Can you marry a US citizen on a tourist visa, and stay?

[tori92 0]

Ok, well..I want to start by saying I want to do things the legal way (although im not sure if my subject is legal)... Anyway, I've been with my partner for 14 months. He is incarcarated at the moment in Oregon DOC. I am an Australian citizen. I want to apply for a k1 fiance visa and have had a bit of a look at it, and it looks like a LONG drawn out process. Does it take 3 months or 12 months? I've heard both! Also, when he gets out we plan on applying.. but unsure if his criminal record will affect the chances of it being approved? (I myself haven't even been arrested so that's good!) Will we need a co-sponsor because he's not exactly rich? He has certificates and I am studying through University... we're trying!

I've heard about people marrying on tourist visas but i am questioning whether this will be legal, last thing we want is both to end up in a cell! So, if I were to marry him on a tourist visa, could I still stay? Or would they think it's fraud and lock us up?

I am a bit worried... and Just want to know how this thing works. I've been on the website, but i still can't figure it out.

Could we get away with marrying if i was on a tourist visa?

[Lornaevo 48]

As far as I understand it is legal to marry anyone at anytime. But it is not legal to come on a tourist visa with the intentions of marrying a citizen. But if you really came here to visit and happen to meet someone and 14 month later get married I think that is completely legal.

[Anh map 2,098]

Entering on a tourist visa and returning home is no problem. You can get married during your visit.

Entering as a visitor and staying, that's a problem.

Why not start the immigrant petition while he is serving his sentence?

[rade2rising 205]

Entering on a tourist visa and returning home is no problem. You can get married during your visit.

Entering as a visitor and staying, that's a problem.

Why not start the immigrant petition while he is serving his sentence?]/b]

gr8 idea and chances are on his release date you could get your visa same time. big celebrations.

[Penguin_ie 5,999]

Getting a K1 takes on average 6-8 months.

Have you met in person yet? If so, he can (probably) petition you right now. Do you know when he will get out? For most cases, the petitioner having a criminal record will not matter, unless it is something sex related.

[I AM NOT THAT GUY 5,715]

For most cases, the petitioner having a criminal record will not matter, unless it is something sex related.

For the immigration process while having a criminal record, under certain circumstances the petitioner will be limited to how many petitions he/she can file, and whether or not the beneficiary will be informed of the petitioner's criminal record during the visa interview.

[Mogambi 96]

The other class of offenses that will probably cause problems are violent offenses. If he's in jail for beating up his girlfriend for instance, pretty likely that this would cause problems.

Co-Sponsor will most likely be needed unless he makes 125% of the US Poverty Guidelines. If he's in jail, pretty unlikely he has any income.

[tori92 0]

Wow thanks for all the responses -

I'd LOVE to start the petition right now, but as another member stated, he has no income (well hes working as a firefighter at the moment in jail but its not really a job now is it?) i figured when he gets out (because he just graduated with HDs mind you very proud i thought he gets a job it will look better? but if we can file now i am so keen!!!)

I understand If i went on a tourist visa and married, id have to come back and apply for a spousal visa, i figured it might skip a few steps (with the k1 visas) and might be a bit easier.

He was charged with robbery (of a vehicle) a few years ago and it's a long story but i really do understand why he did it not that it made it any more justified. He was also charged with eluding police. (stole the car and pissed off and led the cops on a chase through several countys eeeep) but i've warned him if he does it again, that's it we're done i don't need that #######.

As for meeting, well, we've been in contact for a long time, but our first in person visit was supposed to be in May when he is released, I could possibly go earlier but a wedding would be off the cards then.

Thank you all for being so non-judgemental i really appreciate it, can you offer me more advice given my circumstances?

[LeftCoastLady 441]

If you haven't physically met in person yet, then you would have to wait until you're able to do so and can provide proof of that meeting. That's they key requirement for the I-129F petition.

[naplesguy 25]

Wow thanks for all the responses -

I'd LOVE to start the petition right now, but as another member stated, he has no income (well hes working as a firefighter at the moment in jail but its not really a job now is it?) i figured when he gets out (because he just graduated with HDs mind you very proud i thought he gets a job it will look better? but if we can file now i am so keen!!!)

I understand If i went on a tourist visa and married, id have to come back and apply for a spousal visa, i figured it might skip a few steps (with the k1 visas) and might be a bit easier.

