Marriage on Tourist Visa

[bennyb86 0]

My girlfriend and I have been together 2 years now. She finally got the opportunity to visit the US on a 6 month Tourist Visa which expires the beginning of May.

We want to get married but still are unsure of how to go through the process.

We are open to getting married here in the US while she still has her B1/B2 visa. Then, she would return to Venezuela before it expired and continue with the K-3 Visa.

OR just go the K-1 Visa route.

Advantages and disadvantages to them? Is it cool to marry on a tourist Visa just as long as she return home before it expires and then do the K-3?

Advice???

[Pitaya 2,577]

My girlfriend and I have been together 2 years now. She finally got the opportunity to visit the US on a 6 month Tourist Visa which expires the beginning of May.

We want to get married but still are unsure of how to go through the process.

We are open to getting married here in the US while she still has her B1/B2 visa. Then, she would return to Venezuela before it expired and continue with the K-3 Visa.

OR just go the K-1 Visa route.

Advantages and disadvantages to them? Is it cool to marry on a tourist Visa just as long as she return home before it expires and then do the K-3?

Advice???

It sounds like you basically have two choices, fiancee visa (K-1) and spousal visa (CR-1). Recent forum threads suggest that K-3 visas are going by the wayside. Here is the Comparison of the two types of visas that you are looking at. I think that you have hit on the big thing with the tourist visa, don't overstay on an expired visa, as there could be serious consequences later on.

I am certain that other will reply.

Good luck,

[bennyb86 0]

yikes, so harsh!

@Noah lot:

1st You're obviosly a bad gambler, because as I said before "she would return to Venezuela before it expired". I would never gamble with an AOS with the girl I love.

2nd If you continued to read my old posts you would see where I wrote a letter that she gave to the VO's that vouched for her and said she would stay for 6 months and would return home.

Thanks for "'Noah'ing it all".

We never evaded anything in this whole process, the entire time we were honest.

We both are young and not wealthy people so all we are trying to do is spend as much time together as possible without breaking the law or committing fraud. Is that to much to ask?!

Thanks for the advice A&B and Little_My!

[Ban Hammer 13,407]

three posts removed, one for quoting a post violating tos. the one quoting the post returned below minus the quote.

Unless I am reading the OPs post totally wrong, he is asking "is it okay to marry with a tourist visa, as long as my girlfriend returns to Venezuela before the authorized stay expires and continues the process there". Therefore, there is absolutely no reason to get all accusatory with him. From what I can tell based on his posts, they are not planning to circumvent the immigration process in any way.

Benny - yes, you are totally free to get married here with a tourist visa. People do it all the time - the economy of Las Vegas would take a serious hit if this was not allowed. What is not allowed is to enter with a tourist visa with the intent to marry a US citizen and stay to adjust status and become a permanent resident.

Once you are married, you can begin the CR-1 spousal visa process while she is still in the US. The K3 does not really exist anymore, and the K-1 is not an option if you are married as it is for fiances of US citizens. When her authorized stay expires, she will have to leave and wait out the rest of the CR-1 process in Venezuela. She will also have an interview in the US consulate in Venezuela. The whole process takes approximately 9 months or so, so if you file in January/early February, she can stay until May, then must leave, and most likely she'll be able to return with the CR-1 visa sometime around October/November if all goes well.

(the below is not directed at the member quoted above)

please answer the op's question and refrain from judgmentalism. further episodes will face admin action.

Edited January 12, 2012 by charles!

[bennyb86 0]

Interesting twist in the scenario:

Just talked to a UCSIS person on the phone and SHE said that if we were to go along with the CR-1 Visa it is best to just apply for AOS after marriage and before her tourist visa expires!? REALLY?! I told her I was worried it could be considered fraudulent but she assured me they have ways to figure it out... I'm not sure I trust this

ahhh!

Edited January 12, 2012 by bennyb86

[bennyb86 0]

...When I told her I was concerned about fruad, she assured me "as long as she entered into the country legally it is OK"

[Harpa Timsah 13,258]

The people you ring on the phone are NOT USCIS people, and they should not be offering immigration advice. They are all center employees, not even employees of USCIS, and they don't know the laws. If your fiancee shows up at the border and says "I am here to get married and adjust status" she will be put on the next plane back.

[Harsh_77 718]

My girlfriend and I have been together 2 years now. She finally got the opportunity to visit the US on a 6 month Tourist Visa which expires the beginning of May.

We want to get married but still are unsure of how to go through the process.

We are open to getting married here in the US while she still has her B1/B2 visa. Then, she would return to Venezuela before it expired and continue with the K-3 Visa.

OR just go the K-1 Visa route.

Advantages and disadvantages to them? Is it cool to marry on a tourist Visa just as long as she return home before it expires and then do the K-3?

Advice???

K3 was being dicontinued, you might want to apply for CR1 and you can even apply for CR1 as soon as you get married and she can stay until her valid date on I-94 and for second part she can return back home and continue to persue her application from there. Once that get approved she can enter back on CR1 and join you.

[skiptex 225]

benny either way it will take time and Patience..

what YOU need to do, look up and understand the pros/cons of K1 (fiance before marriage) and CR-1 (already Married, here or there)..

HOWEVER.. getting married while on a tourist visa could present some problems..

remember your gf/fiance.. still needs time to tie up loose ends in Venz.. in order to leave her life to come here..

SO you need to know EXACTLY what you are doing and don't get married just because she is on visit.. esp. if you don't know the actions that will result of this choice..

but Patience is best advise to offer..

ok..

good luck!

[Nigerian Queen 16]

The people you ring on the phone are NOT USCIS people, and they should not be offering immigration advice. They are all center employees, not even employees of USCIS, and they don't know the laws. If your fiancee shows up at the border and says "I am here to get married and adjust status" she will be put on the next plane back.

but.why.would.she.do.that

[Nigerian Queen 16]

If.he.would.get.married.and.do.the.cr1.....then.the.uscis.will.extend.her.stay.until..processing.is.complete....thats.the.truth.not.a.geuss

[Penny Lane 8,159]

If.he.would.get.married.and.do.the.cr1.....then.the.uscis.will.extend.her.stay.until..processing.is.complete....thats.the.truth.not.a.geuss

A CR1 does not get to stay and wait. There's an interview in the beneficiary's home country to attend.

Edited January 28, 2012 by Coconuts