True or False?

[tjxu97 0]

I have read different stories throughout the internet about marrying in the US. I have always been told that if you plan to marry your parnter in the US, they MUST come over on a fiance visa to do it legally. However, I heard and seen more frequently that if they are here as a tourist and we decide to get married after they're already here, then it's legally and we can do the necessary paperwork to keep them here.

Is this true or false?

If true, what steps do we need to take?

Regards,

Jess

[payxibka 10,048]

I have read different stories throughout the internet about marrying in the US. I have always been told that if you plan to marry your parnter in the US, they MUST come over on a fiance visa to do it legally. However, I heard and seen more frequently that if they are here as a tourist and we decide to get married after they're already here, then it's legally and we can do the necessary paperwork to keep them here.

Is this true or false?

If true, what steps do we need to take?

Regards,

Jess

it is all about your intent when you enter the USA..... If your intent is to shortcut the immigration process by entering on a tourist visa in order to immigrate, then this won't work for you, since you are already, it appears, contemplating immigration

Edited January 21, 2009 by payxibka

[Ban Hammer 15,231]

I have read different stories throughout the internet about marrying in the US. I have always been told that if you plan to marry your parnter in the US, they MUST come over on a fiance visa to do it legally. However, I heard and seen more frequently that if they are here as a tourist and we decide to get married after they're already here, then it's legally and we can do the necessary paperwork to keep them here.

Is this true or false?

If true, what steps do we need to take?

Regards,

Jess

I have always been told that if you plan to marry your parnter in the US, they MUST come over on a fiance visa to do it legally

- True

if they are here as a tourist and we decide to get married after they're already here, then it's legally and we can do the necessary paperwork to keep them here.

- maybe. if the individual entered the country with immigration intent (i.e. marrying) then they could be in a lot of hot water. it's all about intent, of which the burden of proof is pretty much on the shoulders of the ones doing this.

[SAT 9,609]

I have read different stories throughout the internet about marrying in the US. I have always been told that if you plan to marry your parnter in the US, they MUST come over on a fiance visa to do it legally. However, I heard and seen more frequently that if they are here as a tourist and we decide to get married after they're already here, then it's legally and we can do the necessary paperwork to keep them here.

Is this true or false?

If true, what steps do we need to take?

Regards,

Jess

it is all about your intent when you enter the USA..... If your intent is to shortcut the immigration process by entering on a tourist visa in order to immigrate, then this won't work for you, since you are already, it appears, contemplating immigration

When I first met my wife here, my intent was to get laid

[Hell0W0rld 10]

I have read different stories throughout the internet about marrying in the US. I have always been told that if you plan to marry your parnter in the US, they MUST come over on a fiance visa to do it legally. However, I heard and seen more frequently that if they are here as a tourist and we decide to get married after they're already here, then it's legally and we can do the necessary paperwork to keep them here.

Is this true or false?

If true, what steps do we need to take?

Regards,

Jess

it is all about your intent when you enter the USA..... If your intent is to shortcut the immigration process by entering on a tourist visa in order to immigrate, then this won't work for you, since you are already, it appears, contemplating immigration

When I first met my wife here, my intent was to get laid

ummmmmmmmmmmmmmmmmmmm, ok

[pushbrk 14,567]

I have read different stories throughout the internet about marrying in the US. I have always been told that if you plan to marry your parnter in the US, they MUST come over on a fiance visa to do it legally. However, I heard and seen more frequently that if they are here as a tourist and we decide to get married after they're already here, then it's legally and we can do the necessary paperwork to keep them here.

Is this true or false?

If true, what steps do we need to take?

Regards,

Jess

You've described two completely different sets of circumstances. Both are true. What should you do? Follow the path that fits your personal circumstances. It may be one of the two your described or it may be another. Sounds like you're not married yet but have already decided to marry. If so, the second scenario you described above definitiely does not match your circumstances. Does the first one?

