Marrying while on Tourist Visa

[Steve77 0]

Hello, I’ve read the Marriage based Immigration Choice FAQ and prior related posts, but believe my question is still somewhat unique.

I’m a US citizen and my current girlfriend is a Thai national whom I know for around four years. We met since, at that time, we both worked for the same multinational company. We were friends for the first few years and we’ve now since become boyfriend/girlfriend in May of 2010. I’ve visited her in Thailand three times since last year. She’s been to the US twice in the past year on a tourist visa. She’s since left her last employer and is visiting me this June for around three months.

We’ve become quite serious and both believe we’re in love with each other, albeit not actually ready for marriage just yet. I separated from my ex-wife in 2008 and our divorce just went through this past March.

The reason we both can’t say we’re ready for marriage is due to whether she believes she would adjust to life in the United States. Assuming she likes it here, I’d say there is a good chance we’d both wish to marry. I just can’t say whether we’d feel this way in one month, three months, or one year, etc. Having read the various boards regarding marrying while one’s girlfriend is on a tourist visa, I have a question/concern about how the immigration authorities would see an attempt in to file Adjustment of Status (AoS).

Incidentally, I’m not concerned about either her need [or my need] to travel back to Thailand per se; I’m concerned more about a need to separate from each other for three, six, or more months in order to adjust/file changes in status if we did marry. Based on the circumstances I describe above, could anyone say whether I’d be of acceptable risk, if we do end up wishing to marry, to attempt the AoS vs some other route?

If we do marry while she’s here as tourist and file AoS, I find it hard for authorities to think it was deliberate (i.e. fraud), as we’ve previously met three times in the US and we both travel back and forth often, but I don’t want problems. (She had also previously been to US many times prior on crew visa).

I’ve only even thought of marriage recently and am not as fluent as many of you on the various approaches and associated risks, timelines, costs, etc. I’d like to try to minimize waiting times where we’d have to be in separate countries, undue bureaucracy and cost. Based on some prior posts, I believe AoS would be appropriate approach if we somehow came to joint decision to marry while she’s here.

Pursuing K-1 visa seems over-heavy to me since we’re just continuing our current wishes of visiting each other and cannot say we will be ready to marry in 90 days.

BTW, I’ll have a two week vacation in the Sept timeframe and will likely travel back to Thailand with her around this time either way. If somehow we did wish to marry, would it be better to do this in the US or Thailand? From what I’ve read it won’t matter. Thank you for any guidance!

[canadian_wife 1,831]

You raise some concerns. I read "if we get married' and "if we decided to AOS" but then you say you may marry in September... so what I read is "if" what I think is that you are planning on having her come to the US on a tourist visa, marry and AOS.

If you are already thinking about marriage, then isn't a K-1 not so much 'heavy handed' and actually fits your situation perfectly.

Good luck

[Moomin 292]

Based on the circumstances I describe above, could anyone say whether I’d be of acceptable risk, if we do end up wishing to marry, to attempt the AoS vs some other route?

If we do marry while she’s here as tourist and file AoS, I find it hard for authorities to think it was deliberate (i.e. fraud)

Pursuing K-1 visa seems over-heavy to me since we’re just continuing our current wishes of visiting each other and cannot say we will be ready to marry in 90 days.

From what I gather you're looking for that NIDP; Nonimmigrant-Immigrant Dual Purpose visa. It does not exist but we've all desired it. You don't want to be separated and you don't know it you're ready for the commitment of marriage. I agree 3 months isn't much basing your future on it but you're granted the opportunity of getting to know each others daily routines and your surroundings without having to think of it as a one week vacation full of adventure. I signed the letter of intent, then visited twice(each time a month) after that and 6 months later my fiancé submitted the I-129f petition. That gave us some time to relaxe around each other and to see if this was the way to go.

It's not illegal to get married in the US on a tourist visa but to intentionally enter the country on a nonimmigrant visa with the intent of AOS is a no-no. Even if your girlfriend finds an employer willing to sponsor her I'd say it's in the grey area of the real purpose but I have far too little knowledge here.

It's great you're seeking advise and the laws of immigration but you sound more like you just want it to stay like this for the time being; visiting and figuring out what your own intentions are.

[ValerieA 350]

If you do decide that this relationship is something that will last, and get married while she is here, she can NOT leave the country until she receives her Advance Parole (part of the AOS process). If you married while in Thailand, she should not come back into the US except for visits until you obtain a CR-1 visa for her, as entering the US on a non immigrant visa while intending to immigrate once in the US is fraud.

[Steve77 0]

If we wish to marry and elect to pursue K-1 would it matter where she is physically during the application timeline? (e.g. if she were in the US when we decide to pursue).

My concern with K-1 is that if we don’t elect to marry within 90 days it expires and she would also no longer have the tourist visa…she’s starting from scratch, correct?

…

Separately, let’s say we ended up marrying straightaway abroad… from ValerieA’s answer, as long as we don’t violate terms of the current tourist visa, she could still come back and forth for visits while the CR-1 is pending….is this right?

OK so I guess I should write back if and/or when we actually know if we want to go the distance…i.e. know that we actually want to marry. Sorry for the hypothetical questions. I happened upon this site indirectly while doing searches for travel health insurance for her. And now I’m intrigued and overwhelmed by the combinations of paths for those wishing to have their future or current spouses here and hence trying to look into the crystal ball. Thanks.

[Moomin 292]

At the airport when she gets her passport stamped they often ask some questions. During the visa process(I'm not even sure they can see it in their system though) you're engaged and she cannot lie/misrepresent herself if they ask specific questions. If they suspect immigration purpose because of the change in your relationship they might think she's trying to immigrate. That is why it's important for her to show ties to her home country through for example her house/rent, an employment letter(and returning to work), anything that ties her to her country.

Having that said, you can visit : ) But even with a tourist visa she can be denied entry - the same goes for having a pending petition.

I'm not sure about the tourist visa's validity after K1/Cr-1 or if it's cancelled without prejudice. I'll let someone else take this one so you're not going to get different answers but pursuing a visa with immigration intent and then going back to a tourist visa might be hard to get approved for.

[katiemanny 64]

Coming to the US with a tourist visa with the intention to marry and AOS is illegal and should be discourage by VJ members, I strongly suggest you if you want your wife to move here permanently just do a k1 petition or CR1 whichever you'd prefer.

[Steve77 0]

Coming to the US with a tourist visa with the intention to marry and AOS is illegal and should be discourage by VJ members, I strongly suggest you if you want your wife to move here permanently just do a k1 petition or CR1 whichever you'd prefer.

Thanks. I thought I made it clear that I'm not sure if I wish to marry her, nor is she sure. I regret if I somehow gave this impression based on what I wrote. We have been travelling back and forth visiting each other. I hope this continues and we become closer. Perhaps one day we'll wish to marry. I'm trying to be responsible by researching the appropriate visa if that day comes.