Marrying on a tourist visa

[abbys 0]

I lived the last two years in Spain and met my boyfriend while living there. When I moved home this summer, he came with me on a tourist visa with ESTA. Since then, we have decided that we would like to get married and have him stay instead of returning to Spain without me (NOT our original plan). We have been reading high and low and are still terribly confused.

We have a variety of questions...he needs to leave by October 10th (16th if we change his flight), so there is a bit of a time crunch.

• What form do we need? We assume it would be marrying a US citizen while we both reside here, but he's only here as a tourist. Does that still count as "residing"?

• We turned in our marriage application today, but now we're worrying that there isn't enough time before we receive the certificate after the ceremony. Is it necessary to turn in our official marriage certificate that they return when we send in our forms? They said it will take about 2-3 weeks for it to be returned. We don't know if we need to turn the legal one they will send us or if our copies will do.

• I am not currently employed so I won't be able to sponsor him. We have asked my mom to do it; what exactly are the legalities that will follow her? Financial support for 10 years if necessary?

• When do we do the fingerprints? We have read that they contact you, but in other places it says that you make an appointment.

• And finally, if we do get married but aren't able to complete the paperwork before he has to leave, will we have legal problems or will we just need to continue working on turning it in while he is there and I am here?

Thank you so much in advance-I am exhausted trying to work through it all, especially since the more I read, the more confused I become!

[p-ana 933]

Follow this guide http://www.visajourney.com/content/i130guide2

The sponsor responsibilities can be found in the i864 form and its instructions. Check on us is.gov for the form and more info on that

Good luck

[Ontarkie 13,902]

~~Moved to AOS from Work, Student and Tourist Visas, from IR1/CR1 P&P - As the OP is in the US and their plans have changed~~

[Ash.1101 1,755]

I lived the last two years in Spain and met my boyfriend while living there. When I moved home this summer, he came with me on a tourist visa with ESTA. Since then, we have decided that we would like to get married and have him stay instead of returning to Spain without me (NOT our original plan). We have been reading high and low and are still terribly confused.

We have a variety of questions...he needs to leave by October 10th (16th if we change his flight), so there is a bit of a time crunch.

• What form do we need? We assume it would be marrying a US citizen while we both reside here, but he's only here as a tourist. Does that still count as "residing"?

• We turned in our marriage application today, but now we're worrying that there isn't enough time before we receive the certificate after the ceremony. Is it necessary to turn in our official marriage certificate that they return when we send in our forms? They said it will take about 2-3 weeks for it to be returned. We don't know if we need to turn the legal one they will send us or if our copies will do.

• I am not currently employed so I won't be able to sponsor him. We have asked my mom to do it; what exactly are the legalities that will follow her? Financial support for 10 years if necessary?

• When do we do the fingerprints? We have read that they contact you, but in other places it says that you make an appointment.

• And finally, if we do get married but aren't able to complete the paperwork before he has to leave, will we have legal problems or will we just need to continue working on turning it in while he is there and I am here?

Thank you so much in advance-I am exhausted trying to work through it all, especially since the more I read, the more confused I become!

If your goal is to adjust status while he's here, then yes you are going to use this guide: http://www.visajourney.com/content/i130guide2

If you're worried about time to get a copy of the certificate, ask the officiant if you can take the copy to the courthouse/county records office yourself. This will cut down on mail time and NORMALLY will allow you to have a copy of your marriage license after it's been registered with the county the same day you turn it in. We were married on Saturday, took the signed marriage cert to the court house on Monday and had a copy of it for AOS within 20 minutes.

Yes, proving your married (a copy of the marriage cert) is a requirement, there is more than just a form. This is what is listed on the link above, the guide for how to adjust status while in the US from a tourist/or other visa.

• 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees.
• 2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
• 3. Form I-130: Petition for Alien Relative
• 4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.
• 5. A copy of petitioner's proof of naturalization. (If applicable)
• 6. A copy of petitioner's proof of permanent residency. (If applicable)
• 7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English
• ) 8. A certified copy of your certified marriage certificate (again, translated if not in Engligh)
• 9. A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before)
• 10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)
• 11. G-325A filled out by the US Citizen, signed and dated.
• 12. One passport-type photo (see specification) of the US Citizen. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
• 13. G-325A filled out by the foreign spouse signed and dated.
• 14. One passport-type photo (see specification) of the foreign spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
• 15. Evidence of a bonafide marriage (see note below for what to include)

Yes, your mom will be on the hook for the length of the GC or until he is naturalized.

They will send you an appointment letter and make the appointment for you in MOST cases.