[krystiandjon 0]

I have read different stories throughout the internet about marrying in the US. I have always been told that if you plan to marry your parnter in the US, they MUST come over on a fiance visa to do it legally. However, I heard and seen more frequently that if they are here as a tourist and we decide to get married after they're already here, then it's legally and we can do the necessary paperwork to keep them here.

Is this true or false?

If true, what steps do we need to take?

Regards,

Jess

Hi Jess!

As for the complete legal stuff on this subject, I'm not a 100%. I do know that technically it's do able. This is what I know, when my fiance and I tried this route. You may enter on a holiday and get married(so long as that wasn't your intention when you entered...go figure! it seems they prefer on the spur of the moment marriages to complete strangers when it come to immigrants) If it is then you must prove that you are not intending to immigrate right off, and will be returning to your homeland to sit out the K3. We attempted this. We were going to get married then adjust status with the USCIS so as to not have to be apart(like said before, this is technically legal if you had no idea about getting married before hand....Off to Vegas!). We got found out at the poe, and I was subsequently denied entry....thank god not deported, and am now sitting waiting on K1. Which I might add is stuck in background checks no doubt because of our 1st attempt. We had to cancel our wedding, which was obviously upsetting to us, family and friends, not to mention, all that planning! Now we are stuck, completely in the dark as to, when, where, and even why our application is not moving! If we hadn't taken advice off the net, or off our lawyer(usless!) I'd probably already be there! If you do go that route, be sure to know that it isn't a sure thing. It can be done, but it can be classed as visa fraud....and trying to prove that you are, like us just trying to be together the fastest way and not trying to break the law, maybe very difficult and ultimately heartbreaking. You will have to prove that you had no intention to marry or relocate in the states before you left.....like I said before that is stupid but that is what they'll want.

I hope that helps, it's what happened to us. God knows I hope it doesn't bite us in the backside.

Take care Jon.

PS. Get the advice of a GOOD lawyer, humour helps with this process too!

[katiemanny 64]

that's one of the reason in some countries getting a tourist visa is such a nightmare and convincing the Consulate you will return is another nightmare.

[rin and john 71]

I have wondered about this often, and agree with the posts above that intent upon entry is the critical issue. But in looking at the DHS reports, it seems the majority of AOS filings for spouses are for individuals who entered the USA with no intent to marry and ended up getting married and then filing AOS. Doing a little math from the attached DHS reports:

http://www.dhs.gov/xlibrary/assets/statist..._ni_fr_2007.pdf

Table 1

http://www.dhs.gov/xlibrary/assets/statist...LPR_FR_2007.pdf

Table 2

In 2007, 274,000 spouses of USC received greencards (Table 2). An additional 103,000 children of USC (must be stepchildren to have filed AOS) also received greencards.

In 2007, 38,500 fiance(e)s and children entered the USA on K-1/K-2 visas. Another 18,500 entered on K-3/K-4 visas. (Table 1).

So 57,000 entered as K-1 to K-4 and 377,000 adjusted status as a spouse or child of a USC. That's only 15% of all spouses/children entering on a K-1 to K-4 visa. Certainly there are a number of individuals that are CR-1/IR-1 and DCF, but if VJ is any indication, that number is fairly low.

My only conclusion is that over 75% of family based immigration occurs via VWP (or other entries) followed by marriage and AOS (and that K visas are not the most common route). Maybe alot of foreigners entering the USA on work or student visas, falling in love, getting married, then adjusting status?

[payxibka 10,048]

don't forget about dual intent visas such as H1B or for a $500,000 investment you can "buy" a greencard

Edited January 21, 2009 by payxibka

[Elghazi2008 4]

I have read different stories throughout the internet about marrying in the US. I have always been told that if you plan to marry your parnter in the US, they MUST come over on a fiance visa to do it legally. However, I heard and seen more frequently that if they are here as a tourist and we decide to get married after they're already here, then it's legally and we can do the necessary paperwork to keep them here.

