Religious visa (R1) visitor -- how to proceed with marriage to US citizen?

[pomola 0]

Does anyone know how things work if a US citizen wants to marry a visitor who is in the USA for several years on a religious visa? My US friend is in a relationship with a man who is here on a religious visa, and they are thinking about getting married. Does the guy have to leave the states to apply for K1 visa from outside or can he convert his visa here?

Any comments or suggestions for sources welcome, thank you very much!

[KimandRuss 0]

If this man is here legally and there was no intention to immigrate when this person entered the US it's likely they can simply marry and adjust status while in the States.

The problem arises when one enters the Country with every intention of staying (marrying and immigrating).

[YuAndDan 153]

START HERE: http://www.visajourney.com/forums/index.ph...page=i130guide2

[himher 634]

The R1 visa category is not excluded from the I-130/I-485 adjustment of status immigration path. Would advise your friend if that is the appropriate process for them to follow to be prepared to definitively demonstrate that the beneficiary did not obtain the R1 visa with intent to get married and immigrate.

[pomola 0]

Thank you all for your helpful comments.

One more clarification, if anyone knows? He came to the USA not as a tourist but as a temporary religious worker, no intention to emigrate (has family back home he seems very close to) Since he has some work commitments to fulfill (the reason he got his religious visa) does he still need to leave the USA to wait back home for months? That doesn't really make sense. I understand for tourists that would be reasonable, but not for people trying to carry out the work they came to do...

Thanks again!

[Old Dominion 26]

He can marry here so long as his existing visa is valid. After marriage, he should apply for his green card, skipping altogether the need to get a different visa. Otherwise, he'd have to go back to his country of origin and wait until the K-1 was granted 6 or more months from the time she files her petition for it.