Is it possible to have someone come in on a tourist visa and then you marry and are able to change the visa status legally?

[Sadielady 0]

My situation is a little different and perhaps more difficult as a result. I am an EU (British) citizen who has lived in the USA for 20 years as a legal permanent resident (please don't even ask why I haven't become a citizen up until now ..stupid.. I know)

I have been teaching in Turkey for the last year and I am leaving Turkey on July 1st and am leaving the man I love. We both want to go back to the USA but couldn;t start the visa sponsoring (130 Visa) here because I am not a US citizen yet and my US citizenship interview is not until July or August...

Once I am an AMerican citizen or even just prior, "Is it legal and possible to have a "friend" come over on a tourist visa to the United States to visit you (an American Citizen) and then you get married and change the visa status so that he is able to work legally?"

OR..Do you have to live in two different countries and sponsor him for a 129-F visa? If possibe to do either, which is faster and does anyone know what the REAL time frames are likely to be?

I can't afford a lawyer on my Turkish salary.. so if anyone can answer these questions or have any ideas.. I would be SO grateful!

[pushbrk 12,154]

My situation is a little different and perhaps more difficult as a result. I am an EU (British) citizen who has lived in the USA for 20 years as a legal permanent resident (please don't even ask why I haven't become a citizen up until now ..stupid.. I know)

I have been teaching in Turkey for the last year and I am leaving Turkey on July 1st and am leaving the man I love. We both want to go back to the USA but couldn;t start the visa sponsoring (130 Visa) here because I am not a US citizen yet and my US citizenship interview is not until July or August...

Once I am an AMerican citizen or even just prior, "Is it legal and possible to have a "friend" come over on a tourist visa to the United States to visit you (an American Citizen) and then you get married and change the visa status so that he is able to work legally?"

OR..Do you have to live in two different countries and sponsor him for a 129-F visa? If possibe to do either, which is faster and does anyone know what the REAL time frames are likely to be?

I can't afford a lawyer on my Turkish salary.. so if anyone can answer these questions or have any ideas.. I would be SO grateful!

He can come as a tourist and marry but to attempt to follow that up with adjusting status is visa fraud. You see, he wouldn't be coming to visit you. He would be coming to marry and immigrate. That's not allowed. See the guides and choose the the immigration path that best suits your circumstances and priorities.

[daboyz 36]

Unless you have something out of the ordinary, you probably don't need a lawyer. It's basically collecting evidence and submitting paperwork. A lawyer wont do anything to help the process move quicker.

On the Adjustment of Status part... I guess it's possible, but if you get caught, get ready for a ban.

[I AM NOT THAT GUY 5,715]

My situation is a little different and perhaps more difficult as a result. I am an EU (British) citizen who has lived in the USA for 20 years as a legal permanent resident (please don't even ask why I haven't become a citizen up until now ..stupid.. I know)

I have been teaching in Turkey for the last year and I am leaving Turkey on July 1st and am leaving the man I love. We both want to go back to the USA but couldn;t start the visa sponsoring (130 Visa) here because I am not a US citizen yet and my US citizenship interview is not until July or August...

Once I am an AMerican citizen or even just prior, "Is it legal and possible to have a "friend" come over on a tourist visa to the United States to visit you (an American Citizen) and then you get married and change the visa status so that he is able to work legally?"

OR..Do you have to live in two different countries and sponsor him for a 129-F visa? If possibe to do either, which is faster and does anyone know what the REAL time frames are likely to be?

I can't afford a lawyer on my Turkish salary.. so if anyone can answer these questions or have any ideas.. I would be SO grateful!

If I understand the process correctly, and if he did come on a tourist visa and marry you, he would have to return to Turkey, and you would have to start the petition process for him. He could then return on the appropriate visa once issued at the US Embassy/Consulate in Turkey.

[Bobby+Umit 161]

I would suggest you wait till you become an USC, then the process will be much faster to bring your loved one over.

You could marry him now, and start the process to bring him over, and once you get your USC papers, you can upgrade your paperwork with your new status. (if you don't want to wait)

USCIS B-1

I would not recommend doing what your suggesting, as Pushbrk stated, not good.

You can check the links above to look at the average timelines for the different visa types.

