Married while here on visitor visa?

[B'sA 0]

I'm asking this question for a friend and any help would be greatly appreciated. She got married to a man who's here on a visitors visa this weekend. We're not sure what kind of visa it is other than a visitor visa that's good for one year. What does she need to do now for him to get a GC and be able to stay after this visa expires? I was thinking she would just file the Adjustment of Status like a fiance visa would but $1,010 is pretty expensive to send in the wrong forms and have them rejected!

I'm sorry, but they cannot do anything.He'll need to go back to his home country and they will have to apply for a k3.

they cannot change the fact that he's a visitor and when his visa expires, he's going to be illegal in the USA.

And the reason i'm saying that, is that my boyfriend and i wanted to get married last summer while i was there, but we've been told at the Federal Court, that the marriage won't change my status in US.

Plus, a k1 usually goes faster than the k3

[bradcanuck 1]

People visiting and then marrying without prior relationship always goes under heavier scrutiny during the process from what I have seen read and asked IOs about.

Without prior relationship? Do you mean with?

Can you give us an example of real-life example of one of these cases?

Sure, I knew a guy who visited a friend of mine in the US. He proposed while he was "on business" and he stayed here for about 6 months during the AOS. At the interview the IO denied the application because they A) got married so fast and B) he was "on business" and just happened to get married during that week. I am sure there are details I was not told about. At any rate he had to leave. They didn't know each other before the proposal really, so it was HI nice to meet you will you marry me.

[payxibka 10,048]

I'm sorry, but they cannot do anything.He'll need to go back to his home country and they will have to apply for a k3.

they cannot change the fact that he's a visitor and when his visa expires, he's going to be illegal in the USA.

And the reason i'm saying that, is that my boyfriend and i wanted to get married last summer while i was there, but we've been told at the Federal Court, that the marriage won't change my status in US.

Plus, a k1 usually goes faster than the k3

Anecdotal evidence here would indicate that the information you received at the Federal Courthouse was incorrect... many have successfully adjusted in situations that would appear very similiar to the situation described by the OP...

[athena_ny 1]

I'm asking this question for a friend and any help would be greatly appreciated. She got married to a man who's here on a visitors visa this weekend. We're not sure what kind of visa it is other than a visitor visa that's good for one year. What does she need to do now for him to get a GC and be able to stay after this visa expires? I was thinking she would just file the Adjustment of Status like a fiance visa would but $1,010 is pretty expensive to send in the wrong forms and have them rejected!

I'm sorry, but they cannot do anything.He'll need to go back to his home country and they will have to apply for a k3.

they cannot change the fact that he's a visitor and when his visa expires, he's going to be illegal in the USA.

And the reason i'm saying that, is that my boyfriend and i wanted to get married last summer while i was there, but we've been told at the Federal Court, that the marriage won't change my status in US.

Plus, a k1 usually goes faster than the k3

Not sure what the Federal Court has to do with immigration....BUT.

My husband was illegal in the US for 5 years and adjusted status from a tourist visa successfully. Illegal work and overstay are both forgiven through marriage to a USC, it's written into the INA (this much can't be refuted).

You could have married in the US and stayed here if you had no intent on entry. Sure, you sometimes have to prove that you didnt want to stay, but it can be done. And is done, daily.

[B'sA 0]

I'm asking this question for a friend and any help would be greatly appreciated. She got married to a man who's here on a visitors visa this weekend. We're not sure what kind of visa it is other than a visitor visa that's good for one year. What does she need to do now for him to get a GC and be able to stay after this visa expires? I was thinking she would just file the Adjustment of Status like a fiance visa would but $1,010 is pretty expensive to send in the wrong forms and have them rejected!

I'm sorry, but they cannot do anything.He'll need to go back to his home country and they will have to apply for a k3.

they cannot change the fact that he's a visitor and when his visa expires, he's going to be illegal in the USA.

And the reason i'm saying that, is that my boyfriend and i wanted to get married last summer while i was there, but we've been told at the Federal Court, that the marriage won't change my status in US.

Plus, a k1 usually goes faster than the k3

Not sure what the Federal Court has to do with immigration....BUT.

My husband was illegal in the US for 5 years and adjusted status from a tourist visa successfully. Illegal work and overstay are both forgiven through marriage to a USC, it's written into the INA (this much can't be refuted).

You could have married in the US and stayed here if you had no intent on entry. Sure, you sometimes have to prove that you didnt want to stay, but it can be done. And is done, daily.

I wish i would have known that while i was there...

[john_and_marlene 162]

my boyfriend and i wanted to get married last summer while i was there, but we've been told at the Federal Court, that the marriage won't change my status in US.

