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lynne14

marriage on a tourist visa

By lynne14 in K-1 Fiance(e) Visa Process & Procedures

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lynne14 Newbie

lynne14   0

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Hi!

I have a tourist visa, and i have been a constant visitor in the US for the past 10 yrs. I have a bf who is a US citizen, we've been in a relationship for almost 7 years already. We maintain a long distance relationship in that span of time, and sometimes he visits me here in Uk and sometimes i visit him there in US when I have time as well.

We're planning to have a civil wedding in california on feb 2007.(while im on a tourist visa) With my intentions on coming back to Uk after a month, coz i have work here and i have to arrange our church wedding here to be held on jan. 2008. (with the usual 1 yr wedding preparation) (i have always wanted to have a church wedding here in UK)

Is it legal to get married in the US even if you have a tourist visa? and even if i have intentions of going back to my country.

One more thing, after our church wedding in UK, is it okay to use my tourist visa to go with my husband in the US, and just file my adjustment status in the US? or is it better to file my adjustment status right after our CIVIL wedding in california. Or if you have any legal advice regarding this matter...or any options..:-) thanks so much!

cheers,

Lynn

tmma Experienced

tmma   467

Posted
Filed: Country: Netherlands
 Timeline
Posted

In my opinion- ( and this is just my opinion)...I WOULD NOT get married to your USC b/f on a tourist visa!

From what I have researched-marrying whilst on VWP ( or tourist visa), would make any type of AOS or visa applications terribly complicated.

Liefde is een bloem zo teer dat hij knakt bij de minste aanraking en zo sterk dat niets zijn groei in de weg staat

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IK HOU VAN JOU, MARK

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Take a large, almost round, rotating sphere about 8000 miles in diameter, surround it with a murky, viscous atmosphere of gases mixed with water vapor, tilt its axis so it wobbles back and forth with respect to a source of heat and light, freeze it at both ends and roast it in the middle, cover most of its surface with liquid that constantly feeds vapor into the atmosphere as the sphere tosses billions of gallons up and down to the rhythmic pulling of a captive satellite and the sun. Then try to predict the conditions of that atmosphere over a small area within a 5 mile radius for a period of one to five days in advance!

---

Kez/JWolf Mentor

Kez/JWolf   6

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Filed: Timeline
Posted

You can not enter on a tourist visa with the intention of doing AOS.... nothing to stop you getting married and returning to UK then file for K3 visa.....

Only way you can do AOS from a tourist visa is if you entered the US and then on the spur of the moment got married... but as you are already planning your wedding that would not be the case.... and of course if you did get married on the spur of the moment you would have to have evidence that you did not intend to remain in US when you entered....

Kezzie

john_and_marlene Mentor

john_and_marlene   162

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Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)

using a tourist visa to enter the U.S. with the intention of staying is misuse of the tourist visa and is considered fraud. If you want to get married in the UK, he can then petition for CR1/IR1 and K3. If you want to get married in California, he can petition for K1.

You can come on a tourist visa and get married and then return home and then file for the CR1/IR1 and K3.

Edited by john_and_marlene

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zyggy Experienced

zyggy   9

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Filed: Country: Canada
 Timeline
Posted (edited)
using a tourist visa to enter the U.S. with the intention of staying is misuse of the tourist visa and is considered fraud. If you want to get married in the UK, he can then petition for CR1/IR1 and K3. If you want to get married in California, he can petition for K1.

You can come on a tourist visa and get married and then return home and then file for the CR1/IR1 and K3.

It's perfectly fine and legal to get married in the US on a tourist visa as long as your intention is to return home...

The problem is that you may have to convince a CBP officer of that fact... there is a significant risk of your not being permitted to enter the US if CBP knows of your wedding plans...

The answer to your second question is no... once you are married and have left the US, it is very difficult to be able to prove to a USCIS adjudicator that it was your intention to immigrate after you are already married. The risk of denial due to adjusting your status based on tourist status from an entry after your marriage is relatively higher and is not worth the risk IMHO...

You have quite a bit of time between your civil marriage and your church marriage. I would file an I-130 after your civil marriage and go though with consular processing of your CR-1 visa. When you enter with a CR-1 visa, you become a permanent resident and can travel back and forth between the US and the UK at will.