If your soon-to-be husband leaves the country AFTER you have submitted the AOS application, then you have forfeited the application. You would then need to proceed with the CR-1 visa application, as to continue with the AOS application BOTH parties need to be present in the US. If you are planning to do the route where you apply while he's in the US, do not let him leave. Yes, he may fall out of status, but having him leave will have you restart the process all over again. Being out of status for a week or two in this case could be better financially and headache wise than having him leave and apply for a Spousal Visa.

Edited September 23, 2016 by Ash.1101

[KierenHby 897]

I lived the last two years in Spain and met my boyfriend while living there. When I moved home this summer, he came with me on a tourist visa with ESTA.

Thank you so much in advance-I am exhausted trying to work through it all, especially since the more I read, the more confused I become!

Distinction, tourist visa or ESTA.

[abbys 0]

He's here on ESTA- I don't exactly understand the difference, sorry

[KierenHby 897]

ESTA -no visa required, ie visa requirement waived for <90-day stay. Tourist visa -B2 visa must be obtained from US embassy prior to travel.

[abbys 0]

Hi,

We are currently working to fill out the G-325A form that calls for the alien registration number. I have read that for fiances, the alien registration number listed on their form. Our problem is that we are going to marry without having the K-1 first. How/where do we do this?

Thanks!

Also curious about the File Number

[Scandi 3,970]

You're going for a K-1 visa? You can't marry before you get the visa then (well you can, but you have to cancel the i-129f petition/K-1 then and go for a spousal visa instead).

You get the alien registration number once you receive your NOA2. So if the beneficiary doesn't have an alien registration number from before, he/she puts "none" on that question on form g-325a when you file for the i-129f petition.

Edited September 24, 2016 by Scandi

[afortunada 182]

Hi,

We are currently working to fill out the G-325A form that calls for the alien registration number. I have read that for fiances, the alien registration number listed on their form. Our problem is that we are going to marry without having the K-1 first. How/where do we do this?

Thanks!

Also curious about the File Number

Which visa are you apply for? Are you engaged and filing for K-1, or are you planning to marry and then filing CR-1? You can not marry and then file K-1.

[abbys 0]

Sorry, I wasn't clear. We are not engaged, we are skipping that step. He is here on the Waiver Program and are getting married without the K-1.

So we put "None" for the number since we haven't received one?

[B&Z 201]

Sorry, I wasn't clear. We are not engaged, we are skipping that step. He is here on the Waiver Program and are getting married without the K-1.

So we put "None" for the number since we haven't received one?

So you're not married yet but you're preparing the forms and intend to file after you get married, right? You'll be filing I-130 + I-485 (and maybe I-765 and I-131, too)?

They will assign an alien number after they receive the petition, if the person doesn't already have an alien number assigned to them from before. File number and A number are the same thing on the G-325A. Just leave it blank.

Edited September 25, 2016 by B&Z

[Ryan H 3,790]

~~~Posts merged with existing thread.~~~

Hi,

We are currently working to fill out the G-325A form that calls for the alien registration number. I have read that for fiances, the alien registration number listed on their form. Our problem is that we are going to marry without having the K-1 first. How/where do we do this?

Thanks!

Also curious about the File Number

You're going for a K-1 visa? You can't marry before you get the visa then (well you can, but you have to cancel the i-129f petition/K-1 then and go for a spousal visa instead).

You get the alien registration number once you receive your NOA2. So if the beneficiary doesn't have an alien registration number from before, he/she puts "none" on that question on form g-325a when you file for the i-129f petition.

Which visa are you apply for? Are you engaged and filing for K-1, or are you planning to marry and then filing CR-1? You can not marry and then file K-1.

Sorry, I wasn't clear. We are not engaged, we are skipping that step. He is here on the Waiver Program and are getting married without the K-1.

So we put "None" for the number since we haven't received one?

So you're not married yet but you're preparing the forms and intend to file after you get married, right? You'll be filing I-130 + I-485 (and maybe I-765 and I-131, too)?

They will assign an alien number after they receive the petition, if the person doesn't already have an alien number assigned to them from before. File number and A number are the same thing on the G-325A. Just leave it blank.

[michaelareay 0]

Hi,

Did you get a definitive answer on this?

I am here on an Esta from the UK, have gotten married and now would like to apply to change my status. I'm so confused as to what forms I have to complete?

Also, my 180 runs out on 22nd October, so how do I stay after this point?

Any advice would be greatly appreciated!

Thanks, Michaela

180 days I should have said!

[abbys 0]

Hi,

Did you get a definitive answer on this?

I am here on an Esta from the UK, have gotten married and now would like to apply to change my status. I'm so confused as to what forms I have to complete?

Also, my 180 runs out on 22nd October, so how do I stay after this point?

Any advice would be greatly appreciated!

Thanks, Michaela

180 days I should have said!