Tourist Visa Marriage

[alk624 0]

Anyone out there know how tricky it is to get married on a tourist visa? I have a friend who is a US Citizen has lived most of his life in mexico and met his giflfriend there. She is in the US on a tourist visa but they want to get married and live in the US. Should they get married in the US or in Mexico? What happens if they get married while she is on a tourist visa? Does this present any problems since they have met before? He still currently lives in Mexico, can he come here and they get married and then file for her AOS or should they get married in Mexico? I need advice. Help!!!

[A.J 0]

Hi where Does Your Fried Live in the USA? Im from New Mexico and we have a Catholic Charities, The lady is My case Worker and she Does alot Vias for Mexico. I would try to Find some One that do Vias and ask them. I dont know tourist visa works But All I could say is Find a Vias case worker.

[ValerieA 350]

Here is a guide for your friend to check out: AOS guide. You haven't given a lot of information about their situation, so they should do more research before making a final decision. Yes, it is possible to AOS from a tourist visa. Does your friend live in the US right now? If they do pursue this route, she can not leave the US until she has either AP (travel document, takes about 3 months) or her green card (takes 3-5 months, typically). If she needs to leave the US within that time to wrap up the threads of her life, they may be better off pursuing a CR-1 visa (get married, file, when her authorized stay is over, she returns to Mexico to wait for the visa).

[alk624 0]

Currently she is here on a tourist visa and He is a US citizen living in mexico. She plans to stay here for the 6 months that her tourist visa allows. He was going to come to the US and marry her and then go back to Mexico to prepare to move to the US. Does he need to be living in the US to file for the green card? What is the CR-1 ? Is that a better route to go in this situation? Would it be better for her to go to Mexico and for them to get married and then file for the green card from there ? Thanks for the help i appreciate any knowledge you can give me.

[Harpa Timsah 13,258]

It sounds like CR-1 is better for that situation. It doesn't matter where they marry.

[gstrength 20]

Anyone out there know how tricky it is to get married on a tourist visa? I have a friend who is a US Citizen has lived most of his life in mexico and met his giflfriend there. She is in the US on a tourist visa but they want to get married and live in the US. Should they get married in the US or in Mexico? What happens if they get married while she is on a tourist visa? Does this present any problems since they have met before? He still currently lives in Mexico, can he come here and they get married and then file for her AOS or should they get married in Mexico? I need advice. Help!!!

It should be fairly easy to get married while on a tourist visa,(it is allowed). As far as the AOS, it is not allowed to enter the country with the intention of getting married and, adjusting status with a visa not issued for that purpose (It could be construed as trying to circumvent immigration laws)If your friend lives in Mexico, he could try DCF.

[alk624 0]

They dont want to do anything the wrong way but since He(US Citizen) has lived in mexico most of his life and he doesnt live in the US....can he still file a VIsa for her ? Does he need to be living in the US to file an AOS, CR1 or DCF ? THanks!!

[vbbv8118 4]

DCF seems the way to go.

[ValerieA 350]

Currently she is here on a tourist visa and He is a US citizen living in mexico. She plans to stay here for the 6 months that her tourist visa allows. He was going to come to the US and marry her and then go back to Mexico to prepare to move to the US. Does he need to be living in the US to file for the green card? What is the CR-1 ? Is that a better route to go in this situation? Would it be better for her to go to Mexico and for them to get married and then file for the green card from there ? Thanks for the help i appreciate any knowledge you can give me.

Yeah, it is sounding like Direct Consular Filing is the way to go. It's specifically for those couples who both reside outside of the US, but wish to move here (obviously, one spouse must be a US citizen). He would definitely have to live here if she wanted to adjust status from her tourist visa, so that's out. Check into it, but getting married (wherever) and then filing the paperwork for DCF is likely their best scenario, she would have to return to Mexico for the interview and to await her visa. I don't know how long DCF is taking in Mexico these days, there should be a forum here for that somewhere.

ETA: Here is the guide for DCF: DCF Guide

Edited January 15, 2013 by ValerieA

[Dexter Martin 0]

Hi, I am the friend, thanks a lot for your help. I'm going to go with the DCF option, since it seems to be easier and faster according to our situation. I only have one more question: What exactly is a joint sponsor? Since we are not permanent residents in the US, it will be impossible for us to prove income taxes, bank accounts, and so on, but we do have someone that could be our financial support, is this what a joint sponsor is?

[gstrength 20]

Hi, I am the friend, thanks a lot for your help. I'm going to go with the DCF option, since it seems to be easier and faster according to our situation. I only have one more question: What exactly is a joint sponsor? Since we are not permanent residents in the US, it will be impossible for us to prove income taxes, bank accounts, and so on, but we do have someone that could be our financial support, is this what a joint sponsor is?

In order for you to sponsor someone, you must prove that you can financially support the intended immigrant. You do this by filling an I-864 "affidavit of support" form. If you cannot meet the provisions of the form, USCIS allows you to use a joint sponsor, which is someone who can meet the requirements of the form (125% above poverty line) and, is willing to sign the form and, be financially co-responsible for the intended immigrant. Please, consult the I-864 instructions so, you can understand the requirements (domicile, income tax filing, etc.) American citizens and LPR must file income tax on foreign earnings regardless of where they live. So, start filing back taxes.

Check the following link:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD