Marrying in the USA

[visaveteran1 33]

If my fiancee can get to the USA on a tourist visa to visit a relative, can we marry in the USA during her visit and then do a K-3?

[L_n_O 3]

sure, but she'll have to return home to do the k3

you can also marry and adjust status in the usa and she can just stay...

however, this is iffy cuz you're planning to do this and it's not exactly just spontaneously....

[pushbrk 13,211]

sure, but she'll have to return home to do the k3

you can also marry and adjust status in the usa and she can just stay...

however, this is iffy cuz you're planning to do this and it's not exactly just spontaneously....

It's not iffy. It's visa fraud. She must go home before the date her allowed stay ends. On the other hand you can file for a K1 fiance visa now and marry when she gets here and stays.

Please read the guides.

[Yodrak 7]

seanconneryii,

Yes.

Yodrak

If my fiancee can get to the USA on a tourist visa to visit a relative, can we marry in the USA during her visit and then do a K-3?

[Urge To Race 2]

If my fiancee can get to the USA on a tourist visa to visit a relative, can we marry in the USA during her visit and then do a K-3?

Answering your question literally, the answer is yes. You can marry while she's here. Then, she would return home when her visitor's visa ends. She would not overstay, and you would petition for the K3. She would await in her home country until the visa process is complete, then join you here on the K3, and adjust status to get a Green Card.

If you want her to come and then stay and try to AOS off the visitor's visa, as pushbrk says: visa fraud. Your fiancee knowingly and willing entered on a non-immigrant visa with the intent of staying. :no: Not a good idea.

K1s are not hard to get if you have a legit relationship and you met in person in the last 2 years. Much better way to go.

Cheers

[L_n_O 3]

Just to clarify, The reason why I used the word 'iffy' in my post was technically people who are here on say a student visa do on occasion meet and then wed and adjust status with no problem..

So, technically it does happen.. but since the OP himself said that he's thinking of marrying her here when she comes to visit, he really can't take advantage of this scenario because he has the intention to possibly marry her here in the hopes that she can just stay..

Hence my iffy.. saying technically some people can do it, but because you're not doing it spontaneously (thus intent), you can't..

[Yodrak 7]

liz_legend 'n Ol,

Nothing technical about it - people who are here on say a student visa and who meet and then wed a USC and adjust status are perfectly free to do so. The law is written to allow it.

Read the seanconneryii's post again - he specifically asked about his fiancee entering as a visitor, marrying him, and then applying for a K3 visa. This is quite proper. He did not ask about her entering as a visitor, marrying him, and staying as an immigrant. It is you, not him, who suggested the possibility of entering as a non-immigrant and then staying as an immigrant after the marriage, and this is not allowed when it is planned in advance.

Yodrak

Just to clarify, The reason why I used the word 'iffy' in my post was technically people who are here on say a student visa do on occasion meet and then wed and adjust status with no problem..

So, technically it does happen.. but since the OP himself said that he's thinking of marrying her here when she comes to visit, he really can't take advantage of this scenario because he has the intention to possibly marry her here in the hopes that she can just stay..

Hence my iffy.. saying technically some people can do it, but because you're not doing it spontaneously (thus intent), you can't..

Edited July 10, 2007 by Yodrak

[L_n_O 3]

My mistake then.

[Kym 0]

**taking notes**