Advice Needed: Marrying Girlfriend on a Tourist Visa

[MrAmit 2]

Hi everyone,

I need some guidance. My girlfriend is in India and has a U.S. tourist visa. She wants to come here, and we’re planning to get married. However, I’ve heard that getting married on a tourist visa, especially within 90 days of arrival, could raise red flags and risk her visa being questioned or denied.

What’s the safest way to proceed? Should we:

• Avoid marrying on a tourist visa?
• Apply for a K-1 fiancée visa instead?
• Wait a specific time after she arrives to get married?

I’m a U.S. citizen, and we want to ensure everything is done legally and smoothly. Any advice or experiences would be greatly appreciated!

Thanks in advance!

[wildbug100420 139]

8 minutes ago, MrAmit said:

Hi everyone,

I need some guidance. My girlfriend is in India and has a U.S. tourist visa. She wants to come here, and we’re planning to get married. However, I’ve heard that getting married on a tourist visa, especially within 90 days of arrival, could raise red flags and risk her visa being questioned or denied.

What’s the safest way to proceed? Should we:

• Avoid marrying on a tourist visa?
• Apply for a K-1 fiancée visa instead?
• Wait a specific time after she arrives to get married?

I’m a U.S. citizen, and we want to ensure everything is done legally and smoothly. Any advice or experiences would be greatly appreciated!

Thanks in advance!

How many times have you met in person? Quality time together over multiple times is best regardless of K1 or spouse visa. 

 

Girlfriend must be completely honest when answering questions from cbp about her intentions. 

[Boiler 45,794]

You can do Vegas same-day she arrives then she goes home, you file the I 130 and the wait begins.

[MrAmit 2]

9 minutes ago, wildbug100420 said:

How many times have you met in person? Quality time together over multiple times is best regardless of K1 or spouse visa. 

 

Girlfriend must be completely honest when answering questions from cbp about her intentions. 

We met 3 times so far. 1 in India, 1 in Turkey and 1 in USA. She came to US last year to visit me on B-1 visa.

9 minutes ago, Boiler said:

You can do Vegas same-day she arrives then she goes home, you file the I 130 and the wait begins.

But I'd rather she don't go back. Is it too risky for her to stay here after the wedding? Or too risky to get married here?

[Boiler 45,794]

You could marry in any of those places

[Boiler 45,794]

Marry in India and file the I 130

 

Or got the K1 route, I prefer the marry in India

[wildbug100420 139]

11 minutes ago, MrAmit said:

We met 3 times so far. 1 in India, 1 in Turkey and 1 in USA. She came to US last year to visit me on B-1 visa.

But I'd rather she don't go back. Is it too risky for her to stay here after the wedding? Or too risky to get married here?

If the intent is to marry and adjust status before she enters the US then it's not allowed. She can marry in USA and return to consular process.

[appleblossom 2,838]

44 minutes ago, MrAmit said:

I’m a U.S. citizen, and we want to ensure everything is done legally and smoothly.

 

Then forget the 'I'd rather she don't go back' thought, as that's immigration fraud. She can visit and marry you, that's no problem at all. She just can't intend to stay, and must return to India for consular processing. 

 

Good luck. 

[SalishSea 17,988]

24 minutes ago, MrAmit said:

We met 3 times so far. 1 in India, 1 in Turkey and 1 in USA. She came to US last year to visit me on B-1 visa.

But I'd rather she don't go back. Is it too risky for her to stay here after the wedding? Or too risky to get married here?

Not just risky, it’s FRAUD.   Petition her for a visa, properly..

[MrAmit 2]

1 minute ago, appleblossom said:

 

Then forget the 'I'd rather she don't go back' thought, as that's immigration fraud. She can visit and marry you, that's no problem at all. She just can't intend to stay, and must return to India for consular processing. 

 

Good luck. 

Then once she's gone, can she come back on B-1/2 visa while the process is going on or not?

[appleblossom 2,838]

1 minute ago, MrAmit said:

Then once she's gone, can she come back on B-1/2 visa while the process is going on or not?

 

Yes, absolutely - obviously entry isn't guaranteed, as it's up to the officer each time, but there's no restriction on visiting whilst it's being processed. 

 

As long as she doesn't intend to try and stay when she enters as a visitor, it's all good. 

[MrAmit 2]

12 minutes ago, appleblossom said:

 

Yes, absolutely - obviously entry isn't guaranteed, as it's up to the officer each time, but there's no restriction on visiting whilst it's being processed. 

 

As long as she doesn't intend to try and stay when she enters as a visitor, it's all good. 

Can she stay in the U.S. for six months on a tourist visa while I apply for a K-1 visa for her during that time? Would this cause any issues?

[appleblossom 2,838]

12 minutes ago, MrAmit said:

Can she stay in the U.S. for six months on a tourist visa while I apply for a K-1 visa for her during that time? Would this cause any issues?

 

How can she stay for so long, does she not have a job in India? Trying to enter for that long, with a USC boyfriend, could be risky, but she can certainly try. 

 

Just to be clear though, she will still have to return to India to finish visa processing, whichever visa route you go down. 

[MrAmit 2]

2 hours ago, appleblossom said:

 

How can she stay for so long, does she not have a job in India? Trying to enter for that long, with a USC boyfriend, could be risky, but she can certainly try. 

 

Just to be clear though, she will still have to return to India to finish visa processing, whichever visa route you go down. 

What are the chances of k1 visa getting rejected? 

[OldUser 7,034]

13 minutes ago, MrAmit said:

What are the chances of k1 visa getting rejected? 

Rejection is mostly in your control. Petitions get rejected when you don't provide enough evidence, if you use incorrect forms or include incorrect payment.

 

Denial is different, and not everything is in your control. Chances of denial are relatively low as long as you can prove relationship is genuine. 

K-1 overall takes longer (if you count until GC is in hand) and is more expensive route.