He was charged with robbery (of a vehicle) a few years ago and it's a long story but i really do understand why he did it not that it made it any more justified. He was also charged with eluding police. (stole the car and pissed off and led the cops on a chase through several countys eeeep) but i've warned him if he does it again, that's it we're done i don't need that #######.

As for meeting, well, we've been in contact for a long time, but our first in person visit was supposed to be in May when he is released, I could possibly go earlier but a wedding would be off the cards then.

Thank you all for being so non-judgemental i really appreciate it, can you offer me more advice given my circumstances?

my advice would be to keep looking

[tori92 0]

I know.. the stigma that's attached to it.. to be quite honest with you, his past doesn't bother me. If he was a serial killer, i'd be concerned. He messed up, and you would too if you lost your 9 month old to sids. I just want to know if his past is going to create problems with a visa?

[Hannah B 16]

Hi, I am a UK beneficiary and I have a few similaries in my case but I am still in the beginning stages of the K1 process so I will offer what little advise I can for you and for the benefit of others with complicated circumstances I will set out some of the details of my case. I have known my fiance (USC) for 13 years. We dated whilst I was living in the US as a student and have been friends ever since I returned to the UK. He experienced some mental health issues when he was in his early 20's which resulted in a suicide attempt and after some time was eventually diagnosed with bipolar disorder. He became involved with a family he had known since childhood and to cut a very long story short, this led to some unfortunate circumstances. He became involved with the father and son of this family who were heavily involved in drugs (who are now serving very lengthy prison sentences). My fiance became pretty dependent on cannabis during this time as a coping mechanism for his bipolar and was found in the possession of a small quantity of cannabis on two occassions. He also had a short-lived relationship with the daughter who was physcially abusive towards him. Everytime he tried to leave that situation she called the police and said he had hit her. It was a bad cycle which he is fortunately out of but from that bad patch of a couple of years has resulted in some relevant criminal convictions for the I-129F(the possession of cannabis, DWI and misdeamour assault on his ex-wife). It sound horrendous I know and my objection is not to minimise these types of convictions as I understand they are serious. However it is difficult to explain his past in a nutshell so publicly on a website so I just say for now that he has a complex past and has made huge mistakes but has been on the right track with his life for quite a few years now.

Anyway, I explain this because for the purpose of us considering options to be together and get married we too were really nervous about how this would effect our application and whether it would be more suitable to apply for the K1 or get married and go through the spousal visa route. I also looked into the option of adjusting from a tourist visa before I quickly realised it was a high risk option and illegal if you enter for the purposes of marrying and intending to stay (although you can enter on a tourist visa, get married, leave and wait out the spousal visa route from your home country).

From the research I have done I understand that the petitioner having certain criminal convictions (you can find the list of them on the I-129F form) means that there is legislation which places an obligation upon USCIS to be satsfied the beneficiary is aware of a petitioner's criminal past when granting a K1 visa to avoid potential abuse of foreign spouses who marry and move to the US without knowing about these convictions. Unless the convictions are so serious (certain sexual offences and offences against children that fall under the Adam Walsh Act) then the convictions of the petitioner by themselves do not make the petitoner ineligble for pursuing the K1 route, as long as they meet all the standard requirements. However as a result I will expect to be questioned in detail about my fiance's past when it comes to the interview stage. We have also gone to the courthouse together to get certified copies of his convictions which we sent with our application and I have a copy of them for myself. We are still really nervous that this will cause problems for our NOA2 or at the very least will result in delays. But we are almost four months into the waiting game so we shall just have to wait and see.

We didn't decide to go down the spousal visa route (CR-1) but I understand that the petitioner's criminal convictions do not need to be disclosed for the initial application (I-130). I am quite new to this website so I expect others who have chosen this route will be able to offer more comprehensive advice.

I think I am right in saying that you have not yet met your partner is that right? One of the requriements of the K1 visa is to have met in person at least once in the two years immediately prior to filing the initial application and you have to provide evidence of that. This may be more challenging if you are visiting him in prison so you would need to check the requirements of what examples of evidence you could provide. There are really good guides on this forum to explain each option and the pros and cons so you can weight up your options and choose what suits your situation best. Either way be prepared to wait and wait and wait! But I have seen many people ask the question about marrying and staying on a tourist visa and the advice from everyone on this website is don't do it. Its illegal if its planned and high risk.

Hope that helps.

[KazuriSana 324]

Anyway, I've been with my partner for 14 months.

Just wondering, because of the terminology used, is this a same sex relationship?

