Marrying on Tourist Visa: Help to Understand

[RussianAmerican 0]

Hello!

I'm so happy I found this site, it seems everybody here are very generous when it comes to spreading knowledge and share the experience:)

I'm currently in Atlanta, GA, on my tourist visa. I've been coming to USA back and forth for 5 yrs, never was denied a visa, never overstayed. My boyfriend, American citizen, just proposed to me and we're very excited to get married.

Originally I'm from Russia, but I would love to stay in USA with my future husband. So I guess after we get married I'll have to apply for Adjustment Of Status, right? And that's as much as I know about the process:)

Can anybody who's been through the same situation, explain me the steps I should take now and appox time frames?

And I entered USA on may 6th, stamp in my passport says I can stay till nov 5th. We want to get married late June-early July. And I'd need to go back to Russia before the end of 2011 to re-new my passport.

Thank you in advance!!

[EAbbas 213]

Hello!

I'm so happy I found this site, it seems everybody here are very generous when it comes to spreading knowledge and share the experience:)

I'm currently in Atlanta, GA, on my tourist visa. I've been coming to USA back and forth for 5 yrs, never was denied a visa, never overstayed. My boyfriend, American citizen, just proposed to me and we're very excited to get married.

Originally I'm from Russia, but I would love to stay in USA with my future husband. So I guess after we get married I'll have to apply for Adjustment Of Status, right? And that's as much as I know about the process:)

Can anybody who's been through the same situation, explain me the steps I should take now and appox time frames?

And I entered USA on may 6th, stamp in my passport says I can stay till nov 5th. We want to get married late June-early July. And I'd need to go back to Russia before the end of 2011 to re-new my passport.

Thank you in advance!!

Not exactly sure how that works but from the things i've read it's not that easy to just simply adjust status after marrying on a tourist visa. You definitely need to weigh the legality of it. You entered on a tourist visa then to marry on it and stay and adjust status may be tricky as it could be seen as fraudalent unless you can prove you didnt intend to marry when you entered. Visa fraud is serious business to the government.

My advice would be to marry then go back to your own country and he can apply for you with the CR1 visa... it takes a while but not so long just wait it out in Russia until your visa interview..... but it's up to you...read everything you can find on marrying on tourist visa...weigh the pros and cons carefully as it can bar you from being here for 10 yrs or more (lifetime) if it's not done correctly.

Good luck tho...

Edited June 5, 2011 by EAbbas

[RussianAmerican 0]

Thank you for the reply.

Frankly I thought it's rather a common practice. How else people get married in USA with their non-USA bf/gf ( besides obvious fiancé visa)? And I got my tourist visa two years ago so I was not lying when I applied for it since my intention was to travel.

[EAbbas 213]

Thank you for the reply.

Frankly I thought it's rather a common practice. How else people get married in USA with their non-USA bf/gf ( besides obvious fiancé visa)? And I got my tourist visa two years ago so I was not lying when I applied for it since my intention was to travel.

the correct process is if you get married in USA the foreign spouse goes back to their own country while the visa application is in process. But you can try to adjust status otherwise...it does happen and plenty of people do it with good results and some bad results...doesn't always work out the way you think it will.... I'm just telling you there is always a risk of being considerd visa fraud. The decision you make is totally up to you and your own situation.

[EAbbas 213]

http://www.visajourney.com/forums/topic/311851-marry-on-a-tourist-visa-and-then-cr-1/

This link is dedicated to what your considering...this should help.

Edited June 5, 2011 by EAbbas

[ValerieA 350]

That link is for a different scenario than yours - that person was NOT currently in the US.

What you are thinking of doing is fine. Here is the AOS guide, with all the steps you need to take:

AOS

Do NOT leave the US until you have at least the Advanced Parole. Apply for AOS as soon as you have your marriage certificate; someone else will surely chime in with current processing times, but I expect that it is still 3-4 months.

[EAbbas 213]

I don't disagree that it can work and be successful...but I'm just giving her the other cons as well.

My first post clearly said...

"You entered on a tourist visa then to marry on it and stay and adjust status may be tricky as it could be seen as fraudalent unless you can prove you didnt intend to marry when you entered

That is the concern. Not everybody gets thru this situation without any issues. She simply needs to be cautious and make sure they cover all their bases so there are no questions about the legality of it.

[ValerieA 350]

OP, I have requested that this topic be moved to AOS from work, tourist, and student visas, as that is more appropriate and you will get more responses there.

[Kathryn41 3,205]

Topic has been moved from Tourist Visa forum to Adjustment of Status from Work, Student & Tourist Visas as a more appropriate location for this discussion.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Moderator hat off now . RussianAmerican, first of all, welcome to Visa Journey. Second, as ValerieA mentioned your circumstances are such that you are perfectly fine getting married and remaining in the US to adjust your status and become a permanent resident of the US without having to leave the US. Applying for a CR-1 visa is a visa that will allow the spouse of a US citizen who is outside of the US to enter the US as a permanent resident. Since you are already in the US, had no intentions of getting married and remaining in the US when you last entered and your visa is currently valid, it is perfectly legal for you to get married and adjust your status from within the US. In fact, this thread is now in the forum devoted especially to that very situation. You don' t need to pursue a CR-1 visa unless your circumstances require you to leave the US before you get a green card.

