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Tourist Visa Holder marrying a US Citizen

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  • Tourist Visa Holder marrying a US Citizen

    Hi! I'm new to this and would like to get more info on my situation. My girlfriend wants me to go to the US and marry her there, I only have a Tourist Visa right now.

    Question:
    1. Is it illegal for her to petition me right away after marriage?
    2. What should we do after marriage if number one is illegal?
    3. What should she file for my petition, is it the K-Visa?

    Thanks in advance!

  • #2
    this is where you would want to consult a lawyer.

    INS doesn't like it when people try to immigrate just on a tourist visa alone.

    In fact I don't think you will be able to do that.

    she may have to go back and apply for a K visa.
    bb_5555

    8/25/04 sent app
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    • #3
      Chances of rejection is high, if you enter in tourist visa and marry US Citizen. So its better to get K-1 visa, and adjust the status to obtain Green Card.

      Comment


      • #4
        Originally posted by masterman View Post
        Hi! I'm new to this and would like to get more info on my situation. My girlfriend wants me to go to the US and marry her there, I only have a Tourist Visa right now.

        Question:
        1. Is it illegal for her to petition me right away after marriage?
        2. What should we do after marriage if number one is illegal?
        3. What should she file for my petition, is it the K-Visa?

        Thanks in advance!
        To answer your actual questions.

        1.) Yes, in this case it would be illegal BECAUSE you already have an immigrant intent and would be committing immigration fraud upon entry IF you try to stay and adjust status.

        1.) No, she could immediately file an I-130 for you as her spouse BUT would need to indicate that you will be pursuing Consular Processing abroad AND then you depart within the time allotted on your I-94. HOWEVER, If you told the CBP Officer that you were coming here to get married, you would be denied entry unless you had a K-1 visa.

        2.) Why would you ask this IF you contemplate that your girlfriend's plan is illegal? Don't pursue the foolish course of action. Have her file an I-129F on your behalf so that you can come as her Fiance and legally enter and legally marry and legally stay and file for adjustment of status.

        3.) The proper form is I-129F for a K-1 visa. See form at www.uscis.gov
        Last edited by BigJoe5; 14th September 2011, 12:49 PM. Reason: fix typo

        Comment


        • #5
          Originally posted by masterman View Post
          Hi! I'm new to this and would like to get more info on my situation. My girlfriend wants me to go to the US and marry her there, I only have a Tourist Visa right now.

          Question:
          1. Is it illegal for her to petition me right away after marriage?
          2. What should we do after marriage if number one is illegal?
          3. What should she file for my petition, is it the K-Visa?

          Thanks in advance!
          I will share my experience, I came here on a tourist visa, although I came 1 month before our wedding and flew to my aunt's house to visit first. At inspection they didn't ask me anything. The only reason why I did what I did was because I was not informed very well by the lawyer my husband and I consulted. She said it wasn't illegal. The fact of the matter is rejection rate is not high at all unless you either lie at inspection at the airport, or you simply obtained a visa to go get married. Tourist visa's are just that, they are for tourism, they are not for getting married. So in a sense it is immigrant intent and illegal because you are implying when you fly on a tourist visa that you plan to return home when indeed you aren't. My advice is take the CP road because it is less nerveracking, its legal and while it may cost more it is the right way to do it.
          ASC: East York, PA| DO: Philadelphia, PA
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          I-751
          8/21 - Package Sent
          8/22 - Received!
          8/27 - Check Cashed
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          9/20 - Bio Done!
          12/4 - Approved
          12/13 - GC in hand!

          Comment


          • #6
            Originally posted by beautifulorchid View Post
            My advice is take the CP road because it is less nerveracking, its legal and while it may cost more it is the right way to do it.
            Since they aren't married yet, the fiance visa would be a better route than I-130 CP.

            EB3 ROW I-485 Approved: July 2007
            USC: July 2013
            I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

            Comment

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