Is K-1 visa the answer?

[Kimali 0]

I’m a US citizen and my boyfriend is from outside of the US. I’ve been living abroad for 4 years due to studies and I recently moved back the  US a month ago and I’m working already, my boyfriend came to visit las week, he’s here with his tourist visa. So basically I’d like to know if we can just get married in the US now that he’s here and then request for an adjustment of status, or if he has to go back to his country and while apart we have to ask for a K-1-? My main concerns are 2:

  1. I read somewhere that he can have issues if we get married while he’s here because he’s with a tourist visa and that we should wait 30/60/90 days

  2. I don’t know if it affects in someway the fact that I’ve been living abroad for 4 years and recently came back to the US. 

 

Thanks!

[arken 4,197]

37 minutes ago, Kimali said:

if we can just get married in the US now that he’s here and then request for an adjustment of status,

You two can do so.

[Crazy Cat 42,062]

1 hour ago, Kimali said:

I’m a US citizen and my boyfriend is from outside of the US. I’ve been living abroad for 4 years due to studies and I recently moved back the  US a month ago and I’m working already, my boyfriend came to visit las week, he’s here with his tourist visa. So basically I’d like to know if we can just get married in the US now that he’s here and then request for an adjustment of status, or if he has to go back to his country and while apart we have to ask for a K-1-? My main concerns are 2:

  1. I read somewhere that he can have issues if we get married while he’s here because he’s with a tourist visa and that we should wait 30/60/90 days

  2. I don’t know if it affects in someway the fact that I’ve been living abroad for 4 years and recently came back to the US. 

 

Thanks!

1.  That is a myth.  There is no 30/60/90 day rule for USCIS.

2.  No effect.

 

Be aware that he cannot work or leave the US for up to a year.  

Follow this guide:

 

Edited August 23, 2021 by Crazy Cat

[KayDeeCee 4,895]

As long as he didn't enter on a tourist visa with the intent to stay, then perfectly legal to marry now and file for adjustment of status.

 

There is no '90 day rule'. It was something mentioned in the USCIS policy manual, and never an actual rule. It has been removed from the policy manual > 

 

Technical Update - Removing References to the U.S. Department of State’s 90-Day Rule

July 16, 2021

This technical update to Volume 8 removes all references to the U.S. Department of State’s 90-day rule.

 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3