Is this true or false?

If true, what steps do we need to take?

Regards,

Jess

It's pretty simple...If you're an honest-to-God tourist with no intentions of marrying during your visit in the US but you end up marrying just as a spur-of-the-moment kind of thing, then it's legal. In which case, the tourist would have to return to his/her own country while the US citizen filed a K-3 spouse visa in order for their new husband/wife to live in the USA with them. As far as I'm aware, your new husband/wife can not stay in the USA for a longer period than their current visa allows. My aunt was from Scotland and was able to stay in the US without returning home after marrying my uncle. This was ONLY because she had married to a US citizen and already living there before and her green card obtained from her previous marriage was still valid long enough for them to fill out the correct paperwork.

If you visit the US as a tourist with the intention of marrying a US citizen, that is NOT legal. I would suggest filing for a K-1 fiance/e visa and going through that process. Visits can be made to the US while the case is processing I believe. That way, you can see eachother and then you can legally plan a gorgeous wedding together once your visa comes through

[Bobby+Umit 161]

I have read different stories throughout the internet about marrying in the US. I have always been told that if you plan to marry your parnter in the US, they MUST come over on a fiance visa to do it legally. However, I heard and seen more frequently that if they are here as a tourist and we decide to get married after they're already here, then it's legally and we can do the necessary paperwork to keep them here.

Is this true or false?

If true, what steps do we need to take?

Regards,

Jess

it is all about your intent when you enter the USA..... If your intent is to shortcut the immigration process by entering on a tourist visa in order to immigrate, then this won't work for you, since you are already, it appears, contemplating immigration

DING DING DING

It's the intent of the initial entrance. Since you are asking what paperwork you need if it's "true", you are intending on coming here as a visitor to marry, which is fraud.

This question must be very popular, seems it comes up every day...

[Bobby+Umit 161]

SNIP

If true, what steps do we need to take?

Regards,

Jess

It's pretty simple...If you're an honest-to-God tourist with no intentions of marrying during your visit in the US but you end up marrying just as a spur-of-the-moment kind of thing, then it's legal. In which case, the tourist would have to return to his/her own country while the US citizen filed a K-3 spouse visa in order for their new husband/wife to live in the USA with them. As far as I'm aware, your new husband/wife can not stay in the USA for a longer period than their current visa allows. My aunt was from Scotland and was able to stay in the US without returning home after marrying my uncle. This was ONLY because she had married to a US citizen and already living there before and her green card obtained from her previous marriage was still valid long enough for them to fill out the correct paperwork.

If you visit the US as a tourist with the intention of marrying a US citizen, that is NOT legal. I would suggest filing for a K-1 fiance/e visa and going through that process. Visits can be made to the US while the case is processing I believe. That way, you can see eachother and then you can legally plan a gorgeous wedding together once your visa comes through

No, if you had no intentions on marrying, and you end up married, you could stay in the US while you do the AOS. No need to leave.

[rin and john 71]

don't forget about dual intent visas such as H1B or for a $500,000 investment you can "buy" a greencard

Work visas, student visa, etc. I have yet to find data in DHS website that shows AOS by US arrival status. Would be interesting to see. They do show what visa types are issued in their statistics.

http://www.dhs.gov/xlibrary/assets/statist...07/table07d.xls

I believe lines 74 and 75 would be the K-1 arrivals. K-3's would be included in lines 66 to 69.

[Slightly Bonkers 0]

"If you visit the US as a tourist with the intention of marrying a US citizen, that is NOT legal. I would suggest filing for a K-1 fiance/e visa and going through that process. Visits can be made to the US while the case is processing I believe. That way, you can see eachother and then you can legally plan a gorgeous wedding together once your visa comes through"

It IS legal to visit the US as a tourist with the intention of marrying a US citizen.

It is NOT legal to visit the US as a tourist with the intention of marrying a US citizen AND staying in the US.

Edited January 21, 2009 by Slightly Bonkers