You should know that if you chose to follow this option you cannot leave the US and use this option again. If you leave the US you will need to pursue a CR-1 visa to return as any future entries to the US would imply intent to remain as you are now married to a US citizen. Once you are married you are also not able to leave the US until one of two things happens - you receive your green card (Permanent Resident status) OR you apply for and receive special travel permission known as Advance Parole that will allow you to leave and return to the US while waiting for your a decision on your green card.

You should be able to renew your Russian passport through the Russian Embassy or a Consulate if you are still in the US when it expires. You may wish to ask about how to do that in the Russian, Ukraine and Belarus Regional Forum http://www.visajourney.com/forums/forum/98-russia-ukraine-and-belarus/ where other Russian American couples exchange information specific to their situations.

Good luck to you and congratulations on your engagement.

Edited June 5, 2011 by Kathryn41

[paojack 41]

Im pretty sure is NOT legal to enter the USA intending to marry a USC on a tourist visa, but since u are already there I dont know how that will work, u need to prove that u had no intention when u first enter the US, How do u do that? I have no idea . Be careful and investigate well before u decide to do it. Good luck and congrats!!!

Edited June 6, 2011 by paojack

[VanessaTony 3,567]

Im pretty sure is NOT legal to enter the USA intending to marry a USC on a tourist visa, but since u are already there I dont know how that will work, u need to prove that u had no intention when u first enter the US, How do u do that? I have no idea. Be careful and investigate well before u decide to do it. Good luck and congrats!!!

Well I know for SURE that it's perfectly legal to enter the US and marry a USC on a tourist visa. It is however considered fraud to enter with INTENT to marry and AOS which the OP states she did not.

There is also no need to prove lack of intent. There's no concern there unless she was asked at POE who she was coming to visit and she lied and said "a friend", or if they asked her outright if she was planning to marry her fiance (if he mentioned fiance) or if they specifically got her to say she would NOT AOS while there. The OP mentioned none of that.

[JimVaPhuong 4,863]

Im pretty sure is NOT legal to enter the USA intending to marry a USC on a tourist visa, but since u are already there I dont know how that will work, u need to prove that u had no intention when u first enter the US, How do u do that? I have no idea . Be careful and investigate well before u decide to do it. Good luck and congrats!!!

You don't have to prove anything. It's quite the reverse, and even then it's not sufficient grounds to deny AOS.

There was a time, long ago, when INS (the predecessor to USCIS) would routinely deny adjustment of status if they suspected that the intending immigrant entered the US with the preconceived intent to immigrate. That changed with several BIA and court decisions. Preconceived intent is still a serious negative factor, but it's not serious enough to deny AOS for an immediate relative of a US citizen. They would only deny AOS if they had proof that an intending immigrant had preconceived intent, and that they lied about their intent to an immigration officer.

Again, the intending immigrant does not need to prove that they didn't have a preconceived intent to immigrate.

[skanaga 0]

Hi, My wife entered on Tourist Visa and we got Married. We applied for Conversion of Status (Tourist to L2 ).

It came through successfully without any issues.

[Daniel&Theary 30]

I will tell you what me and my ex wife did

We married when she was here on a visitor visa. Aslong as you did not enter the states with the plans of marriage you are ok.

We applied for her AOS. We applied on Jan. 4, 2006 it was approved and in May of 2006. She had to have a physical finger printed and we went in for a interview. But basically pretty harmless and easy (easier then the divorce anyways)

[gigi_a 0]

Hello!

I'm so happy I found this site, it seems everybody here are very generous when it comes to spreading knowledge and share the experience:)

I'm currently in Atlanta, GA, on my tourist visa. I've been coming to USA back and forth for 5 yrs, never was denied a visa, never overstayed. My boyfriend, American citizen, just proposed to me and we're very excited to get married.

Originally I'm from Russia, but I would love to stay in USA with my future husband. So I guess after we get married I'll have to apply for Adjustment Of Status, right? And that's as much as I know about the process:)

Can anybody who's been through the same situation, explain me the steps I should take now and appox time frames?

And I entered USA on may 6th, stamp in my passport says I can stay till nov 5th. We want to get married late June-early July. And I'd need to go back to Russia before the end of 2011 to re-new my passport.

Thank you in advance!!

You can actually renew your passport at one of the Russian consulates in the USA if that is your concern.

However, make sure that you either not leave before you at least get Advanced Parole (I131) or leave right after you get married and stay home until the process is all over. Which one you choose depends on your level of concerned. There are nervous people like me who choose to go the "safe" route and go back to their home country and wait out the process there instead of possibly facing visa fraud charges. There are other people who can not stand the thought of being separated from their spouse for the length of the process (3-5months)so they decide to stay. All depends on your personality and personal preference. I believe someone already gave you the link to how to adjust status inside of the US which is extremely helpful and includes the entire process in detail and all the paperwork that needs filled out.

Good luck to you! :}