Marrying while both in the US

[el-eau-die 0]

Good day to all,

 

Me and my man (he is american) are currently together in the US. He lives in the US and I am on a tourist visa.

We would like to marry.  Yesterday we went to an immigration lawyer to see how we could do so and I would like you guys to tell me what you think about what this lawyer said.

He said we can marry as soon as we would like, before my tourist visa ends. He also said that if we decide to marry while i'm on this tourist visa, what's gonna happen next is I won't be able to work for 3 months and after these 3 months I will get a work permit. He also said that within 10 months after receiving the work permit I should get the green card. And he said that during all this time and processes I am not able to go back to my country (so approx. a year). I was wondering if this information was correct and if people with experience think it is the best solution.

 

Thanks for reading me and for your answers.

Have a good day

[Redheadguy03 505]

You can get married and file AOS on a tourist visa. As long as you didn't plan on getting married before you entered the country, that's immigration fraud. If you decided to get married after you entered the United States you're ok. 

 

The timelines he gave you are estimates. You generally get your EAD work authorization in around 3 months, but it can be longer. Also, the green card can be anywhere from a few months to over a year to receive the card. You are not allowed to leave the country without advance parole (you apply for that at the same time as AOS), but usually you don't want to leave without your green card unless you really have to. 

 

If you leave the country and decide later you want to get married you would have to get a fiance visa or he would have to visit you and get married in your country and apply for the spousal visa. 

[Coco8 1,039]

The information is correct but the current timelines are longer. Those timelines are more of last year. Now, expect at least 4 months for the work authorization. You can also file for advanced parole (AP) to leave the country for a VERY SHORT amount of time to finish business in your country (e.g. close bank accounts, sell stuff, etc.). You will also get this in roughly 4 months since the date of application.

 

Things to make sure: (1) Your future husband needs to have his tax returns up to date (2) he will need to file a financial sponsorship form so he needs to make at least 20,000 dollars (approx) a year (if the household is 2 people -- you + him-- so he doesn't have kids); or you will need a cosponsor.

 

Good luck!

[JFH 12,189]

*~*~*moved from "K-1 fiancé visa process and procedures" to "AOS from work/student/tourist visas"*~*~*

[el-eau-die 0]

Thank you for your clear information.

Now, would it be considered suspicious or would it be a risk for our marriage if I go back to my country tomorrow to close my bank accounts and stuff and come back to the US on another tourist visa and then get married ? Why bothering filing for AP and waiting if I can go back tomorrow and come back pretty much right after?

They can't prove that I had already the intention to marry right?

 

 

[geowrian 22,335]

5 minutes ago, el-eau-die said:

Now, would it be considered suspicious or would it be a risk for our marriage if I go back to my country tomorrow to close my bank accounts and stuff and come back to the US on another tourist visa and then get married ? Why bothering filing for AP and waiting if I can go back tomorrow and come back pretty much right after?

They can't prove that I had already the intention to marry right?

This is clear fraud and cannot be discussed on VJ. Do not do this...the consequences can be very severe.

[el-eau-die 0]

ok thanks it's good to know that it is not something that should be done