I am a U.S. citizen, my chinese women has just came the USA on a travel visa. can i marry her so she can stay in the country with me

[michamtt54 0]

Hello I am a U.S. citizen. My girl friend from china has just come to the USA on a travel visa. Can I marry her so she can stay in the USA with me?

[az2014 381]

Hello I am a U.S. citizen. My girl friend from china has just come to the USA on a travel visa. Can I marry her so she can stay in the USA with me?

Before she travelled to the US, was her intent to marry you and stay once she was here?

[amberammo9915 19]

Yes you can marry her , she can stay and adjust , just make sure you can prove legitimate relationship.

[aaron2020 11,651]

Hello I am a U.S. citizen. My girl friend from china has just come to the USA on a travel visa. Can I marry her so she can stay in the USA with me?

Yes, you can marry her and she can stay. Read up on an Adjustment of Status (AOS).

A vistior visa is for visiting, not living here permanently. So it seems that she wasn't truthful at the interview.

That being said there is a process for that. See the Guides section here on VJ.

How do you know that she wasn't truthful at her interview? Where you there? Pure speculation on your part.

Before she travelled to the US, was her intent to marry you and stay once she was here?

No its not irrelevant.

Your question is completely irrelevant. Even if she did have the preconceived intent to immigrate, it doesn't matter. Google Matter of Cavazos and Matter of Battista.

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Wish people would just answer the question posed instead of interjecting their holier-than-thou opinions.

Edited April 13, 2016 by aaron2020

[Teddy B 17,252]

Yes, you can marry her and she can stay. Read up on an Adjustment of Status (AOS).

How do you know that she wasn't truthful at her interview? Where you there? Pure speculation on your part.

Your question is completely irrelevant. Even if she did have the preconceived intent to immigrate, it doesn't matter. Google Matter of Cavazos and Matter of Battista.

----

Wish people would just answer the question posed instead of interjecting their holier-than-thou opinions.

[JFH 12,191]

She can adjust. But bear in mind she won't be able to leave the country for some time - not even to return home to untie all those "strong ties" to her home country that she demonstrated in her visa application and interview.

[A'n'L 735]

Hello I am a U.S. citizen. My girl friend from china has just come to the USA on a travel visa. Can I marry her so she can stay in the USA with me?

Yes, you can. Check out the guides for concurrent I130/AOS on this site.

Your unfortunate ignorance of the "correct" path (applying and waiting for a visa in China), has put you in a more fortunate situation than most people on here. Hence some of the less friendly answers to your post.

However, your girlfriend/wife cannot work or travel abroad for quite some time (depending on how fast you get married and file the paperwork). If she for some reason needs/wants to do this, you should marry and have her return (before visa expiration) to China while waiting for the adjucation of your application. She may still visit using her travel visa during that process.

In either case, you must also prepare good evidence to demonstrate a bona fide relationship.

[Transborderwife 4,666]

Yes, you can. Check out the guides for concurrent I130/AOS on this site.

Your unfortunate ignorance of the "correct" path (applying and waiting for a visa in China), has put you in a more fortunate situation than most people on here. Hence some of the less friendly answers to your post.

However, your girlfriend/wife cannot work or travel abroad for quite some time (depending on how fast you get married and file the paperwork). If she for some reason needs/wants to do this, you should marry and have her return (before visa expiration) to China while waiting for the adjucation of your application. She may still visit using her travel visa during that process.

In either case, you must also prepare good evidence to demonstrate a bona fide relationship.

Aos is a correct path wether people like it or not. It's not breaking any laws, how is it incorrect?

It is not "holier than thou" it is just an opinion based off of what facts are at hand. It may be technically legal for them to get married now and AOS, but technically it isn't right. They more than likely knew what could happen while she was here. If they want to do it legally then she needs to go home and file the CR1. This is why alot of people on here get mad at this sort of thing because unlike this person, we have to go through it the legal and tedious way of doing things.

Aos is a legal and correct way. Otherwise it wouldn't be allowed.

[A'n'L 735]

Aos is a correct path wether people like it or not. It's not breaking any laws, how is it incorrect?

Oh, come on. Did you see the ""?

[Transborderwife 4,666]

Oh, come on. Did you see the ""?

Wasn't referring directly to you but to those who deem it incorrect and/or not the legal way

Edited April 13, 2016 by Transborderwife

[Teddy B 17,252]

It is not "holier than thou" it is just an opinion based off of what facts are at hand. It may be technically legal for them to get married now and AOS, but technically it isn't right. They more than likely knew what could happen while she was here. If they want to do it legally then she needs to go home and file the CR1. This is why alot of people on here get mad at this sort of thing because unlike this person, we have to go through it the legal and tedious way of doing things.

Opinions that falsely accuse a poster of committing immigration fraud are against the VJ TOS. Since there is no way of knowing what the poster or his girlfriend were thinking when she came into the US, then we are not in a position to judge them. She obviously did enough to satisify the CBP Officer who inspected her, because she was allowed entry. That is all she needed to do. AOS from a tourist visa is perfectly legal. There is no "technicality" to it. As Aaron said, just answer the question and leave your opinions aside, that's not what we're here for.

[MASH 172]

Yes you can marry her , she can stay and adjust , just make sure you can prove legitimate relationship.

How is that possible, don't they need to do a k1 or cr1 and then do the AOS?

[Transborderwife 4,666]

How is that possible, don't they need to do a k1 or cr1 and then do the AOS?

Because she's legally entered the USA. Once here one can marry and aos legally

[Loki_Go 126]

The concern is that she used her visitor visa to enter the US with the intent to marry and stay. That's fraud if they knowingly misused the visitor visa to eventually marry and adjust. However, OP didn't state what their initial intent was and since she's here legally, marrying and adjusting are certainly legal options for them. The onus will be on them to prove their intent when she entered the US was only for visiting and they decided to marry afterwards. I'm sure it'll come up in their AOS interview, right?

Edited April 13, 2016 by Loki_Go

[Transborderwife 4,666]

The concern is that she used her visitor visa to enter the US with the intent to marry and stay. That's fraud if they knowingly misused the visitor visa to eventually marry and adjust. However, OP didn't state what their initial intent was and since she's here legally, marrying and adjusting are certainly legal options for them. The onus will be on them to prove their intent when she entered the US was only for visiting and they decided to marry afterwards. I'm sure it'll come up in their AOS interview, right?

Actually it's not. Intent alone is not enough to deny an aos as per matter of battista. People who aos from tourist visa all of the time on here mention how it was never mentioned to them in interviews.

Edited April 13, 2016 by Transborderwife