True or False?

[pushbrk 14,568]

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

The conclusions of both paragraphs above are simply wrong. Please disregard the.

The circumstances described in paragraph one would allow the foreign spouse to remain and adjust status.

In paragraph two, the intention to marry is no problem but the foreign spouse would need to leave the US when their I-94 expired.

[Elghazi2008 4]

"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.

I stand corrected .Thank you for clariflying.

[tjxu97 0]

Wow! Thanks everyone for your feedback.

My girlfriend and I had been living together in Asia for years. We also have a child. Recently I came back to the US for the holidays. A month later, my gf and baby came over to visit as well. Since we've been back, we've talked about marriage but don't know if it's bets to do it in the US or in Japan. Since we are both here now and I am looking for a job and new place to live, I thought we could do it. She would return with our daughter to Japan and come back when I have settled into a new job and found a home.

So, if we do decide to marry before we leave, it is legal. Once she leaves, what is the best way to get her and my child back here permanently?

[payxibka 10,048]

So, if we do decide to marry before we leave, it is legal. Once she leaves, what is the best way to get her and my child back here permanently?

A visa

[tjxu97 0]

So, if we do decide to marry before we leave, it is legal. Once she leaves, what is the best way to get her and my child back here permanently?

A visa

Yes I know a visa, but is this legal to marry, her leave the country and come back in a few months with the proper visa? Which visa would she apply for?

[payxibka 10,048]

So, if we do decide to marry before we leave, it is legal. Once she leaves, what is the best way to get her and my child back here permanently?

A visa

Yes I know a visa, but is this legal to marry, her leave the country and come back in a few months with the proper visa? Which visa would she apply for?

Spousal... either CR1 or K-3 but it would be longer than a few months

Edited January 21, 2009 by payxibka

[pushbrk 14,568]

Wow! Thanks everyone for your feedback.

My girlfriend and I had been living together in Asia for years. We also have a child. Recently I came back to the US for the holidays. A month later, my gf and baby came over to visit as well. Since we've been back, we've talked about marriage but don't know if it's bets to do it in the US or in Japan. Since we are both here now and I am looking for a job and new place to live, I thought we could do it. She would return with our daughter to Japan and come back when I have settled into a new job and found a home.

So, if we do decide to marry before we leave, it is legal. Once she leaves, what is the best way to get her and my child back here permanently?

If you marry here, a CR1 visa. Since any marriage decision will have occured after her arrival, you also have the option of her staying and adjusting status. However, if she must leave before the status adjustment would be complete, that option is off the table.

[darwinsfinch 0]

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.

Excactly katiemanny!

And then all the greif you get from your friends overseas about not being able to see disneyworld !

[Nich-Nick 3,355]

Wow! Thanks everyone for your feedback.

My girlfriend and I had been living together in Asia for years. We also have a child. Recently I came back to the US for the holidays. A month later, my gf and baby came over to visit as well. Since we've been back, we've talked about marriage but don't know if it's bets to do it in the US or in Japan. Since we are both here now and I am looking for a job and new place to live, I thought we could do it. She would return with our daughter to Japan and come back when I have settled into a new job and found a home.

So, if we do decide to marry before we leave, it is legal. Once she leaves, what is the best way to get her and my child back here permanently?

What you described sounds like her intent was tourist when she came to visit. It was after entry that the thought of marriage came up. It seems like a legitimate case where you could marry, file an I-130 and adjust status without her leaving. As pushbrk stated above, if she leaves US soil, then there would be a problem of getting back in without waiting on a visa in Japan. Your child can get a US passport and doesn't need a visa or adjustment of status. Right pushbrk??

[tjxu97 0]

Wow! Thanks everyone for your feedback.

My girlfriend and I had been living together in Asia for years. We also have a child. Recently I came back to the US for the holidays. A month later, my gf and baby came over to visit as well. Since we've been back, we've talked about marriage but don't know if it's bets to do it in the US or in Japan. Since we are both here now and I am looking for a job and new place to live, I thought we could do it. She would return with our daughter to Japan and come back when I have settled into a new job and found a home.

So, if we do decide to marry before we leave, it is legal. Once she leaves, what is the best way to get her and my child back here permanently?

What you described sounds like her intent was tourist when she came to visit. It was after entry that the thought of marriage came up. It seems like a legitimate case where you could marry, file an I-130 and adjust status without her leaving. As pushbrk stated above, if she leaves US soil, then there would be a problem of getting back in without waiting on a visa in Japan. Your child can get a US passport and doesn't need a visa or adjustment of status. Right pushbrk??

Ok, let me see if I got this straight. We can get married (on paper). To do this, contact the county clerk where I live now and go through their marriage procedure.

After that, we are married. Next, file for an I-130. Where do I do this? This will allow her to stay without leaving the country?

Anything after that?

How much time will it take from marriage til the status can change for her to stay? If she can't stay, the next step would be to get her a Spousal visa in Japan and wait for that before she can return. Correct?

Thanks alot guys!

[Bobby+Umit 161]

Wow! Thanks everyone for your feedback.

My girlfriend and I had been living together in Asia for years. We also have a child. Recently I came back to the US for the holidays. A month later, my gf and baby came over to visit as well. Since we've been back, we've talked about marriage but don't know if it's bets to do it in the US or in Japan. Since we are both here now and I am looking for a job and new place to live, I thought we could do it. She would return with our daughter to Japan and come back when I have settled into a new job and found a home.