(20 yrs as an LPR and not becoming an USC? what were you thinking )

[JimVaPhuong 4,863]

My situation is a little different and perhaps more difficult as a result. I am an EU (British) citizen who has lived in the USA for 20 years as a legal permanent resident (please don't even ask why I haven't become a citizen up until now ..stupid.. I know)

I have been teaching in Turkey for the last year and I am leaving Turkey on July 1st and am leaving the man I love. We both want to go back to the USA but couldn;t start the visa sponsoring (130 Visa) here because I am not a US citizen yet and my US citizenship interview is not until July or August...

Once I am an AMerican citizen or even just prior, "Is it legal and possible to have a "friend" come over on a tourist visa to the United States to visit you (an American Citizen) and then you get married and change the visa status so that he is able to work legally?"

OR..Do you have to live in two different countries and sponsor him for a 129-F visa? If possibe to do either, which is faster and does anyone know what the REAL time frames are likely to be?

I can't afford a lawyer on my Turkish salary.. so if anyone can answer these questions or have any ideas.. I would be SO grateful!

I assume you got a re-entry permit before going to Turkey, right? Just checking. You've been out of the US for a year and taken up residence in another country. Without the re-entry permit, you're no longer an LPR. It would seriously complicate matters if YOU had to get a visa to return to the US.

You're not far from becoming a US citizen. Wait until you get your citizenship and then file for a K1. Current time looks like about 4 months for the petition (depends on the service center), and about 3 months for the interview in Turkey. Assuming he isn't put on AP then he'll get his visa shortly after that.

Don't have him come over and "visit" after you get your citizenship, marry him, and then attempt to adjust status. You'd be playing with fire. It's not up to USCIS to prove that he intended to marry you when he entered on his visitors visa - it's up to YOU to prove that he DIDN'T. You'd have to show strong evidence that he had every intention of returning to Turkey when he entered the US. The fact that you would have recently returned from Turkey would only make it look worse. This could blow up in your face, and he could be ejected from the country with a lifetime ban from ever returning.

[Sadielady 0]

Unless you have something out of the ordinary, you probably don't need a lawyer. It's basically collecting evidence and submitting paperwork. A lawyer wont do anything to help the process move quicker.

On the Adjustment of Status part... I guess it's possible, but if you get caught, get ready for a ban.

I now realize that this adjustment status thing isn't legal... I am so glad that I posted my question. THank you.

[Sadielady 0]

I would suggest you wait till you become an USC, then the process will be much faster to bring your loved one over.

You could marry him now, and start the process to bring him over, and once you get your USC papers, you can upgrade your paperwork with your new status. (if you don't want to wait)

USCIS B-1

I would not recommend doing what your suggesting, as Pushbrk stated, not good.

You can check the links above to look at the average timelines for the different visa types.

(20 yrs as an LPR and not becoming an USC? what were you thinking )

So I could marry him in Turkey and it would n't disrupt the USC process at the interview?.. that is all I have left to do,.. and the ceremony of course!

WOuld the fact that we are married speed things up?

Thank you for your advice..

[Sadielady 0]

My situation is a little different and perhaps more difficult as a result. I am an EU (British) citizen who has lived in the USA for 20 years as a legal permanent resident (please don't even ask why I haven't become a citizen up until now ..stupid.. I know)

I have been teaching in Turkey for the last year and I am leaving Turkey on July 1st and am leaving the man I love. We both want to go back to the USA but couldn;t start the visa sponsoring (130 Visa) here because I am not a US citizen yet and my US citizenship interview is not until July or August...

Once I am an AMerican citizen or even just prior, "Is it legal and possible to have a "friend" come over on a tourist visa to the United States to visit you (an American Citizen) and then you get married and change the visa status so that he is able to work legally?"

OR..Do you have to live in two different countries and sponsor him for a 129-F visa? If possibe to do either, which is faster and does anyone know what the REAL time frames are likely to be?

I can't afford a lawyer on my Turkish salary.. so if anyone can answer these questions or have any ideas.. I would be SO grateful!

I assume you got a re-entry permit before going to Turkey, right? Just checking. You've been out of the US for a year and taken up residence in another country. Without the re-entry permit, you're no longer an LPR. It would seriously complicate matters if YOU had to get a visa to return to the US.

You're not far from becoming a US citizen. Wait until you get your citizenship and then file for a K1. Current time looks like about 4 months for the petition (depends on the service center), and about 3 months for the interview in Turkey. Assuming he isn't put on AP then he'll get his visa shortly after that.

