I want to marry my gf who's visiting USA on a tourist visa. Please help!

[snoopycr 0]

My gf is from costa rica.

we've been together for over 7yrs in costa rica. I recently moved back to the US last year.

she's been visiting the US a few times a year

this time when she arrived on Jun 10, customs only allowed her to stay 2 weeks. And told her she needs to stay out of the US for 6 months when she leaves on June 26th.

What is my best option and quickest process?

Get married now while she's visiting me on a tourist visa, and adjust her status

Get married in USA, when she leaves, get a K3 visa

Wait 6 months. When she visits again, get married during her visit and adjust her status

Please help!

[MacUK 983]

My gf is from costa rica.

we've been together for over 7yrs in costa rica. I recently moved back to the US last year.

she's been visiting the US a few times a year

this time when she arrived on Jun 10, customs only allowed her to stay 2 weeks. And told her she needs to stay out of the US for 6 months when she leaves on June 26th.

What is my best option and quickest process?

Get married now while she's visiting me on a tourist visa, and adjust her status

Get married in USA, when she leaves, get a K3 visa

Wait 6 months. When she visits again, get married during her visit and adjust her status

Please help!

If you're going to go down the status adjustment route you'll have to do it while she's in the US with you on THIS trip.

For her to go home for six months and then re-enter the US intending to adjust status is fraud.

[Hypnos 6,576]

The K-3 is tantamount to obsolete; even if you apply for one you are highly unlikely to get it.

Your third option, since you are planning it now, would be considered immigration fraud.

Adjusting now is probably the way to go; that or getting married and filing for a CR-1 if you are prepared to be apart for a time.

[snoopycr 0]

thank you for all you help.

So getting married while in the USA now and adjusting status is the best and quickest route?

Getting married now, and asking for a visa after she leaves is a longer process? She has less rights since she's outside the USA?

I have not asked her to marry me yet, not even sure if she will say yes. I just want to see what are my options.

[MacUK 983]

thank you for all you help.

So getting married while in the USA now and adjusting status is the best and quickest route?

Getting married now, and asking for a visa after she leaves is a longer process? She has less rights since she's outside the USA?

I have not asked her to marry me yet, not even sure if she will say yes. I just want to see what are my options.

As long as she's prepared that if you do AOS on this trip then she wont be able to go home for at least 3 months afterwards.

[Shauneg 762]

thank you for all you help.

So getting married while in the USA now and adjusting status is the best and quickest route?

Getting married now, and asking for a visa after she leaves is a longer process? She has less rights since she's outside the USA?

I have not asked her to marry me yet, not even sure if she will say yes. I just want to see what are my options.

Maybe you should worry about at least asking her first. Yes getting married and leaving she has no rights or obligations to rights, she isn't a citizen or green card holder, just married to a citizen.

[snoopycr 0]

If I marry my gf today while she's in the US with her tourist visa, can she come back to the US using her tourist visa after 6 months?

Will the gate agent know that we are married when she comes to the US?

What if I filed an AoS sometime in the future while she's visiting with a tourist visa. Will that be a problem?

what is better:

Marry my gf today, and filing an AoS since she's here.

Marry my gf today, she leaves for the US for 6 months. When she visits me again, convince her to stay and file an AoS?

[NikLR 13,220]

If I marry my gf today while she's in the US with her tourist visa, can she come back to the US using her tourist visa after 6 months?

Will the gate agent know that we are married when she comes to the US?

What if I filed an AoS sometime in the future while she's visiting with a tourist visa. Will that be a problem?

what is better:

Marry my gf today, and filing an AoS since she's here.

Marry my gf today, she leaves for the US for 6 months. When she visits me again, convince her to stay and file an AoS?

1) It's always up to the CBP. Without a doubt? I cannot answer that. Maybe? Yes. Most likely? I don't know? She may be asked to provide proof of her ties to her home country since she seems to be able to visit a lot.

2) Gate agent? I doubt it as they just take tickets. Will CBP? No but she should be truthful in her answers. For instance, whenever I visited the USA and was asked the purpose of my visit, I said "I'm visiting my husband." Sure I could say "vacation" but would that have been the real truth as I know it? No. The only reason for me to vacation was to visit my husband. I could have said it but I knew it could lead to more questions like, "where are you going? who are you visiting? What will you be doing?" So why not just state the entirety of the truth.

3) Yes, that is visa fraud. It is illegal to intend to use a tourist visa to immigrate. You do not file the AOS, she does. It is her status to adjust, not yours. You petition for her to be allowed to do so.

4) A is legal. B is not.

[VOL 425]

If she is her in USA with a Tourist Visa, I was under the impression that you can marry her and then legally have her stay here in USA with you while she adjust status.

[Darnell 8,478]

If you're going to go down the status adjustment route you'll have to do it while she's in the US with you on THIS trip.

For her to go home for six months and then re-enter the US intending to adjust status is fraud.

ya, *this trip* is the important bit.

Suggest she not leave until green card in hand.

Even if you two marry after the I-94 expiration date, then file for an adjustment of status,

the overstay is automagically forgiven by USCIS when the green card is issued.

[Darnell 8,478]

thank you for all you help.

1. So getting married while in the USA now and adjusting status is the best and quickest route?

2. Getting married now, and asking for a visa after she leaves is a longer process? She has less rights since she's outside the USA?

I have not asked her to marry me yet, not even sure if she will say yes. I just want to see what are my options.

1. yes

2. yes / yes

[NikLR 13,220]

If she is her in USA with a Tourist Visa, I was under the impression that you can marry her and then legally have her stay here in USA with you while she adjust status.

She can, this trip. She cannot leave and then come back intending to immigrate. The CBP would deny entry with the truth and lying is illegal.

[Darnell 8,478]

-=_this trip_=-

is very important label.

time, timing, scheduling and calendar all hinge around it.

logistics might be overwhelming, but it is what it is.

[Saffer 27]

If she has brought everything she needs to live in the US for the next x amount of months it is going to take to AOS then yes. Unfortunately most visitors aren't able to just stay and leave jobs and committments at home.

[soncrazed 1]

I know someone who did this maybe two years ago. They actually had a church wedding overseas, then traveled to the US, & had another US wedding & they must have changed everything once they got to the US for her to be on a spousal visa. I remember her posting a picture about it on FB with some government paper. It was also over 2 years ago, though.