MARRIAGE IN THE US on Visitors Visa

[YGandMAT 0]

Hello my VJ Friends.

I'm trying to help out a friend who doesn't know what to do.

Scenario:

My friend is a USC, and his girlfriend is a Mexican citizen currently visiting him on a Visitors Visa. The question is this: Can he marry her here in the U.S. and begin the I-130 process? She of course will return to Mexico and wait for the interview in Mexico.

Is this OK to do???? Is this legal?

Please advise.

Thank you.

[Singers 0]

1. Anybody can get married in the States. It only becomes complicated if they want to stay afterwards.

If they had no intentions of getting married & staying when she crossed the border then she can start the adjustment of status process. There is an onus of proof on them to show she did not intend to stay before she crossed the border.

The most stress-free way is to get married and have her return to Mexico and start the K-3 process.

Hope that helps!

[pushbrk 12,105]

Hello my VJ Friends.

I'm trying to help out a friend who doesn't know what to do.

Scenario:

My friend is a USC, and his girlfriend is a Mexican citizen currently visiting him on a Visitors Visa. The question is this: Can he marry her here in the U.S. and begin the I-130 process? She of course will return to Mexico and wait for the interview in Mexico.

Is this OK to do???? Is this legal?

Please advise.

Thank you.

Sure, no problem as long as she has any needed documentation to actually get married. Marriage isn't immigration. As long as she doesn't overstay, no worries.

[YGandMAT 0]

Hello my VJ Friends.

I'm trying to help out a friend who doesn't know what to do.

Scenario:

My friend is a USC, and his girlfriend is a Mexican citizen currently visiting him on a Visitors Visa. The question is this: Can he marry her here in the U.S. and begin the I-130 process? She of course will return to Mexico and wait for the interview in Mexico.

Is this OK to do???? Is this legal?

Please advise.

Thank you.

Sure, no problem as long as she has any needed documentation to actually get married. Marriage isn't immigration. As long as she doesn't overstay, no worries.

Thank you both for your responses.

I was just concerned because of this statement I found under GUIDES here at VJ.

"If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US."

As you can see the statement is saying that the fiancee should go back and apply for K1.

Thanks so much.

[pushbrk 12,105]

Hello my VJ Friends.

I'm trying to help out a friend who doesn't know what to do.

Scenario:

My friend is a USC, and his girlfriend is a Mexican citizen currently visiting him on a Visitors Visa. The question is this: Can he marry her here in the U.S. and begin the I-130 process? She of course will return to Mexico and wait for the interview in Mexico.

Is this OK to do???? Is this legal?

Please advise.

Thank you.

Sure, no problem as long as she has any needed documentation to actually get married. Marriage isn't immigration. As long as she doesn't overstay, no worries.

Thank you both for your responses.

I was just concerned because of this statement I found under GUIDES here at VJ.

"If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US."

As you can see the statement is saying that the fiancee should go back and apply for K1.

Thanks so much.

That statement needs some work. Marriage is not a problem as long as there's no overstay.

[C and J 1]

The important part of the statement is "intent of immigration and marriage".

If the non-USC intends to marry and then return to their home country then marriage is allowed. If there were any pre-plans to marry and then adjust status from within the US, then that is where the above statement comes into play, as it is visa fraud.

The whole statement is written around adjusting status from within the US, based on a pre-planned marriage. Pushbrk is right, it does need rewording.

[MargotDarko 0]

Hello my VJ Friends.

I'm trying to help out a friend who doesn't know what to do.

Scenario:

My friend is a USC, and his girlfriend is a Mexican citizen currently visiting him on a Visitors Visa. The question is this: Can he marry her here in the U.S. and begin the I-130 process? She of course will return to Mexico and wait for the interview in Mexico.

Is this OK to do???? Is this legal?

Please advise.

Thank you.

As other have said, it's perfectly fine for them to marry and for her to return to Mexcio. Were they already dating when she entered on the visitor's visa? What was her intention when she entered the US? If they were already dating and planning marriage, it is safest for her to return to Mexico after marrying before her current stay on her visitor's visa is over. They can file the paperwork asap as well even before she leaves. She only has to return to Mexico before the end of her currently allowed stay.

If they were not already dating when she entered and/or if they had no marriage plans at the time her entry to the US, I think they should seriously consider marrying and trying to adjust her status. Especially if it's been a couple months or more since she entered. It's a bit tricky as it's very important that she didn't have intent to stay if she goes for this route, but if it works out, it's worth it for not having to be separated for such a long time right after getting married. If they think they might be eligible to file for adjustment of status, they should get a free or low-cost consultation with a good immigration lawyer. If they do file for adjustment of her status, she can remain in the US on the basis of the NOA1 (first notice of action) for the I-485 adjustment form.

[pushbrk 12,105]

The important part of the statement is "intent of immigration and marriage".

If the non-USC intends to marry and then return to their home country then marriage is allowed. If there were any pre-plans to marry and then adjust status from within the US, then that is where the above statement comes into play, as it is visa fraud.

The whole statement is written around adjusting status from within the US, based on a pre-planned marriage. Pushbrk is right, it does need rewording.

The problem with the statement is that marrying and filing for CR1 and/or K3 are just as viable options as K1 in the circumstances described.

Edited December 14, 2007 by pushbrk

[YGandMAT 0]

Thanks a lot for your responses my friends.

Yes, my USC friend was already dating the girl in Mexico. She then came to visit him on a Visitors visa, and then the whole marriage deal came up. I don't think they want to adjust status, because she needs to go back to Mexico and finalize school and other stuff. So she will return to Mexico and wait for the interview there.

THANKS A LOOOOTTT.....