Can we get married( Me US citizen and him French) in USA and apply for adjustment of status

[Muzakgal333 1]

Hello,

 

I want to get married in the States while he is on a tourist visa and I was wondering if he has to leave the USA to get his green card? Can you apply for adjustment of status while he is in states with tourist visa ? I thought that was not allowed and that he would have to go back to France and wait for the spousal visa. 
Can someone help? 

Edited November 26, 2020 by Muzakgal333

[Crazy Cat 42,033]

21 minutes ago, Muzakgal333 said:

Can you apply for adjustment of status while he is in states with tourist visa ?

It is immigration fraud to enter the US as a tourist with intent to stay and adjust status.  However, entering the US to marry, then leaving before the end of authorized stay is perfectly fine.  The CR-1 process can be started any time after marriage.

Edited November 26, 2020 by Lucky Cat

[SusieQQQ 11,587]

Is he already here? 

[Ontarkie 14,369]

~~Moved to What Visa DO I Need, from Tourist Visas - the OP is looking at the immigration options~~

[dnyal 32]

Lucky Cat is correct. However, should he decide to get married to you and not leave but stay and adjust status, there could be a path for that. I looked into it extensively not that long ago because my fiancé and I wanted to do the same, and I’d like you to have all the information.
 

Yes, marrying and staying and then trying to adjust status on a tourist visa could be seen as fraud because he entered the country to "tour," not to get married (something for which there is a separate visa category). But there seems to be some sort of general guide that USCIS uses like this: if you marry within the first couple of months, the adjustment of status will certainly be denied; if you marry after the first couple of months, they might allow adjustment it if there are extenuating circumstances; and if you marry after (I think) 3-4 months after his lawful entrance, and provided his stay has not expired, the government might not see that unfavorably and let him stay.

 

We decided against that route and ended up going the K-1 visa route because the whole thing hangs on how the USCIS agent sees your situation; it is entirely up to their discretion. So, it would be a risky move, especially since you mentioned your boyfriend came from France (thus I’m assuming he’s French), which means he probably entered through the visa waiver program and that’s a whole other can of worms. The best advice is, if you wanna marry soon, do it here and then let him return to his country and start the spousal visa route.

[Boiler 45,899]

40 minutes ago, dnyal said:

Lucky Cat is correct. However, should he decide to get married to you and not leave but stay and adjust status, there could be a path for that. I looked into it extensively not that long ago because my fiancé and I wanted to do the same, and I’d like you to have all the information.
 

Yes, marrying and staying and then trying to adjust status on a tourist visa could be seen as fraud because he entered the country to "tour," not to get married (something for which there is a separate visa category). But there seems to be some sort of general guide that USCIS uses like this: if you marry within the first couple of months, the adjustment of status will certainly be denied; if you marry after the first couple of months, they might allow adjustment it if there are extenuating circumstances; and if you marry after (I think) 3-4 months after his lawful entrance, and provided his stay has not expired, the government might not see that unfavorably and let him stay.

 

We decided against that route and ended up going the K-1 visa route because the whole thing hangs on how the USCIS agent sees your situation; it is entirely up to their discretion. So, it would be a risky move, especially since you mentioned your boyfriend came from France (thus I’m assuming he’s French), which means he probably entered through the visa waiver program and that’s a whole other can of worms. The best advice is, if you wanna marry soon, do it here and then let him return to his country and start the spousal visa route.

The issue seems to be that the BF is not in the US, if he was not a problem.

[JFH 12,191]

44 minutes ago, dnyal said:

Lucky Cat is correct. However, should he decide to get married to you and not leave but stay and adjust status, there could be a path for that. I looked into it extensively not that long ago because my fiancé and I wanted to do the same, and I’d like you to have all the information.
 

Yes, marrying and staying and then trying to adjust status on a tourist visa could be seen as fraud because he entered the country to "tour," not to get married (something for which there is a separate visa category). But there seems to be some sort of general guide that USCIS uses like this: if you marry within the first couple of months, the adjustment of status will certainly be denied; if you marry after the first couple of months, they might allow adjustment it if there are extenuating circumstances; and if you marry after (I think) 3-4 months after his lawful entrance, and provided his stay has not expired, the government might not see that unfavorably and let him stay.