So, if we do decide to marry before we leave, it is legal. Once she leaves, what is the best way to get her and my child back here permanently?

What you described sounds like her intent was tourist when she came to visit. It was after entry that the thought of marriage came up. It seems like a legitimate case where you could marry, file an I-130 and adjust status without her leaving. As pushbrk stated above, if she leaves US soil, then there would be a problem of getting back in without waiting on a visa in Japan. Your child can get a US passport and doesn't need a visa or adjustment of status. Right pushbrk??

Ok, let me see if I got this straight. We can get married (on paper). To do this, contact the county clerk where I live now and go through their marriage procedure.

After that, we are married. Next, file for an I-130. Where do I do this? This will allow her to stay without leaving the country?

Anything after that?

How much time will it take from marriage til the status can change for her to stay? If she can't stay, the next step would be to get her a Spousal visa in Japan and wait for that before she can return. Correct?

Thanks alot guys!

For info on the I-130 - read the Guides located above on the toolbar for this site (K-3/CR-1).

While she is in the process of AOS, she will not have to leave.

Time to AOS varies. check the site time lines for that info.

[pushbrk 14,568]

Wow! Thanks everyone for your feedback.

My girlfriend and I had been living together in Asia for years. We also have a child. Recently I came back to the US for the holidays. A month later, my gf and baby came over to visit as well. Since we've been back, we've talked about marriage but don't know if it's bets to do it in the US or in Japan. Since we are both here now and I am looking for a job and new place to live, I thought we could do it. She would return with our daughter to Japan and come back when I have settled into a new job and found a home.

So, if we do decide to marry before we leave, it is legal. Once she leaves, what is the best way to get her and my child back here permanently?

What you described sounds like her intent was tourist when she came to visit. It was after entry that the thought of marriage came up. It seems like a legitimate case where you could marry, file an I-130 and adjust status without her leaving. As pushbrk stated above, if she leaves US soil, then there would be a problem of getting back in without waiting on a visa in Japan. Your child can get a US passport and doesn't need a visa or adjustment of status. Right pushbrk??

Ok, let me see if I got this straight. We can get married (on paper). To do this, contact the county clerk where I live now and go through their marriage procedure.

After that, we are married. Next, file for an I-130. Where do I do this? This will allow her to stay without leaving the country?

Anything after that?

How much time will it take from marriage til the status can change for her to stay? If she can't stay, the next step would be to get her a Spousal visa in Japan and wait for that before she can return. Correct?

Thanks alot guys!

For info on the I-130 - read the Guides located above on the toolbar for this site (K-3/CR-1).

While she is in the process of AOS, she will not have to leave.

Time to AOS varies. check the site time lines for that info.

You'll file the I-130, an I-485 and an I-864 at minimum. It is critical that you carefully study the appropriate guide and the instructions that come with these forms. Start by clicking on the word "Guides" at the top of any page here. Follow the one for when both husband and wife ar in the USA. Of course, the first step is to actually get married.

[Nich-Nick 3,355]

Ok, let me see if I got this straight. We can get married (on paper). To do this, contact the county clerk where I live now and go through their marriage procedure.Thanks alot guys!

Yes that's probably the procedure. Each state has different rules for marriage. Some only have to show id (passport), others want a Social Security number, and some have waiting periods. If you don't like the rules or requirements where you are, go to another state. Many people marry in Las Vegas because it's easy and instant in Nevada. A marriage anywhere in the US is okay for the rest of your paperwork.

You need a certified copy of the marriage license. Ask how/when you can obtain one wherever you get your license. Often it goes like this: Get a license; maybe wait x number of days if required; get married by a judge or justice of the peace or minister; officiant of marriage signs the license; take the license back to county where you got it; county registers it in their records; they put an official seal or stamp on it and give it back to you. That is now your marriage certificate. They can normally give you a certified copy at the same time for a fee. Look up the law in the state where you plan to marry.

[Nicolle 0]

Ahh you had the same initial idea I had.. Okay If your fiance comes over on a tourist visa and ya'll get married the tourist visa wil expire in 3 months and your fiance will have to return to their home country and wait there unitl the process of getting them here is complete. What me and my fiance decided to do was file for th K1 visa, then he just came to America to visit me for 3 months while our paperwork was being processed. So now,when he goes back to his country he wont have to be there long before he is approved and he can come over here again on his K1 visa and we can get married and he can stay here.. If you get married on a tourist visa then you will have to file for a k3 visa and I have heard that those take longer to process then the K1 Visa..

[pushbrk 14,568]

Ahh you had the same initial idea I had.. Okay If your fiance comes over on a tourist visa and ya'll get married the tourist visa wil expire in 3 months and your fiance will have to return to their home country and wait there unitl the process of getting them here is complete. What me and my fiance decided to do was file for th K1 visa, then he just came to America to visit me for 3 months while our paperwork was being processed. So now,when he goes back to his country he wont have to be there long before he is approved and he can come over here again on his K1 visa and we can get married and he can stay here.. If you get married on a tourist visa then you will have to file for a k3 visa and I have heard that those take longer to process then the K1 Visa..

This is not new information.