Marriage after arriving on tourist visa

[msorlando 0]

If someone arrives in the US with a tourist visa to visit someone that has been an online friend and then they decide they want to get married and do will the person have to leave the US and apply for a spouse visa back in their country or can they stay here and apply for a spouse visa? Although the person is coming here to meet and see if they are compatible first, the intention really isn't that they are going to get married which I have read would constitute fraud as they entered under false pretenses but they are coming here to meet, spend time together and see if they would be a match for marriage. Any thoughts???

[Ryan H 3,790]

***Post containing abusive language (a TOS violation) removed along with post quoting. Post minus the quote returned below. Administrative Action taken.***

If someone arrives in the US with a tourist visa to visit someone that has been an online friend and then they decide they want to get married and do will the person have to leave the US and apply for a spouse visa back in their country or can they stay here and apply for a spouse visa? Although the person is coming here to meet and see if they are compatible first, the intention really isn't that they are going to get married which I have read would constitute fraud as they entered under false pretenses but they are coming here to meet, spend time together and see if they would be a match for marriage. Any thoughts???

They can married here on tourist visa and go back to his/her country and file a petition for spousal visa.

[Daveykins 17]

The easiest would be to marry here and then go back to their home country and petition for spousal visa. That'll save you a lot of headache compared to other methods. Figure 6 (!) months for that.

[Dakine10 5,452]

If someone arrives in the US with a tourist visa to visit someone that has been an online friend and then they decide they want to get married and do will the person have to leave the US and apply for a spouse visa back in their country or can they stay here and apply for a spouse visa? Although the person is coming here to meet and see if they are compatible first, the intention really isn't that they are going to get married which I have read would constitute fraud as they entered under false pretenses but they are coming here to meet, spend time together and see if they would be a match for marriage. Any thoughts???

Short answer - yes - it is possible for someone who enters the USA on a tourist visa to adjust status as an immediate relative (spouse) in the USA .

[Timzel 0]

Can that person file for Adjustment of status here in the US instead of going back to their home country? Thanks in advance.

[JayJayH 546]

Depends on the situation.

What is the person's intent when entering the US?

It's possible to adjust status from tourist to permanent resident, based on marriage, without having to leave the US.

But it is not possible to legally enter the US on a tourist visa with the intent to adjust status.

A tourist visa is a non-immigrant visa, allowing a person to enter the US for a visit, with intent to return home.

Adjustment of status is an immigrant petition.

You cannot enter the US on a non-immigrant visa, with intent to immigrate. But you can enter the US on a non-immigrant visa with intent to return home, make new plans after entry and then adjust status.

It all comes down to intent on entry.

Edited October 3, 2014 by Yang-Ja

[Mike-eeh and Odie 192]

Can that person file for Adjustment of status here in the US instead of going back to their home country? Thanks in advance.

Seriously? Just file for a K-1 and do it the legal way. People coming here on tourist visas, getting married and then adjusting status are the reason why it's so difficult for law abiding people to obtain visas in the first place.

[Dakine10 5,452]

Seriously? Just file for a K-1 and do it the legal way. People coming here on tourist visas, getting married and then adjusting status are the reason why it's so difficult for law abiding people to obtain visas in the first place.

Adjustment of status from a non-immigrant visa is a provided for under the immigration and nationality act. It is perfectly legal if you are eligible to do so. It has absolutely nothing to do with anyone else having difficulties obtaining visa's or processing times or anything else you might imagine it effects.

[Teddy B 17,251]

Adjustment of status from a non-immigrant visa is a provided for under the immigration and nationality act. It is perfectly legal if you are eligible to do so. It has absolutely nothing to do with anyone else having difficulties obtaining visa's or processing times or anything else you might imagine it effects.

I agree. The thing that does affect law abiding people from getting visas are the people who enter the US and then stay illegally.

Edited October 7, 2014 by Teddy B

[Dakine10 5,452]

I agree. The thing that does affect law abiding people from getting visas are the people who enter the US and then stay illegally.

I would say that and all the other types of fraud and misrepresentation and questionable details and misfiled forms and issues that USCIS has to work around and sort through.

It is a number of things to be sure, but legally adjusting status is not one of them.

[jbanya 19]

If someone arrives in the US with a tourist visa to visit someone that has been an online friend and then they decide they want to get married and do will the person have to leave the US and apply for a spouse visa back in their country or can they stay here and apply for a spouse visa? Although the person is coming here to meet and see if they are compatible first, the intention really isn't that they are going to get married which I have read would constitute fraud as they entered under false pretenses but they are coming here to meet, spend time together and see if they would be a match for marriage. Any thoughts???

Hi Msorlando, after you married with B2 (Visitor visa), then you need to back to your home country to file spouse visa (K3), but the officer have every right to denied which stated from your comments; and it's not easy for you to get B2 approval unless you tell nothing about your connection with your potential future husband and the trip purely for holidays purpose.

If your intention is to spend time together and see if the person match for marriage, you should actually apply Fiance/Fiancee visa (K1), as you have 90 days to decide whether want to married this person or not.

I am K1 holder, and my B2 rejected because I told the officer that I am visit my boyfriend and his family (facepalm)

[jbanya 19]

Short answer - yes - it is possible for someone who enters the USA on a tourist visa to adjust status as an immediate relative (spouse) in the USA .

That might take years to adjust the status... (correct me if I'm wrong as friend of mine from England unable to do that and officer advised her to back to home country to apply spouse visa to re-enter again, and as she refuse to back caused overstay and that take longer to come back to US now)

[Michelle13 39]

I suppose it depends on if you'd rather wait engaged or wait being married.

Either way there's waiting involved...

[Ryan H 3,790]

If your intention is to spend time together and see if the person match for marriage, you should actually apply Fiance/Fiancee visa (K1), as you have 90 days to decide whether want to married this person or not.

The purpose of a K1 is not a "get to know you and decide to be married or not visa." It's purpose is for a foreign citizen to come to the US to marry their US citizen fiancé(e).

[Dakine10 5,452]

That might take years to adjust the status... (correct me if I'm wrong as friend of mine from England unable to do that and officer advised her to back to home country to apply spouse visa to re-enter again, and as she refuse to back caused overstay and that take longer to come back to US now)

If you try to adjust status when you are not eligible it could cause significant problems.