 

We decided against that route and ended up going the K-1 visa route because the whole thing hangs on how the USCIS agent sees your situation; it is entirely up to their discretion. So, it would be a risky move, especially since you mentioned your boyfriend came from France (thus I’m assuming he’s French), which means he probably entered through the visa waiver program and that’s a whole other can of worms. The best advice is, if you wanna marry soon, do it here and then let him return to his country and start the spousal visa route.

Some misinformation here...

 

Getting married on a tourist visa is not in any way, shape or form “fraud”. Marrying is a perfectly acceptable activity for visitors. The intention to stay and adjust status after the marriage is where the fraud comes into play. Many of us (including me) married here as tourists and then returned home to complete the immigration process. Nothing wrong with that at all. 
 

There is no reason that getting married early in a visit will cause AOS to be denied. There is no rule on how long you have to be here before you can get married. Intent is assessed upon admittance and if any intention of fraud was suspected then the person would not be admitted in the first place. 

Edited November 27, 2020 by JFH

[igoyougoduke 1,674]

23 hours ago, Muzakgal333 said:

Hello,

 

I want to get married in the States while he is on a tourist visa and I was wondering if he has to leave the USA to get his green card? Can you apply for adjustment of status while he is in states with tourist visa ? I thought that was not allowed and that he would have to go back to France and wait for the spousal visa. 
Can someone help? 

best option is get married in France and than file for papework for immigrant visa. Entering USA  to adjust status on a B1 visa is fraud. B1 is a non immigrant visa 

[Crazy Cat 42,033]

13 hours ago, dnyal said:

; it is entirely up to their discretion. So, it would be a risky move, especially since you mentioned your boyfriend came from France (thus I’m assuming he’s French), which means he probably entered through the visa waiver program and that’s a whole other can of worms. The best advice is, if you wanna marry soon, do it here and then let him return to his country and start the spousal visa route.

If a person is already in the US (B2, ESTA, etc.) , there is no USCIS 30/60/90 day rule and there is no risk regarding adjustment of status .  In addition, Adjustment of Status from ESTA is not prohibited for spouses of US citizens.  The 30/60/90 day rule is a myth which just never dies.  I have not seen a single case denied due to adjusting status within 90 days.  However, it is fraud to enter the US via a non-immigrant route with the intent to adjust status.  In other words, situations sometimes change after a person has entered.

In short, if a person is outside the US, then Adjustment of Status does not apply .  But, If a person has already entered the US, then adjustment of status is perfectly legal, and many here have done so.

[dnyal 32]

On 11/27/2020 at 11:42 AM, Lucky Cat said:

If a person is already in the US (B2, ESTA, etc.) , there is no USCIS 30/60/90 day rule and there is no risk regarding adjustment of status .  In addition, Adjustment of Status from ESTA is not prohibited for spouses of US citizens.  The 30/60/90 day rule is a myth which just never dies.  I have not seen a single case denied due to adjusting status within 90 days.  However, it is fraud to enter the US via a non-immigrant route with the intent to adjust status.  In other words, situations sometimes change after a person has entered.

In short, if a person is outside the US, then Adjustment of Status does not apply .  But, If a person has already entered the US, then adjustment of status is perfectly legal, and many here have done so.

It is not a rule, but a general guide that a lawyer told us about. I have a cousin here who overstayed her visa and is about to marry; there is absolutely no problem for her as far as her legal counsel told them, so I understand that. The problem arises if someone comes to the U.S. on a tourist visa, marries within the week and then applies for AOS; it would be hard to deny there was no intent there. Now, like I said, a previous post was right: her boyfriend can come, they can get married, and then he can return to France and start their spouse visa process. However, telling an immigration officer as he passes through the airport that he came to marry is gonna be huge red flag.

[Boiler 45,899]

53 minutes ago, dnyal said:

It is not a rule, but a general guide that a lawyer told us about. I have a cousin here who overstayed her visa and is about to marry; there is absolutely no problem for her as far as her legal counsel told them, so I understand that. The problem arises if someone comes to the U.S. on a tourist visa, marries within the week and then applies for AOS; it would be hard to deny there was no intent there. Now, like I said, a previous post was right: her boyfriend can come, they can get married, and then he can return to France and start their spouse visa process. However, telling an immigration officer as he passes through the airport that he came to marry is gonna be huge red flag.

Did the Lawyer provide any details of any relevant court cases?