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Kicho

planning on enter to USA and get merried with a tourist visa soon to be expired ( weeks)

By Kicho in Adjustment of Status from Work, Student, & Tourist Visas

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Kicho Newbie

Kicho   0

Posted
Filed: EB-1 Visa Country: Mexico
 Timeline
Posted

Hello.. I am a Mexican citizen and my GF is american, we were talking about getting engaged and looking for options and we were considering the fíence visa or adjust of status. . But I just realized that my visa is expiring in 3 weeks more and I am back in Mexico. .

Because in Mexico I have been unemployed for a year and my last works paid me under the water I am kinda afraid that I may get rejected if I renew my turist visa which would keep us apart for for a while.

So I was wondering if I can get into Usa while my turist visa still works and get married before (or after it expires).

how long it would take:

-to come back to mexico

-to be able to work in USA

-to get my greencard

Extra information:
We have been dating for 3 years and got evidence, we spent 1 year in Mexico and I have spent around a year and half in USA with multiple entries and never stayed more that the time the officer at the border gave me ( I never overs stayed).

She is student at her 2nd year of graduate school with with a TA assistant job, and loans and scholarships which cover our basic needs.

I open a debit card account around a year ago (people at the bank said it would be no problem with migration) but I didn't do the taxes.. ( my family didn't open the mail so when I did it was too late).

I don't have any criminal record or anything bad.

She lives in California.

So would be risky get married on my turist visa ?

Thank you!!

3rd Collaborator

3rd   84

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You can't enter the US on a tourist visa with intent to get married, it's immigration fraud.

AOS

09/02/2015 - Enter United States @ Raleigh Durham International Airport, NC under VWP

14/02/2015 - Fly to San Francisco, CA

09/05/2015 - I-94 Expires

22/05/2015 - Civil Surgeon Medical Examination

28/05/2015 - Received Sealed Envelope

04/07/2015 - Married in Vegas

14/08/2015 - Sent I-130, I-485, I-765 & I-131 to Chicago Lockbox

21/08/2015 - Emails/Texts of Acceptance for I-130, I-485, I-765 & I-131

24/08/2015 - I-130 & I-485 Cheques Cashed

27/08/2015 - Paper NOA1 Received

14/09/2015 - Biometrics Letter Received

23/09/2015 - Biometrics Complete

17/10/2015 - EAD/AP Card Produced

21/10/2015 - EAD/AP Card Mailed

24/10/2015 - EAD/AP Card Delivered

31/10/2015 - Received SSN

06/02/2016 - Interview Notice Delivered by Post

09/03/2016 - Interview

09/03/2016 - Approved at Interview + Card Ordered

14/03/2016 - Green Card Mailed

16/03/2016 - Green Card Received

ROC

05/02/2018 - Sent I-751 to California Service Centre

07/02/2018 - I-751 Received

09/02/2018 - Extension Letter Arrived in Post

12/05/2018 - Biometrics Reused Letter

18/08/2018 - 18 Months Extension Letter

19/04/2019 - 1-751 Approved + Card Produced

Naturalisation

09/12/2018 - Sent N-400 Application Online

14/12/2018 - Received Paper NOA1

02/01/2019 - Biometrics Scheduled

06/02/2019 - Biometrics Rescheduled

usmsbow Proficient

usmsbow   803

Posted
Filed: Citizen (apr) Country: Indonesia
 Timeline
Posted

Immigration fraud if you're not currently here

You can't enter the US on a tourist visa with intent to get married, it's immigration fraud.

It is not fraud to enter the USA via a tourist visa and get married. It is fraud to enter the USA with the intent to marry AND stay. No fraud if the OP were to get married, return to Mexico, then apply for a marriage visa.

OP- just go the K-1 route if you intend to marry your GF. It's pretty quick at the moment and pretty straight forward.

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

3rd Collaborator

3rd   84

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

It is not fraud to enter the USA via a tourist visa and get married. It is fraud to enter the USA with the intent to marry AND stay. No fraud if the OP were to get married, return to Mexico, then apply for a marriage visa.

OP- just go the K-1 route if you intend to marry your GF. It's pretty quick at the moment and pretty straight forward.

I know it's not illegal to get married on a tourist visa, it was only as the OP had mentioned adjusting status so the process seemed pretty much that they'd marry and adjust status straight after. Which is illegal if there was intent before it happening.

They have two options, the K-1 route and getting married once that visa is approved or getting married in the US and filing for a CR-1 once back in Mexico.

AOS

09/02/2015 - Enter United States @ Raleigh Durham International Airport, NC under VWP

14/02/2015 - Fly to San Francisco, CA

09/05/2015 - I-94 Expires

22/05/2015 - Civil Surgeon Medical Examination

28/05/2015 - Received Sealed Envelope

04/07/2015 - Married in Vegas

14/08/2015 - Sent I-130, I-485, I-765 & I-131 to Chicago Lockbox

21/08/2015 - Emails/Texts of Acceptance for I-130, I-485, I-765 & I-131

24/08/2015 - I-130 & I-485 Cheques Cashed

27/08/2015 - Paper NOA1 Received

14/09/2015 - Biometrics Letter Received

23/09/2015 - Biometrics Complete

17/10/2015 - EAD/AP Card Produced

21/10/2015 - EAD/AP Card Mailed

24/10/2015 - EAD/AP Card Delivered

31/10/2015 - Received SSN

06/02/2016 - Interview Notice Delivered by Post

09/03/2016 - Interview

09/03/2016 - Approved at Interview + Card Ordered

14/03/2016 - Green Card Mailed

16/03/2016 - Green Card Received

ROC

05/02/2018 - Sent I-751 to California Service Centre

07/02/2018 - I-751 Received

09/02/2018 - Extension Letter Arrived in Post

12/05/2018 - Biometrics Reused Letter

18/08/2018 - 18 Months Extension Letter

19/04/2019 - 1-751 Approved + Card Produced

Naturalisation

09/12/2018 - Sent N-400 Application Online

14/12/2018 - Received Paper NOA1

02/01/2019 - Biometrics Scheduled

06/02/2019 - Biometrics Rescheduled

Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted

I know it's not illegal to get married on a tourist visa, it was only as the OP had mentioned adjusting status so the process seemed pretty much that they'd marry and adjust status straight after. Which is illegal if there was intent before it happening.

My point exactly

They have two options, the K-1 route and getting married once that visa is approved or getting married in the US and filing for a CR-1 once back in Mexico.

 
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