They were correct that marriage wouldn't change your status, but filing I-130 along with I-485 after the marriage would. You didn't need to return home.

[gwenneh 7]

I'm asking this question for a friend and any help would be greatly appreciated. She got married to a man who's here on a visitors visa this weekend. We're not sure what kind of visa it is other than a visitor visa that's good for one year. What does she need to do now for him to get a GC and be able to stay after this visa expires? I was thinking she would just file the Adjustment of Status like a fiance visa would but $1,010 is pretty expensive to send in the wrong forms and have them rejected!

I'm sorry, but they cannot do anything.He'll need to go back to his home country and they will have to apply for a k3.

they cannot change the fact that he's a visitor and when his visa expires, he's going to be illegal in the USA.

And the reason i'm saying that, is that my boyfriend and i wanted to get married last summer while i was there, but we've been told at the Federal Court, that the marriage won't change my status in US.

Plus, a k1 usually goes faster than the k3

This is, simply put, not true. Plenty of people have adjusted from tourist visas owing to spur-of-the-moment marriages. It is perfectly legal and there are many cases on this site of people who have done just that.

What *is* illegal is to PLAN to use a tourist visa to immigrate - to enter the US on this visa with the intent to remain is fraud. And as you may have guessed, it's a very, very fine line to walk. The final decision as to whether you had intent to remain or not is up to your interviewing officer; whether or not one wishes to risk one's future on the opinion of another person is purely up to them.

Now, for the OP: I'm sure this has been covered before, but there are two paths that can be taken from here PROVIDED that there was no intention to stay in the US when her husband entered the country. The "safe" path is that he can return home and she can file for an immigrant visa for him. This is a longer road, but you don't run the risk of being accused of visa fraud.

The other option requires him to remain in the US while AOS is filed on his behalf. This, too, is a long process and requires him to ABSOLUTELY, POSITIVELY NOT leave the country until the green card has been issued. If he is in a position to have someone else back home take care of the things he could do at home while the AOS process is being sorted, then this is a faster way to get things done.

One of the key things that will have to be done during this time is the collection if evidence that supports the case - things that prove that he had no intent to immigrate. DId he have a job back home? If so, have the employer write a letter stating that he was due back. Was he a student? Get copies of his class schedule. Did he have bank accounts, credit cards, financial investments? Send over the statements. Did he own property? GEt the deeds sent over. All of this and more will go far in presenting the case to the immigration officer, proving there was no immigrant intent and that it was, in fact, an impromptu marriage.

There is a certain amount of risk involved in adjusting from the US - you are resting your future on the opinion of one person, the immigration officer...and if you don't have a solid case, if they don't believe you - you're screwed...visa fraud is not something to take lightly. Your friends may benefit from a free consultation with an immigration attorney just to see where they stand in making a case for themselves.

If not. there's always the K3 or CR1 route to follow, which - while they would have to be separated - they wouldn't have this risk.

Hope that helps!

[B'sA 0]

USCIS

Robert A. Young Federal Building

1222 Spruce Street, Room 1.100

Saint Louis, MO 63103.

Visiting The Office

In order to visit this office or to speak with an Immigration Information Officer, you must have an appointment scheduled by USCIS, or you must schedule an INFOPASS appointment, on the USCIS website.

[athena_ny 1]

Not sure what the Federal Court has to do with immigration....BUT.

USCIS

Robert A. Young Federal Building

1222 Spruce Street, Room 1.100

Saint Louis, MO 63103.

Visiting The Office

In order to visit this office or to speak with an Immigration Information Officer, you must have an appointment scheduled by USCIS, or you must schedule an INFOPASS appointment, on the USCIS website.

Federal Building=/=Federal Court.

Regardless, you were told the wrong information. The only reason YOU may not have been able to adjust is you were on a J-1 and may have had an HRR. But...with a waiver for that, or not having a home residency requirement, the information you were given was completely wrong. (Yes, marriage along doesn't change status. But an I-130 with an I-485 does.)

[rebeccajo 14]

People visiting and then marrying without prior relationship always goes under heavier scrutiny during the process from what I have seen read and asked IOs about.

Without prior relationship? Do you mean with?

Can you give us an example of real-life example of one of these cases?

Sure, I knew a guy who visited a friend of mine in the US. He proposed while he was "on business" and he stayed here for about 6 months during the AOS. At the interview the IO denied the application because they A) got married so fast and B) he was "on business" and just happened to get married during that week. I am sure there are details I was not told about. At any rate he had to leave. They didn't know each other before the proposal really, so it was HI nice to meet you will you marry me.

Interesting. As you say, there probably was a lot of stuff you weren't told. But interesting nonetheless.

Did this guy ever come back to the US?