Marriage after tourist visa?

[Cathi 5,746]

4 hours ago, R. Wolfe said:

 

I certainly wouldn't want that! It's all hypothetical (and likely years away) at this point regardless. When I read "if someone visiting on a tourist visa gets married then they can stay for the I-130 process without repercussions - but it's better if you marry after they overstay the visa", I thought "that doesn't sound right - for a couple of reasons".  So I came by here to check.  

If I ever do decide to pop the question while she's here then she'll still go home after. That had been my assumption of how things worked anyway, but I would have been kicking myself if we did that and then found out she could have stayed in the US! It would save a lot in travel expenses but it would be a pain logistically given her stuff (and job and family and obligations) back home. Being together every day would be been nice though.

 

Anyway, thank you - everyone - for the help!

 

Traveling to the U.S using a tourist visa with the INTENT to STAY and adjust status is visa fraud and will result in deportation and a permanent ban. If she is in the U.S right now she can pursue adjustment of status. If she's not in the U.S currently or if she's in the U.S right now, then leaves only to return using her tourist visa to adjust status, she CANNOT-visa fraud.. This post alone shows intent. 

[EmilyW 1,434]

OP, I would guide against her taking any advice from sources other than official government sources.  If she is here now, and you're prepared for the costs of adjusting status (not cheap at all), and she is prepared not to work or travel overseas for an extended period, go right ahead, marry, and adjust.