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azelle

is it possible to get married in the US under a tourist visa?

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Me and my bf's been together for more than 3years now. Im currently in the US on a tourist visa. Stayed here over a year now due to a pending application. Unfortunately, I got denied and now our last option is to get married so we can be together permanently. Is that possible?

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Your profile says you filed for a K1 - is that the case?

What "pending application" did you have that got denied?

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Filed: K-1 Visa Country: Ukraine
Timeline

My coworker just went through this...sort of. His , now wife, had a tourist visa before she met him. She met him while she was over here. She went back to her country and came back over again. Her reasoning to get in was to say shes visiting her "friend". She came and they got married. They filed the AOS paperwork. They got to the interview and USCIS chewed her a new ####### for violating her visa. USCIS reasoning was saying that people who do their paperwork correctly and have to wait to get into the US, you basically bypassed all that and jumped to the front of the line. The case went onto further review (took less than a week) and they were approved. I IN NO WAY AM TELLING YOU TO DO THIS! This is only an experience of my coworker. If she hadn't of left and came back they would have found her guilty of visa fraud. Her leaving proved she didn't have intentions of committing visa fraud because if she was trying to commit fraud she would have stayed and got married the first time they met. You need to have your eggs in a basket before you decide anything. If you did a k1, got denied for any reason, whatever whatever and then got a tourist visa and get married...I'm sorry but if I was an USCIS officer I'd deny you.

Edited by Mike Bowman
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My coworker just went through this...sort of. His , now wife, had a tourist visa before she met him. She met him while she was over here. She went back to her country and came back over again. Her reasoning to get in was to say shes visiting her "friend". She came and they got married. They filed the AOS paperwork. They got to the interview and USCIS chewed her a new ####### for violating her visa. USCIS reasoning was saying that people who do their paperwork correctly and have to wait to get into the US, you basically bypassed all that and jumped to the front of the line. The case went onto further review (took less than a week) and they were approved. I IN NO WAY AM TELLING YOU TO DO THIS! This is only an experience of my coworker. If she hadn't of left and came back they would have found her guilty of visa fraud. Her leaving proved she didn't have intentions of committing visa fraud because if she was trying to commit fraud she would have stayed and got married the first time they met. You need to have your eggs in a basket before you decide anything. If you did a k1, got denied for any reason, whatever whatever and then got a tourist visa and get married...I'm sorry but if I was an USCIS officer I'd deny you.

Sounds like that case the person wasn't in the US out-of-status though? The OP sounds like they entered the US on a tourist visa a year ago, with a pending I-129f petition, and are still here when they should have left whenever the stamp in the passport said to leave by - definitely going to be out of status by now.

OP - can you confirm what you petitioned for and why you were denied? Can you also confirm when you entered the US and when your stay expired?

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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