Don't have him come over and "visit" after you get your citizenship, marry him, and then attempt to adjust status. You'd be playing with fire. It's not up to USCIS to prove that he intended to marry you when he entered on his visitors visa - it's up to YOU to prove that he DIDN'T. You'd have to show strong evidence that he had every intention of returning to Turkey when he entered the US. The fact that you would have recently returned from Turkey would only make it look worse. This could blow up in your face, and he could be ejected from the country with a lifetime ban from ever returning.

Yes, I got my reentry permit! Thanks. I made sure that I wouldn't jeapordize anything.. So it is the K1 visa? Would the K1 visa still apply if I married him before I got my citizenship.. and would marrying him burden the process or perhaps accelarate the process? THank you so much for your detailed response.. I truly appreciate it..

My situation is a little different and perhaps more difficult as a result. I am an EU (British) citizen who has lived in the USA for 20 years as a legal permanent resident (please don't even ask why I haven't become a citizen up until now ..stupid.. I know)

I have been teaching in Turkey for the last year and I am leaving Turkey on July 1st and am leaving the man I love. We both want to go back to the USA but couldn;t start the visa sponsoring (130 Visa) here because I am not a US citizen yet and my US citizenship interview is not until July or August...

Once I am an AMerican citizen or even just prior, "Is it legal and possible to have a "friend" come over on a tourist visa to the United States to visit you (an American Citizen) and then you get married and change the visa status so that he is able to work legally?"

OR..Do you have to live in two different countries and sponsor him for a 129-F visa? If possibe to do either, which is faster and does anyone know what the REAL time frames are likely to be?

I can't afford a lawyer on my Turkish salary.. so if anyone can answer these questions or have any ideas.. I would be SO grateful!

I assume you got a re-entry permit before going to Turkey, right? Just checking. You've been out of the US for a year and taken up residence in another country. Without the re-entry permit, you're no longer an LPR. It would seriously complicate matters if YOU had to get a visa to return to the US.

You're not far from becoming a US citizen. Wait until you get your citizenship and then file for a K1. Current time looks like about 4 months for the petition (depends on the service center), and about 3 months for the interview in Turkey. Assuming he isn't put on AP then he'll get his visa shortly after that.

Don't have him come over and "visit" after you get your citizenship, marry him, and then attempt to adjust status. You'd be playing with fire. It's not up to USCIS to prove that he intended to marry you when he entered on his visitors visa - it's up to YOU to prove that he DIDN'T. You'd have to show strong evidence that he had every intention of returning to Turkey when he entered the US. The fact that you would have recently returned from Turkey would only make it look worse. This could blow up in your face, and he could be ejected from the country with a lifetime ban from ever returning.

Yes, I got my reentry permit! Thanks. I made sure that I wouldn't jeapordize anything.. So it is the K1 visa? Would the K1 visa still apply if I married him before I got my citizenship.. and would marrying him burden the process or perhaps accelarate the process? THank you so much for your detailed response.. I truly appreciate it..

Of Course the marriage would take place in Turkey.....

[Sadielady 0]

I would suggest you wait till you become an USC, then the process will be much faster to bring your loved one over.

You could marry him now, and start the process to bring him over, and once you get your USC papers, you can upgrade your paperwork with your new status. (if you don't want to wait)

USCIS B-1

I would not recommend doing what your suggesting, as Pushbrk stated, not good.

You can check the links above to look at the average timelines for the different visa types.

(20 yrs as an LPR and not becoming an USC? what were you thinking )

Would the marriage in Turkey complicate anything? Would it speed it up? Thank you for your help...

My situation is a little different and perhaps more difficult as a result. I am an EU (British) citizen who has lived in the USA for 20 years as a legal permanent resident (please don't even ask why I haven't become a citizen up until now ..stupid.. I know)

I have been teaching in Turkey for the last year and I am leaving Turkey on July 1st and am leaving the man I love. We both want to go back to the USA but couldn;t start the visa sponsoring (130 Visa) here because I am not a US citizen yet and my US citizenship interview is not until July or August...

Once I am an AMerican citizen or even just prior, "Is it legal and possible to have a "friend" come over on a tourist visa to the United States to visit you (an American Citizen) and then you get married and change the visa status so that he is able to work legally?"

OR..Do you have to live in two different countries and sponsor him for a 129-F visa? If possibe to do either, which is faster and does anyone know what the REAL time frames are likely to be?