Edited by zyggy

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

David&Erin_Owens Explorer

David&Erin_Owens   0

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Filed: AOS (apr) Country: Ireland
 Timeline
Posted

There is no problem with entering the United States on a tourist visa, and then getting married. You just have to show that you are planning on returning home afterward. I would suggest making sure that you have plenty of documentation to that fact (i.e. letter from employer in UK, etc....) Good luck with everything!

David & Erin [br]5962a06.jpg.png

6/19/2002- Met Online

11/10/2002- Met in person for the first time at Buffalo International Airport we spend a blissful but all too short week together.

2/23/03- David proposes on the beach in Melbourne Florida at sunrise during his second visit.

9/26/03- After much talk with USCIS we decide to go ahead and get married during David's third visit, with David planning on returning to Ireland the following week.

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4/4/06- Green card arrives. We are now free to travel back to Ireland so David can see his family for the first time in more than two years.

JianWa Rookie

JianWa   0

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Filed: K-1 Visa Country: China
 Timeline
Posted

Has anyone tried it before on a tourist visa? I have been wondering about the same thing. My situation is a bit different then the creator of this subject.

This morning, my fiancee woke me up around 4am in the morning saying she got her tourist visa(which I thought she would not get it since she is a Chinese citizen going to school in London).

So I'm exploring if it's a good idea to maybe marry her once she arrives in California or not. I've read the application for spouse coming to US where there is a paragraph that states that if she is already in the US, you can apply for XYZ form for her to stay in the US while they are processing it.

So anyone tried it before and share their experience. I really wish to have her come here as soon as possible. Currently I'm slowly filling out the Fiancee visa forms and send them to USCIS sometime next month.

**Apologies if some think I should create a different subject. I thought of posting it here since its a bit releated**

zyggy Experienced

zyggy   9

Posted
Filed: Country: Canada
 Timeline
Posted
Has anyone tried it before on a tourist visa? I have been wondering about the same thing. My situation is a bit different then the creator of this subject.

This morning, my fiancee woke me up around 4am in the morning saying she got her tourist visa(which I thought she would not get it since she is a Chinese citizen going to school in London).

So I'm exploring if it's a good idea to maybe marry her once she arrives in California or not. I've read the application for spouse coming to US where there is a paragraph that states that if she is already in the US, you can apply for XYZ form for her to stay in the US while they are processing it.

So anyone tried it before and share their experience. I really wish to have her come here as soon as possible. Currently I'm slowly filling out the Fiancee visa forms and send them to USCIS sometime next month.

**Apologies if some think I should create a different subject. I thought of posting it here since its a bit releated**

By stating that fact that you are planning to have her stay in the US after she arrives on a tourist visa, you are already well on the path of committing visa fraud. To enter the US with the intent to get married and stay is illegal.

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

Ladylethal Grand Master

Ladylethal   12

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Filed: Citizen (apr) Country: Brazil
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Posted

Actually, as far as I know, if your intentions are not to stay in US after this marriage, there's nothing wrong with getting married while on a turist visa. Many websites I visited had propaganda saying "Come get married in (insert US place here) and have your honeymoon at the (insert name here) ressort", even when both parties are foreign.

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Euro Proficient

Euro   3

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Filed: Lift. Cond. (pnd) Timeline
Posted

I came on a visit to the US on the VWP, got married then returned to England to process the visa paper work!!

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David&Erin_Owens Explorer

David&Erin_Owens   0

Posted
Filed: AOS (apr) Country: Ireland
 Timeline
Posted
Has anyone tried it before on a tourist visa? I have been wondering about the same thing. My situation is a bit different then the creator of this subject.

This morning, my fiancee woke me up around 4am in the morning saying she got her tourist visa(which I thought she would not get it since she is a Chinese citizen going to school in London).

So I'm exploring if it's a good idea to maybe marry her once she arrives in California or not. I've read the application for spouse coming to US where there is a paragraph that states that if she is already in the US, you can apply for XYZ form for her to stay in the US while they are processing it.

So anyone tried it before and share their experience. I really wish to have her come here as soon as possible. Currently I'm slowly filling out the Fiancee visa forms and send them to USCIS sometime next month.

