Can a potential spouse of GC holder come on tourist visa and marry in the US?

B

bhartiya_12

Registered Users (C)
I am a GC holder. I am still not eligibile to apply for citizenship for another 2 years. I am thinking of marrying someone from India who does not have any US visa yet and has never been here. She works in Dubai at the moment.

I know that it takes a long time if I aplpy for any visa or GC for her if the marriage is held in India. Someone told me that she can apply and if she gets a tourist visa in Dubai, then come to the US and get married here and apply for a change.

The basic question I have is that can this work? From what I know as a tourist you cannot have an intent to immigrate to the US. whether marrying a GC holder after coming here as a tourist will work or not is my concern. If so how can this work out? I am also unclear if the application to change will be for a GC or to some visa.

As a second thought can an Indian(Hindu) residing in Dubai who get a tourist visa from the US embassy in Dubai apply for a change to H1 if they get a job in the US while visiting US on a tourist visa or do they have to go back to Dubai or India and then apply for a change to H1?

Please respond soon.

Thanks
 
bhartiya_12 said:
I know that it takes a long time if I aplpy for any visa or GC for her if the marriage is held in India. Someone told me that she can apply and if she gets a tourist visa in Dubai, then come to the US and get married here and apply for a change.
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This is illegal.
The only way for you is for her to get a dual-intent visa, such as H1 or L1.
Otherwise you will have to wait until you become a USC and file thru CP.
 
Thanks for the prompt response.

If she gets a multiple entry tourist visa can she just keep coming here on it and going back at the end of the alloted period until I become a citizen and apply for her?

Thanks
 
bhartiya_12 said:
Thanks for the prompt response.

If she gets a multiple entry tourist visa can she just keep coming here on it and going back at the end of the alloted period until I become a citizen and apply for her?

Thanks
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In theory she could, but it would extremely difficult for her to convince the consular officer since she's engaged to a LPR.
But if she gets it and returns every time, then you could file for CP once you're a USC.
 
Thanks again.

Can she not apply for a tourist visa even in her individual capacity even before we marry and just come to the US on her own every time without mentioning that she is married to a LPR here?

Assuming she gets a multiple entry visa, whatever time she gets on her I-94 everytime she visits she would stay and then go back and come after some time until I become a citizen and apply for her.

Will this not work?
 
bhartiya_12 said:
Thanks again.

Can she not apply for a tourist visa even in her individual capacity even before we marry and just come to the US on her own every time without mentioning that she is married to a LPR here?

Assuming she gets a multiple entry visa, whatever time she gets on her I-94 everytime she visits she would stay and then go back and come after some time until I become a citizen and apply for her.

Will this not work?
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In the visa application they specifically ask you if you're married or engaged to a USC or LPR.
That would be ground for denial, unless she has exceptional proof of her ties to her country. That's why it'll be extremely difficult.
 
I know and understand that but currently we are not engaged or married and she can apply just on her own and prove ties to her job in Dubai or her ties to India where her parents live without having anything to do with me at all. Correct?

Also assuming she gets a multiple entry visa will she have issues at the port of entry here everytime she comes as a tourist because she might have to come often if the immigration officer does not give her a long stay on her I-94.
 
bhartiya_12 said:
Also assuming she gets a multiple entry visa will she have issues at the port of entry here everytime she comes as a tourist because she might have to come often if the immigration officer does not give her a long stay on her I-94.
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Of course she will. The visa stamp is only the first step; on each entry to the US she will have to prove that she retains ties to a foreign country and does not intend to stay permanently or violate the terms of her B admission.

My fiancee was merely married to a TN holder (not an LPR) and as a Canadian she never needed a visa stamp, but still had a hard time at the POE.
 
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