Married already, Now got Tourist Visa

[Alabama123 1]

I got married to my wife who is a USC. We have not filed for fiancee or spouse visa. I just got my tourist visa to US. Can i be able to adjust my status over there? OR since we are married in another country do i need a spouse visa to live in US. Your comments are so welcomed.

[bigdog 376]

If you were married and arrive on a tourist visa you will have to lie about your entry to US, you are not here as a tourist but to live as married. See the guides; http://www.visajourney.com/content/i130guide1 and I would review others in your situation here on VJ. File as married and enter legally. FYI a Finance visa does not apply to a married couple.

[Alabama123 1]

You mean i can adjust to live over there? What are the chances?

[Tygrys 143]

You should apply for CR-1 visa. Use the link in previous post for a guide.

[Alabama123 1]

I already got a tourist visa so i have to come back and and apply for spouse visa? Why can't i adjust?

[Harpa Timsah 13,258]

It is illegal to enter the US on a non-immigrant visa with the intent to immigrate. That's why you can't adjust. Did you disclose you were married to a USC on your tourist visa application?

[C-ma'am 684]

I already got a tourist visa so i have to come back and and apply for spouse visa? Why can't i adjust?

Because entering the country on a visitor visa with the intention to Adjust Status is visa fraud.

[JohnR! 5,495]

I got married to my wife who is a USC. We have not filed for fiancee or spouse visa. I just got my tourist visa to US. Can i be able to adjust my status over there? OR since we are married in another country do i need a spouse visa to live in US. Your comments are so welcomed.

The latter. Since you're married already you will need a IR/CR visa to be able to come live in the US. Your wife can start the process immediately by filing the initial petition. Check out link below:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=10093e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=10093e4d77d73210VgnVCM100000082ca60aRCRD

I am sure that when you interviewed for your visa the IO must have warned you that you could not use a tourist visa to enter the US and adjust your status. In fact, that the consulate issued you a tourist visa, knowing you're married to a US citizen is a strike of luck, so consider doing things the right and legal way to avoid problems with the USCIS.

Good luck!

Edited November 20, 2012 by Gegel

[Sandra G. 5,057]

You can't lie to the immigration officers and if you say" I am visiting my wife and i will apply for AOS of course they won't allow you to enter in the Country,but if you do not say your real intent you are misrepresenting your case. The best option is file Cr1 visa and then come to USA to visit her.

[Asia 2,498]

I already got a tourist visa so i have to come back and and apply for spouse visa? Why can't i adjust?

Because a tourist visa is for a visit and not to immigrate which you intend to do.

Edited November 20, 2012 by Asia

[GandK 168]

Tourist Visa is not for getting married and staying permanently.

tour·ist/ˈto͝orist/

Noun:A person who is traveling or visiting a place for pleasure.Synonyms:tripper - sightseer - traveller - visitor - traveler

Edited November 21, 2012 by GandK

[jaycali 415]

I already got a tourist visa so i have to come back and and apply for spouse visa? Why can't i adjust?

A tourist visa allows you to enter the US for up to 180 days for tourism purposes only. If you arrive at the airport with a tourist visa and tell the CBP officer "I am coming here to live with my wife adjust status!" you wouldn't be a tourist, would you?

No, so the CBP officer, by law, would be required to put you on the first flight back home, cancel your visa and tell you apply for a CR-1 spousal visa.

Now, if you choose to tell the CBP officer "I'm a tourist!" and then head straight for Fedex Kinkos with your wife to send off your adjustment of status package, you just committed immigration fraud by lying to the CBP. That my friend is a felony making you subject to deportation and a lifetime bar from re-entry.

Edited November 21, 2012 by Jay Jay

[M1ght 0]

Hi! I have the same situation. I'm married to a USC in my home country last year but I have a 10 year multiple entry US visa. Been visiting my wife 3x a year staying for several weeks-months since I also have a job back home. Applying for a change of status have entered our mind but we didn't go through it since we've heard conflicting opinions about it and never consulted a lawyer. Some says it's no problem but other says it's visa fraud. I understand your point because it seems like "why do you have to wait for your CR1/IR1 visa in your home country for several months to years while you can easily apply for a change of status over there with your tourist visa? Right?" I guess it's really up to you if you want to take to the risk or be cautious about it. If your sole reason is to be with your spouse then just use your tourist visa then come back home before it expires and you can come back again. The only problem about this is that you can't apply or take a job while in your tourist visa. It's actually the reason why I can't stay long while visiting my wife. Oh! There's also no problem with your tourist visa while your petition to migrate is on the process just tell the officer at the port of entry that you just intend to visit your spouse and not migrate there until your petition was approved. Hope this helps.

[jaycali 415]

Hi! I have the same situation. I'm married to a USC in my home country last year but I have a 10 year multiple entry US visa. Been visiting my wife 3x a year staying for several weeks-months since I also have a job back home. Applying for a change of status have entered our mind but we didn't go through it since we've heard conflicting opinions about it and never consulted a lawyer. Some says it's no problem but other says it's visa fraud. I understand your point because it seems like "why do you have to wait for your CR1/IR1 visa in your home country for several months to years while you can easily apply for a change of status over there with your tourist visa? Right?" I guess it's really up to you if you want to take to the risk or be cautious about it. If your sole reason is to be with your spouse then just use your tourist visa then come back home before it expires and you can come back again. The only problem about this is that you can't apply or take a job while in your tourist visa. It's actually the reason why I can't stay long while visiting my wife. Oh! There's also no problem with your tourist visa while your petition to migrate is on the process just tell the officer at the port of entry that you just intend to visit your spouse and not migrate there until your petition was approved. Hope this helps.

There's not really any confusion about the legality here. Again, in a nut shell:

Enter on a tourist visa with the intention of going home = No problem, that's what it's for.

Enter on a tourist visa with the intention of adjusting status and being honest to CBP = First plane home. CBP says "go home and apply for CR-1/IR-1 visa."

Enter on a tourist visa with the intention of adjusting status, and lying to CBP = Fraud, deportation, lifetime bar.

Enter on a tourist visa with the intention of going home, but deciding after entry to adjust status = No problem, you are allowed to change your mind.

Edited November 26, 2012 by Jay Jay

[aaron2020 11,651]

There's not really any confusion about the legality here. Again, in a nut shell:

Enter on a tourist visa with the intention of going home = No problem, that's what it's for.

Enter on a tourist visa with the intention of adjusting status and being honest to CBP = First plane home. CBP says "go home and apply for CR-1/IR-1 visa."

Enter on a tourist visa with the intention of adjusting status, and lying to CBP = Fraud, deportation, lifetime bar.

Enter on a tourist visa with the intention of going home, but deciding after entry to adjust status = No problem, you are allowed to change your mind. (Big problem if USCIS doesn't believe this story.)