**Apologies if some think I should create a different subject. I thought of posting it here since its a bit releated**

My husband and I did this. However, although we were engaged when he came here on a tourist visa, we had no intention of marrying at that time. We literally woke up and said, "Let's get married" If you have the INTENTION of getting married when she comes over, technically she'll have to go home afterward. Our experience with this way of doing things (getting married on tourist visa, then applying for adjustment of status or "AOS") was very positive. Even though we had been engaged, our interviewer never asked if we had intended to marry before my husband came over. However, if the interviewer had wanted to he could have REALLY held up our petition, because there was no proof that David had intended to go back to Ireland. Other than his plane ticket. I would suggest either doing the K1 (fiancee) visa, or if you really want to get married and don't mind being separated afterward, go ahead and get married on the tourist visa and then when she gets back home, file for the K3 (spouse) visa. Good luck!!

David & Erin [br]5962a06.jpg.png

6/19/2002- Met Online

11/10/2002- Met in person for the first time at Buffalo International Airport we spend a blissful but all too short week together.

2/23/03- David proposes on the beach in Melbourne Florida at sunrise during his second visit.

9/26/03- After much talk with USCIS we decide to go ahead and get married during David's third visit, with David planning on returning to Ireland the following week.

9/30/03- Phone USCIS to ask questions on filling out paper work and USCIS officer informs us that if David is already here he doesn't need to leave. After numerous calls to the Irish Embassy and two more calls to USCIS to confirm, we decide he will stay.

12/02/03- Petition for AOS recieved

10/8/04- EAD FINALLY arrives

11/10/2004- Our Son Colin Michael Kieran born two years to the minute after our first face to face meeting!

1/26/06- Recieved interview appointment letter.

3/09/06- AOS approved! David is a permanent resident with stamp in passport.

4/4/06- Green card arrives. We are now free to travel back to Ireland so David can see his family for the first time in more than two years.

zyggy Experienced

zyggy   9

Posted
Filed: Country: Canada
 Timeline
Posted (edited)
Actually, as far as I know, if your intentions are not to stay in US after this marriage, there's nothing wrong with getting married while on a turist visa. Many websites I visited had propaganda saying "Come get married in (insert US place here) and have your honeymoon at the (insert name here) ressort", even when both parties are foreign.

Yes.. the issue comes up with the INA 214B immigrant intent provision. You will get a CBP officers attention when someone admits that they are getting married to a USC during their period of authorized stay. It can be a pretty high bar to prove to a CBP officer that someone who is marrying a USC on that visit has no intention of staying in the US after the marriage. It is natural for married couples to want to be together.

Indeed there are many CBP officers that won't permit an entry to a alien that has ties to the US as significant as a spouse.

Edited by zyggy

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

JianWa Rookie

JianWa   0

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted

Well, I know the thoughts of going through Tourist visa and then marriage will be in our mind. To actually do it is not sure. Before I asked, the some people posted negative comments of doing it because of FRAUD issues. That is worrisome and not sure if its worth the risk of complictions. Then again, we might do it at the "spur of the moment" even if we come to a conclusion of not doing at first.

Any thoughts?

zyggy Experienced

zyggy   9

Posted
Filed: Country: Canada
 Timeline
Posted
Well, I know the thoughts of going through Tourist visa and then marriage will be in our mind. To actually do it is not sure. Before I asked, the some people posted negative comments of doing it because of FRAUD issues. That is worrisome and not sure if its worth the risk of complictions. Then again, we might do it at the "spur of the moment" even if we come to a conclusion of not doing at first.

Any thoughts?

You're talking about it.. you have the intent... period..

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted (edited)

How can you say its spur of the moment if you have already thought about and posted your toughts here????

Supr of the moment means just that... up to that point in time you had never thought about getting married.... never asked each other about marriage... not posted on a marriage based forum about how it would work.....

Sounds very much like you should spend your time looking into K1 or K3 visas....

I came here and yes I got married on the spur of the moment... my husband was just a friend of my family nothing more... we had know eachother for many years but never in any other way but friends... I came to recover from major surgery staying with his parents... we then fell in love...

Doing AOS from within the states on a VWP/Tourist visa is not what I would recommend to anyone.... I could not leave the country until I had a greencard (even in an emergancy) or I would be refused re-entry... We had no way of knowing if we would be approved at AOS interview and because I came on VWP we had no right of appeal if we were denied....

Kezzie

Edited by Kezzie
 
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