:

Isn't it not advisable to marry on a tourist visa?

People get married on tourist visas all the time.   It's called a destination wedding.  They can return home and do consular processing or look at adjusting.

 

Off topic - It happens worldwide  We (both) got married on a tourist visa in Hong Kong.  Nice, easy, quick, legal marriage.

Edited February 10, 2020 by Paul & Mary

[B&C2017 123]

1 hour ago, Ray.Bonaquist said:

Did my opinion really necessitate this long diatribe with conjectures? It ain’t that serious. Human beings have biases. That’s just part of life.

It’s not a diatribe. I’m just saying that not everyone that doesn’t agree with your opinion is biased. But you know what? I could really care less if some general advice doesn’t work out for people who don’t have a lot of knowledge about the process yet - It’s not my life 🤷🏼‍♀️

[Xavier_ 33]

19 hours ago, missileman said:

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?

 

Wait, I thought it was illegal to marry your partner if they were coming with a tourist visa (fraud) ?????

[Xavier_ 33]

1 hour ago, Paul & Mary said:

People get married on tourist visas all the time.   It's called a destination wedding.  They can return home and do consular processing or look at adjusting.

 

Off topic - It happens worldwide  We (both) got married on a tourist visa in Hong Kong.  Nice, easy, quick, legal marriage.

Yes but I thought only if you met your partner during this tourist visa. I've always heard that if you want to marry your partner and you come with a tourist visa it's a fraud since you came for the wrong reasons (no tourism)

Edited February 10, 2020 by Xavier_

[B&C2017 123]

8 minutes ago, Xavier_ said:

Yes but I thought only if you met your partner during this tourist visa. I've always heard that if you want to marry your partner and you come with a tourist visa it's a fraud since you came for the wrong reasons (no tourism)

It is! "Unfortunatly", this fraud is forgiven when you're the spouse of a US citizen which I think is unfair for the ones that do it the legal way 😞

 

Well - to clarify: The actual act of getting married is not fraud. You can get married when on a toursit visa as long as you leave the US afterwards and file for a CR1/IR1. The part of staying in the US after marriage and filing AOS makes your initial intent - to not want to immigrate - fraud.

Edited February 10, 2020 by B&C2017

[Crazy Cat 41,857]

11 minutes ago, Xavier_ said:

Wait, I thought it was illegal to marry your partner if they were coming with a tourist visa (fraud) ?????

It is fraud only if the intent was to marry AND ADJUST status before entering the US........it is visa fraud to enter the US via a tourist visa with the intent to stay and adjust status.

[Xavier_ 33]

1 minute ago, missileman said:

It is fraud only if the intent was to marry AND ADJUST status before entering the US........it is visa fraud to enter the US via a tourist visa with the intent to stay and adjust status.

Got it! Thanks for the details 

[tomw123 1]

I am on a J1 visa and numerous lawyers have recommended that wait at least 60 days (90 is better) since my arrival in the US before marriage and AOS. Doing it on a tourist visa within 2 weeks sounds risky, although from reading this forum it seems that many people in this situation have been successful.. 

[geowrian 22,337]

How would waiting now change your intent weeks ago?

[Crazy Cat 41,857]

2 hours ago, tomw123 said:

I am on a J1 visa and numerous lawyers have recommended that wait at least 60 days (90 is better) since my arrival in the US before marriage and AOS. Doing it on a tourist visa within 2 weeks sounds risky, although from reading this forum it seems that many people in this situation have been successful.. 

Ask those attorneys to show you some cases which resulted in denials due to marrying and adjusting status after entering on a tourist visa......I have seen only one...and that one was due to a determination of misrepresentation from statements made during a secondary interview at POE.  As a matter of fact, it would be difficult to find a case in which the subject even arose during an AOS interview.

Edited February 10, 2020 by missileman

[B&C2017 123]

 

1 hour ago, tomw123 said:

I am on a J1 visa and numerous lawyers have recommended that wait at least 60 days (90 is better) since my arrival in the US before marriage and AOS. Doing it on a tourist visa within 2 weeks sounds risky, although from reading this forum it seems that many people in this situation have been successful.. 

I think this is a common thing for lawyers to tell people. A girl I know wanted to move back to the US with her husband and kids within 3 months (trying to get around the IR1 since she had a job offer, didn't want to be separated from her husband, was desperate and obviously didn't know the process) and the lawyer told her to go to the US with her husband on a ESTA (kids are american) and then AOS like 3 days before the 90 periood is over to not make it look like they would have intended to never return from the beginning.

 

One has to be stupid to believe that! If it would have just been her husband, this might have been a half way believeable lie, but who in the world would decide on a trip to move their entire family? I just can't believe lawyers are giving out such legal advice and getting paid for it- Illegal action at it's best - statements like this.....🤨

Edited February 10, 2020 by B&C2017

[Crazy Cat 41,857]

1 minute ago, B&C2017 said:

the process) and the lawyer told her to go to the US with her husband on a ESTA (kids are american) and then AOS like 3 days before the 90 periood is over to not make it look like they would have intended to never return from the beginning.

That attorney is advising visa fraud......if he/she came here and advised that, the ban hammer would come out.