[tori92 0]

Hi, I am a UK beneficiary and I have a few similaries in my case but I am still in the beginning stages of the K1 process so I will offer what little advise I can for you and for the benefit of others with complicated circumstances I will set out some of the details of my case. I have known my fiance (USC) for 13 years. We dated whilst I was living in the US as a student and have been friends ever since I returned to the UK. He experienced some mental health issues when he was in his early 20's which resulted in a suicide attempt and after some time was eventually diagnosed with bipolar disorder. He became involved with a family he had known since childhood and to cut a very long story short, this led to some unfortunate circumstances. He became involved with the father and son of this family who were heavily involved in drugs (who are now serving very lengthy prison sentences). My fiance became pretty dependent on cannabis during this time as a coping mechanism for his bipolar and was found in the possession of a small quantity of cannabis on two occassions. He also had a short-lived relationship with the daughter who was physcially abusive towards him. Everytime he tried to leave that situation she called the police and said he had hit her. It was a bad cycle which he is fortunately out of but from that bad patch of a couple of years has resulted in some relevant criminal convictions for the I-129F(the possession of cannabis, DWI and misdeamour assault on his ex-wife). It sound horrendous I know and my objection is not to minimise these types of convictions as I understand they are serious. However it is difficult to explain his past in a nutshell so publicly on a website so I just say for now that he has a complex past and has made huge mistakes but has been on the right track with his life for quite a few years now.

Anyway, I explain this because for the purpose of us considering options to be together and get married we too were really nervous about how this would effect our application and whether it would be more suitable to apply for the K1 or get married and go through the spousal visa route. I also looked into the option of adjusting from a tourist visa before I quickly realised it was a high risk option and illegal if you enter for the purposes of marrying and intending to stay (although you can enter on a tourist visa, get married, leave and wait out the spousal visa route from your home country).

From the research I have done I understand that the petitioner having certain criminal convictions (you can find the list of them on the I-129F form) means that there is legislation which places an obligation upon USCIS to be satsfied the beneficiary is aware of a petitioner's criminal past when granting a K1 visa to avoid potential abuse of foreign spouses who marry and move to the US without knowing about these convictions. Unless the convictions are so serious (certain sexual offences and offences against children that fall under the Adam Walsh Act) then the convictions of the petitioner by themselves do not make the petitoner ineligble for pursuing the K1 route, as long as they meet all the standard requirements. However as a result I will expect to be questioned in detail about my fiance's past when it comes to the interview stage. We have also gone to the courthouse together to get certified copies of his convictions which we sent with our application and I have a copy of them for myself. We are still really nervous that this will cause problems for our NOA2 or at the very least will result in delays. But we are almost four months into the waiting game so we shall just have to wait and see.

We didn't decide to go down the spousal visa route (CR-1) but I understand that the petitioner's criminal convictions do not need to be disclosed for the initial application (I-130). I am quite new to this website so I expect others who have chosen this route will be able to offer more comprehensive advice.

I think I am right in saying that you have not yet met your partner is that right? One of the requriements of the K1 visa is to have met in person at least once in the two years immediately prior to filing the initial application and you have to provide evidence of that. This may be more challenging if you are visiting him in prison so you would need to check the requirements of what examples of evidence you could provide. There are really good guides on this forum to explain each option and the pros and cons so you can weight up your options and choose what suits your situation best. Either way be prepared to wait and wait and wait! But I have seen many people ask the question about marrying and staying on a tourist visa and the advice from everyone on this website is don't do it. Its illegal if its planned and high risk.

Hope that helps.

Thank you so much for your response. My partner Michael, has not been charged with anything like murder, rape, smuggling immigrants or anything scary! But he was charged with robbery, felony eluding (assault) and was wanted about a harrassment case but it was only for questioning. His ex is a complete psycho and has been messeging me on facebook with threats so I believe him when he says she was a bit different ha. I understand if I enter the country and marry through a tourist visa and marry, i have to return and apply for a spouse visa. Would this be easier due to his previous convictions or would i be better off going down the k1 route? (in your opinion) as all this is really new to me too. I should also note, i havent met him in person yet and we were going to do that in may 2013, he gets out in april. i could marry him on a tourist visa in may... but, if i were to file a fiance visa now, i'd have to make sure i get over there asap to meet him to confirm we've met in the past 2 years, its confusing!

Edited July 9, 2012 by tori92

[tori92 0]

Just wondering, because of the terminology used, is this a same sex relationship?

Nope he's a bloke lol