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[SouthernLatvia 0]

I met a wonderful Latvian lady, who studies American Literature. We have been to Paris and she has been here in the US during the summer. Our friendship grew and our relationship slowly became romantic. I visited her country in Latvia for the new year. She is here now on her B1/B2 visa on vacation and planning to advance her teaching English in Latvia.

I slowly fellin love with her and wanted to spend my life with her. I propose to her in a romantic place in the mountains and asked her hand in marrage. To my warming heart, she said yes. We were both married at one time,she devorced for many years and my wife passed away two years ago.

Our question is what we need to do next to marry and what to do with immigration for her to live and work in America. Thank you for your time and comments and hope to hear them soon. SouthernLatvia

[JanaknJanet 1]

Marriage/adjustment in USA

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

Key part to this option is.. .. IF SHE ENTERED in the USA with NO INTENTIONS ... and you decided to marry she can remain while she is awaiting the adjustment.

If SHE CAME HERE WITH INTENT on marriage... you can still marry her here but she will need to return to her country and await the process of a K3.

or

she return to her country with no marriage and you file a K1.

Looks to me that if you wish her to remain here... there was no intent on marriage.. and you could marry here here and file the adjustment..

I am no lawyer.. only me.. so just information I have gleened while here on VJ..

You may wish to do a search on Information on marriage on tourist visa.. .. many different people have asked similar questions.. it may be beneficial... some of them are located in the Adjustment of status thread...

Best of luck.. and congratulations to you both

[Killer_Clown_2009 0]

You can go check out the Guides section at the top. There are several ways to go about this, as outlined above.

So, really you should go check out the options and pick the best one for your situation.

Edited January 27, 2007 by jane2005

[Magnolia31 0]

Marriage/adjustment in USA

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

Key part to this option is.. .. IF SHE ENTERED in the USA with NO INTENTIONS ... and you decided to marry she can remain while she is awaiting the adjustment.

If SHE CAME HERE WITH INTENT on marriage... you can still marry her here but she will need to return to her country and await the process of a K3.

or

she return to her country with no marriage and you file a K1.

Looks to me that if you wish her to remain here... there was no intent on marriage.. and you could marry here here and file the adjustment..

I am no lawyer.. only me.. so just information I have gleened while here on VJ..

You may wish to do a search on Information on marriage on tourist visa.. .. many different people have asked similar questions.. it may be beneficial... some of them are located in the Adjustment of status thread...

Best of luck.. and congratulations to you both

Hello! :-)

Just a question - how do you prove that there was no intent to marry ... and how do they prove that you did indeed have intent to marry?

[Kathryn41 3,205]

A lot will also depend on her personal situation back in Latvia. If she is willing and able to stay in the US without returning home to Latvia and take care of tying up her loose ends back home through long distance, then she can apply to adjust status here in the US - see the guides above for the steps involved. If she needs/wants to return home then you can apply for a K-3 visa - which will allow her to re-enter the US and then apply to adjust status at that time from within the US, or a CR-1/IR-I which means she waits outside of the US for the approval of her green card and then moves to the US. There are pros and cons for all of these routes and you two are the only ones who know which will fit your circumstances. Read the various guides here and at www.uscis.gov about sponsoring a family member to immigrate to the US, then the two of you can decide how best to proceed. Good luck with your journey - and congratulations on your marriage.

[aussiewench 9]

Marriage/adjustment in USA

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

Key part to this option is.. .. IF SHE ENTERED in the USA with NO INTENTIONS ... and you decided to marry she can remain while she is awaiting the adjustment.

If SHE CAME HERE WITH INTENT on marriage... you can still marry her here but she will need to return to her country and await the process of a K3.

or

she return to her country with no marriage and you file a K1.

Looks to me that if you wish her to remain here... there was no intent on marriage.. and you could marry here here and file the adjustment..

I am no lawyer.. only me.. so just information I have gleened while here on VJ..

You may wish to do a search on Information on marriage on tourist visa.. .. many different people have asked similar questions.. it may be beneficial... some of them are located in the Adjustment of status thread...

Best of luck.. and congratulations to you both

Hello! :-)

Just a question - how do you prove that there was no intent to marry ... and how do they prove that you did indeed have intent to marry?

Intent to get married has nothing to do with it. Immigration intent does. There is a difference. Even having intent to marry on entry and then changing ones mind as circumstances change, one can apply to adjust status in the US after marriage to a USC. Many on here including myself had intent to marry on entry. Nothing wrong with that. Some return to their home country and apply for a visa, others circumstances change and they apply to adjust status.

[JanaknJanet 1]

My Bad for not clarifying intent.. I was meaning If she had NO INTENTION on immigrating at the time of entry. As far as how do you prove it.?? that is in the eye of the people who interview you during the process.

You may wish to read a few of the other threads on this topic..

Marriage on a tourist visa

Tourist Visa Marriage

[Catica 1]

From the way I read it, I dont think they are married yet.