I can't afford a lawyer on my Turkish salary.. so if anyone can answer these questions or have any ideas.. I would be SO grateful!

He can come as a tourist and marry but to attempt to follow that up with adjusting status is visa fraud. You see, he wouldn't be coming to visit you. He would be coming to marry and immigrate. That's not allowed. See the guides and choose the the immigration path that best suits your circumstances and priorities.

I am so glad that I posted this question on line. I would have been mortified if I had committed visa fraud. ...thanks ....

[Gemmie 142]

The K1 no longer is valid once you marry him, as it's a Fiance/e visa.

If you choose to marry him first, before bringing him to the US, you would need to file for a spousal visa.

No, being married doesn't speed anything up. In fact, the K1 is quicker by a few months, but it depends if you want to bring him over and marry, or marry first and bring him over.

[JimVaPhuong 4,863]

Ok, just to clarify a couple of things for you...

Unless you are a US citizen, you will NOT be able to apply for either the K1 or K3. The K1 is for fiance(e)'s of US citizens (i.e., unmarried). The K3 is for spouses of US citizens (i.e., married). Both types of visas require the beneficiary to apply for adjustment of status AFTER they arrive in the US, at the cost of over $1000. With the K1, you MUST marry in the United States within 90 days of the beneficiary's arrival. You also cannot petition for a K1, get married, and then upgrade to a K3. Getting married nullifies the K1, and you have to start over.

The CR1 and IR1 are alternatives to the K3, and are also only available to US citizen petitioners. They are for spouses, like the K3, but have the advantage that the beneficiary will arrive in the US with status already adjusted. They are also less expensive than the K3. The CR1 is for spouses married less than 2 years (the beneficiary receives a conditional green card), and the IR1 is for spouses married 2 or more years (the beneficiary receives an unconditional green card).

The only option available for a legal permanent resident is the F2 - Family Second Preference visa. You file an I-130, just like for the K3 and CR1/IR1, but your beneficiary has to wait their turn in line for a visa. How long this will take depends on the priority date for the beneficiary's country, but 2 years or longer is not unusual.

You CAN submit the I-130 for the F2 visa while you're an LPR, and then upgrade to a CR1 once you get your citizenship. You could also wait until you get your citizenship and then petition for the CR1 or K3 initially (CR1 recommended). If you want to marry in Turkey then the K1 is out, even if you get your citizenship, because it requires you to marry in the US.

[Old Dominion 26]

In any event, once he is in the US it will take about three months for him to obtain a work permit. Obtaining a K-1 fiance visa for him would take perhaps three months less than the spousal ones. Given that you must first become a USC, it seems that (best case) you are looking at May, 2010 before he can work her.

[Kinito_2k3 5]

nm

Edited May 31, 2009 by Kinito_2k3

[Sadielady 0]

Ok, just to clarify a couple of things for you...

Unless you are a US citizen, you will NOT be able to apply for either the K1 or K3. The K1 is for fiance(e)'s of US citizens (i.e., unmarried). The K3 is for spouses of US citizens (i.e., married). Both types of visas require the beneficiary to apply for adjustment of status AFTER they arrive in the US, at the cost of over $1000. With the K1, you MUST marry in the United States within 90 days of the beneficiary's arrival. You also cannot petition for a K1, get married, and then upgrade to a K3. Getting married nullifies the K1, and you have to start over.

The CR1 and IR1 are alternatives to the K3, and are also only available to US citizen petitioners. They are for spouses, like the K3, but have the advantage that the beneficiary will arrive in the US with status already adjusted. They are also less expensive than the K3. The CR1 is for spouses married less than 2 years (the beneficiary receives a conditional green card), and the IR1 is for spouses married 2 or more years (the beneficiary receives an unconditional green card).

The only option available for a legal permanent resident is the F2 - Family Second Preference visa. You file an I-130, just like for the K3 and CR1/IR1, but your beneficiary has to wait their turn in line for a visa. How long this will take depends on the priority date for the beneficiary's country, but 2 years or longer is not unusual.

You CAN submit the I-130 for the F2 visa while you're an LPR, and then upgrade to a CR1 once you get your citizenship. You could also wait until you get your citizenship and then petition for the CR1 or K3 initially (CR1 recommended). If you want to marry in Turkey then the K1 is out, even if you get your citizenship, because it requires you to marry in the US.