Married Internationally - Then entering on Tourist Visa->AOS

[GuateChina 0]

Why does everyone talk about the ins & outs of getting married on a tourist visa in the United States?

What changes if we get married internationally, and then enter the United States and decide to do an adjustment of status?

My partner is from Guatemala, and has had for the last 8 yrs a 10 yr multi entry visa from before we met, we have lived together the last 6 years unmarried, 5 in Guatemala and 1 year in China. We have a 4 year old child who carries both American & Guatemalan passports.

China Guangzhou wants nothing to do with our case as I live in China on F Business Visas, and she is not Chinese. Hong Kong can't do anything, since we have no presence there, and need to have travel documents anyways.

As we never had intentions of living in the United States before now, we never got married and did any filing as we would not have logged enough days inside the US to keep the Green Card.

It seems it is not legal to get married in the states on a tourist visa, why can't we get married in Hong Kong, Bali, Singapore, etc - and then when we are ready to stay in the United States simply file for adjustment of status.

There is no consulate or embassy for Guatemala in any of the countries we frequent so of course we would not be able to get a passport with updated names.

Thanks!

[belinda63 3,039]

If you read what a tourist visa is you will find it is a visa for the purpose of NON IMMIGRATION to the US. That means you come for a certain time, see the sights, eat the food, see your friends, and then you LEAVE the country. To enter the US on a tourist visa with the intent to immigrate, ie. adjust status, is fraud and misrepresentation as well as a violation of the terms of the visa.

FYI it is perfectly legal to marry inside the US on a tourist visa as long as you leave prior to the expiration of the visa. It is not legal to enter on a tourist visa for the purpose of adjusting status.

[GuateChina 0]

Of course - and what you have mentioned has been hashed out 1000's of times.

I am "proposing" anything rather "supposing" what would happen if - the following - we end up Married in Thailand, or NZ or whatever some weekend.

Then at some point we travel to America on routine business like we always do, with return tickets, apartment still leased in China etc, however, its possible a key employee might leave my US office, or I get some dental work done and decide to extend the trip, perhaps buy a piece of investment property, then our daughter decides she really likes her American school better, and spending time with her grandma rather than her maid, so they stay and I buy a new plane ticket and travel to China to deal with some business, now 3 -4 months has past a few plane tickets canceled, and we decide the hell with it, and then file an adjustment of status.

The visa was issued 8 years ago, and has been used for over 50 entries and exits to America thus far, I understand it not "legal" to adjust status of a tourist visa, but, it is "possible".

My question is specific to entering the united states on a tourist visa while already married to a us person.

Edited April 28, 2010 by GuateChina

[belinda63 3,039]

Sure she can enter as a tourist. But what you are indicating is that you are intending to have her come as a tourist with the intent to immigrate and you are asking for advice on how to do this. I don't think you will find a lot of friendly answers here. I personally waited more than two years for my fiance to obtain his visa the LEGAL way and it is people who circumvent the legal immigration process that make it harder for other, legal immigrants and visitors to come here.

If you want to break the law that is your choice but don't ask anyone here to help you and remember the legal ramifications if she is found to have lied or even "omitted" information at any time during the process which could be a lifetime ban to entering the US. Are you willing to take this risk?

And by simply posing this "hypothetical" question here shows you have the intent violating immigration law.

Edited April 28, 2010 by belinda63

[john_and_marlene 162]

It seems it is not legal to get married in the states on a tourist visa

There is nothing illegal about getting married in the U.S. on a tourist visa.

[Kathryn41 3,205]

Of course - and what you have mentioned has been hashed out 1000's of times.

I am "proposing" anything rather "supposing" what would happen if - the following - we end up Married in Thailand, or NZ or whatever some weekend.

Then at some point we travel to America on routine business like we always do, with return tickets, apartment still leased in China etc, however, its possible a key employee might leave my US office, or I get some dental work done and decide to extend the trip, perhaps buy a piece of investment property, then our daughter decides she really likes her American school better, and spending time with her grandma rather than her maid, so they stay and I buy a new plane ticket and travel to China to deal with some business, now 3 -4 months has past a few plane tickets canceled, and we decide the hell with it, and then file an adjustment of status.

The visa was issued 8 years ago, and has been used for over 50 entries and exits to America thus far, I understand it not "legal" to adjust status of a tourist visa, but, it is "possible".

My question is specific to entering the united states on a tourist visa while already married to a us person.

Your 'hypothetical supposition' about you and your wife coming to the US on a tourist visa and 'changing' her mind when she gets here sounds like an already well thought out plan and qualifies as out and out visa fraud. If you had not 'planned' out this coincidental 'change of mind' and had entered the US on a tourist visa with the full intent of returning to China or wherever, then circumstances changed, then that would be legal. Planning on the circumstances ahead of time is not.

What you are suggesting is also a violation of the Terms of Service for Visa Journey. You have also posted this information on a public website that is read by employees of USCIS. You have been given the information more than once that this plan is illegal. Misrepresentation on this scale would probably result in your wife receiving a permanent ban from ever entering the US. If you wish to enter the country legally as a married couple, investigate DCF for the country in which you now legally reside.

As per the Terms of Service for VJ I am now closing this thread for TOS violations - requesting information about how to violate immigration law.

Edited April 28, 2010 by Kathryn41