Marriage to a US Citizen while in USA on a Visitor's Visa?

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stayvisible

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Hello. I am soon to become a US Citizen. I am currently a Legal Permanent Resident (GC Holder). My beautiful fiancee is French and currently lives in France. We wish to marry and live in the USA. My fiancee intends to come to the USA on a visitor's visa (3 months). After this time she intends to return to France briefly, before returning to the USA again on a Visitor's visa (3 months). Upon her return we would like to marry in the USA and then apply for Adjustment of Status (AOS) for her so that we can remain together and she can live with me in California. Filing form I-485 would appear to allow us to do this.

I have read a great deal on this forum about the do's and don'ts of fiancee's and marriage to USA citizens. As far as I can see there is nothing illegal about our proposed method of pursuing marriage and our life together in a timely manner. I was curious if anyone else has gone through a similar process and can offer guidance/insight/help?

Am I correct in my interpretation of the rules regarding this? I would be very grateful for any insight forum members/moderators could give me on this subject.

Cheers,

Andy :)
 
Hm. About the first visit, there is nothing actually wrong with her coming to visit on a visitor's visa with the intent of going back home again. Only problem is that she might have problems at the PoE, because she is engaged to you, and they might doubt her intent of going home again (and they would be right concerning your plans for her second visit!!).
You know, a lot of people have adjusted their status having entered on a visitor's visa (like me), but I wasn't engaged when I entered and I didn't have a marriage in mind just yet!! It is a grey area, but it works. But honestly, if USCIS knew her (and your) intentions, you could get problems at the interview.
If you still intend to do this, you will have to tell little lies and don't get married until at least 30 days after her entry.

Therefore, I would suggest in your case that you do the Fiancee Visa thing (K1). She is still in France, so it's not like she has to leave you in order to come back. (I had the option too, but I was already here and I really didn't want to leave my husband.) The K1 Visa would be the legal way, and I don't think it takes longer than AOS. I heard it takes only around 4-5 months altogether, could be even faster.

This is just my humble opinion. Let's see what others have to say to this! :)
 
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well, if a visitor "intend" to come to US and get marry with a US citizen/GC holder, that is illegal.
However, it is difficult to proof the meaning of "intend", btw, I get marry with my wife last year and I was a visitor :p
 
Uhmm...interesting approach.

Even I was a B1/B2 visa as well every case is particular and has its own things, at the same time every interviewer is different and probably nothing will happen. There is no exact answer.

The first visit I don't see any problem, since there is no issues with being a fiance of a green card holder since the spouses of green card holders don't have immediate benefits. But to come as a fiance of a US citizen things could be different at the POE. Even I entered several times as a fiance I never had a trouble until the last time...but that is another story.

You say that she will return to France and then come back to stay...it is true that is hard to show the "intend" but that is the catch, is not in them is in you to overcome whatever issue.

My opinion is that you should be clear that a visitor visa is not a dual intent visa. And there are many factors that can be in consideration...how long you enter and stay as a visitor, etc. to name a few.

My personal experience is that they look the entire picture to see if you did not skip the law and not only few parts unfortunately that "view" depends on your interviewer and nobody can tell you that part.

If I have to do all over again I probably will go with a fiance visa, I would had the time to work more and safe more money and once I entered I would be able to work and get a SSN right away. As difference of AOS, a fiance visa cannot obtain all that right away.

At the end is your and your fiance's call. Remember that all that you say in a POE and write is under oath as same in your interview and a lie is never a good option.

Now, can you tell us when you will be a US citizen? because many things will depend on that as well.
 
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Thank you Patty579 for your lovely reply to my post :) I understand exactly what you are saying. Technically we are not engaged yet as I have not actually proposed. I am just thinking along those lines and so the word fiancee was a wee bit premature on my part. She had intended on the first visit only to come and visit me in the USA. It sounds like in your situation you came to the USA with this intent...just a visitor and with no plans of marriage...but then happily and spontaneously became married. Congratulations. So what you are telling me is this is a grey area but it is possible. After your marriage did you have to file an Adjustment of Status (I-485) and and a Petition for Alien Relative (I-130)?

Thanks again for your insight.

Andy
 
Thanks for your reply Micmic and congratulations on you marriage. You too it would seem have married on a visitors visa without "intent" as you put it. So it is technically possible. Cheers.
 
Hi Cherr1980. Thanks for your input :) And congratulations also. Yes I see what you are saying with regards to the visitor's visa not being a duel intent visa. And of course it would seem it does depend to a large extent on the viewpoint of the interviewer. Yes I agree that lying is never a good option and I would prefer not to do this. I have some thinking to do on that subject. I have recently applied for citizenship and so that sadly will be up to the vagaries of the USCIS. My understanding is it could be anywhere from 3 months to a year based on what I have read online and speaking with others who have done this. Yikes. It is all very daunting! Thanks
 
Oh you just apply for citizenship? I thought you was going to take your oath soon. Correct, that is why I ask...
 
Sorry I forgot that you are still a LPR, so you don't have the option for K1 just yet, since Fiancee Visas only work for fiancees of USCs.
And as Cherr said, if she comes to visit while you are still a LPR, she probably won't have problems at the POE.

So, your best (fastest) options are:
1. Wait until you become a USC and then apply for K1 (straight forward, legal way).
2. Wait until you become a USC and have her come visit on a B Visa (Tourist), or the Visa Waiver (since she is from France), marry after 30 or better 60 days after her entry and apply for AOS.

Yes, you would file the whole AOS package after your marriage: I-130, I-485 and so on (more info about that in Ari4u's AOS Interview Timeline thread) and on www.uscis.gov.

Please also note what Cherr said: Every case is different, and especially with our cases (having entered on a tourist visa), it is not always certain, what's going to happen.
It is technically possible, but be aware that you are circumventing the law, if you choose the 2nd option!

Anyway, I wish you good luck with everything! :)
 
Thanks again...
I appreciate the information also regarding Ari4u's AOS Interview Timeline thread. That is very useful :)

"The heart has its reasons which reason knows not of..."

The options are clearer in my mind now. I do not like the idea of circumventing the law so i may follow the first pathway...thanks again for all you help.
 
stayvisible said:
Thanks again...
I appreciate the information also regarding Ari4u's AOS Interview Timeline thread. That is very useful :)

"The heart has its reasons which reason knows not of..."

The options are clearer in my mind now. I do not like the idea of circumventing the law so i may follow the first pathway...thanks again for all you help.
Click to expand...
Hm, just wanted to share with you that when I went to Infopass to get more information about my options, the IO actually gave us the idea to apply for AOS, since I was already in the country. And she said that it would be circumventing the law, but she also gave us a huge stack of paperwork for it! And when I asked if we could get in trouble for this, she said no, it's almost the same thing (as the fiance visa)!
Just wanted to let you know, everybody who enters on a tourist visa, gets married here and applies for AOS circumvents the law, but most of them still get approved, because, well, circumventing the law is not breaking the law.
 
Thanks again Patty. That is kinda good news and it does confirm another story of a friend of mine who had a similar experience as yours. They ended up going down to the immigration office in Los Angeles a week or so after their wedding and were giving a huge pile of paperwork as you describe. They said it was all a bit confusing but it worked out in the end :) To me it does seem similar to a Fiancee Visa...but as you point out circumventing the law is not the same as breaking the law in a technical sense. Anyway thanks for all you kind words and help. This forum has provided me with invaluable information. I'll keep updating my experience as it occurs. Cheers, Andy
 
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