US Citizen marrying in US to Foreign National

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Iggy20

Registered Users (C)
My fiancee is coming to visit within the week. He asked me to marry him on Christmas. He is coming on a tourist visa. We plan to get married within the next three weeks. He still has a job in his country and intends to return to his country after we get married. Can we start the I-130, I-485 and I-765 paperwork all at the same time?

What is the quickest way to get my fiancee/husband here legally?
 
Iggy20 said:
My fiancee is coming to visit within the week. He asked me to marry him on Christmas. He is coming on a tourist visa. We plan to get married within the next three weeks. He still has a job in his country and intends to return to his country after we get married. Can we start the I-130, I-485 and I-765 paperwork all at the same time?

What is the quickest way to get my fiancee/husband here legally?
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Hi:

You are asking for things that cannot co-exist legally. He cannot come on a tourist visa, with the intent to file I485, and file AOS soon after. And he can even less file I485 and then leave the country without AP.

Your fact pattern therefore contains TWO legal oxymorons. A possible option would be for him to come, get married, then leave and for you to do consular processing (i.e. you file I130 in the US and he does processing through the consulate).
 
Whoa! You really have to think this out. You would need to file for the K-1 visa for spouses. He cannot plan to marry on B-2 visa and then leave country. :eek:
 
or file K-3 (fiance visa) and wait till he get it to come back over to US and then marry within 90 days.
or if you marry and he returns (like he is supposed to) file K-1 spouse visa since he is working. I don't know how that would affect his B2 visa which will allow him to visit US. I think his visa status will change and he will have to go through the K-1 visa before he can come back to US.
 
NeShawn said:
Whoa! You really have to think this out. You would need to file for the K-1 visa for spouses. He cannot plan to marry on B-2 visa and then leave country. :eek:
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Hi:

Actually there would be nothing wrong with him marrying on a B-2 visa and leaving the country. It would be wrong to enter on a B-2 visa, marry and file AOS immediately.

The only problem would be if, at the POE, he is asked about his purpose for the visit. He would have to say that he is getting married and the officer at POE may equate marrying with staying on and filing AOS. But barring any such questions, no problem in what you mention.

The problem with the OP's propositions lie in:
1. Arriving on B2 and filing AOS after marriage.
AND
2. Filing AOS and then leaving the country (presumably without AP)

Both these are "legal oxymorons".
 
or he can just visiting his girlfriend.

But pianoplayer is right:
Actually there would be nothing wrong with him marrying on a B-2 visa and leaving the country. It would be wrong to enter on a B-2 visa, marry and file AOS immediately.
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