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chiletousa

What's stopping us from getting married on a tourist visa?

By chiletousa in What Visa Do I Need - Family Based Immigration

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GabiMatch Enthusiast

GabiMatch   161

Posted
Filed: Lift. Cond. (pnd) Country: Brazil
 Timeline
Posted

I entered US multiple times on a Tourist Visa for the last 5 years visiting my now husband and of course I never over stayed my visa...My last arrival in US was in September 2016 also under my tourist visa.

My plan was to stay until his birthday in November and go back to get ready for his trip to Brazil where we would get married in the end of January...the problem is that things went in to a completely different direction when we got the opportunity to buy our dream home...we had to decide if we would pay for the bigger wedding in Brazil or just a low profile wedding here and a home to call ours. We got the keys of the house in December, moved in January and got married in February. I was super insecure about marrying on a tourist visa and doing AOS, but it wasn't planed ahead. In your case you're already thinking about getting married on a tourist visa before he even arrive...not a good idea!

Apply for a Spouse Visa after getting married in Chile or get K-1 and just enjoy your husband over here wile you wait for AOS.

Good luck!!!

02/14/2012 - Meet in person for the first time after talking online for over a year! :wub:

04/11/2012 - His first Visit to Brazil!!! (He was there twice).

09/12/2012 - Trip together to Cancun.

09/18/2012 - My First arrival/visit to United States (I visited about 4 to 6 times until my last arrival)

09/27/2016 - Last Arrival on B1/B2 Visa

02/01/2017 - MARRIED!!!

05/28/2017 - Package Sent

05/30/2017 - Package delivered 

06/09/2017 - Package returned (outdated I-130)

06/12/2017 - New package sent

06/14/2017 - New Package delivered

06/20/2017 - Check cashed

06/21/2017 - e-mails and texts received

06/24/2017 - Notice of action (Acceptance letter) received in the mail.

06/30/2017 - Biometrics appointment received in mail.

07/03/2017 - Biometrics done! (it was a successful walk in, my appointment was 07/10)

09/02/2017 - Service Request for EAD.

09/25/2017 - Call to tier 2 after no update on SR.

09/25/2017 - New Card Is Being Produced!!! (YAY)

09/30/2017 - EAD in hands!!!

04/08/2018 - Online Status Changed! - Interview Scheduled!!!

04/11/2018 - Inteview letter on the mail!

05/11/2018 - Interview at West Palm Beach field Office - Approved on spot!!!

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Boiler Grand Master

Boiler   43,392

Posted
Filed: K-1 Visa Country: Wales
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Posted
9 minutes ago, GabiMatch said:

I entered US multiple times on a Tourist Visa for the last 5 years visiting my now husband and of course I never over stayed my visa...My last arrival in US was in September 2016 also under my tourist visa.

My plan was to stay until his birthday in November and go back to get ready for his trip to Brazil where we would get married in the end of January...the problem is that things went in to a completely different direction when we got the opportunity to buy our dream home...we had to decide if we would pay for the bigger wedding in Brazil or just a low profile wedding here and a home to call ours. We got the keys of the house in December, moved in January and got married in February. I was super insecure about marrying on a tourist visa and doing AOS, but it wasn't planed ahead. In your case you're already thinking about getting married on a tourist visa before he even arrive...not a good idea!

Apply for a Spouse Visa after getting married in Chile or get K-1 and just enjoy your husband over here wile you wait for AOS.

Good luck!!!

Were you asked when adjusting about your entry as a tourist?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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GabiMatch Enthusiast

GabiMatch   161

Posted
Filed: Lift. Cond. (pnd) Country: Brazil
 Timeline
Posted
Just now, Boiler said:

Were you asked when adjusting about your entry as a tourist?

I'm still waiting for interview...but I'm sure that they will ask me about it!

;)

02/14/2012 - Meet in person for the first time after talking online for over a year! :wub:

04/11/2012 - His first Visit to Brazil!!! (He was there twice).

09/12/2012 - Trip together to Cancun.

09/18/2012 - My First arrival/visit to United States (I visited about 4 to 6 times until my last arrival)

09/27/2016 - Last Arrival on B1/B2 Visa

02/01/2017 - MARRIED!!!

05/28/2017 - Package Sent

05/30/2017 - Package delivered 

06/09/2017 - Package returned (outdated I-130)

06/12/2017 - New package sent

06/14/2017 - New Package delivered

06/20/2017 - Check cashed

06/21/2017 - e-mails and texts received

06/24/2017 - Notice of action (Acceptance letter) received in the mail.

06/30/2017 - Biometrics appointment received in mail.

07/03/2017 - Biometrics done! (it was a successful walk in, my appointment was 07/10)

09/02/2017 - Service Request for EAD.

09/25/2017 - Call to tier 2 after no update on SR.

09/25/2017 - New Card Is Being Produced!!! (YAY)

09/30/2017 - EAD in hands!!!

04/08/2018 - Online Status Changed! - Interview Scheduled!!!

04/11/2018 - Inteview letter on the mail!

05/11/2018 - Interview at West Palm Beach field Office - Approved on spot!!!

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Boiler Grand Master

Boiler   43,392

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Possible, certainly not normal or relevant.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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monica7777 Explorer

monica7777   40

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted
19 hours ago, chiletousa said:

My fiancee lives in Chile, and we will be getting married next July. I was under the impression we'd have to file for K1, but then a US customs agent at an airport said it was easier to just have him come on a regular tourist visa (without mentioning our intention of getting married), get married, and then file for an adjustment of status. He claims we'll spend less money. Has anyone does this? What are the pros/cons? Any advice/experience is appreciated!

Believe or not I have heard about this option from many people, including immigration lawyers and have seen it work for some. However in this day and age, it is probably more risky than it has been for others in the past. I would suggest you go through the safe route and apply for the K-1 visa. Otherwise if you enter with a tourist visa and get married, it could be seen as visa fraud. This would be dependent on the officer who reviews your case and he may overlook this, but he/she maybe not. It's probably best not to take that risk.

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discoverusa Collaborator

discoverusa   229

Posted
Filed: Citizen (apr) Timeline
Posted
18 minutes ago, monica7777 said:

Believe or not I have heard about this option from many people, including immigration lawyers and have seen it work for some. However in this day and age, it is probably more risky than it has been for others in the past. I would suggest you go through the safe route and apply for the K-1 visa. Otherwise if you enter with a tourist visa and get married, it could be seen as visa fraud. This would be dependent on the officer who reviews your case and he may overlook this, but he/she maybe not. It's probably best not to take that risk.

Being able to adjust from a tourist visa is not an oversight of immigration officer. It is a legal way to obtain permanent residency. Provided the intent to adjust was not established at POE. Would I recommend it? No, I would not. But it has been done.

4/12/13 - sent I-485 package

4/15/13 - USCIS Chicago Lockbox received package

4/22/13 - got email and txt

4/29/13 - received NOA in mail

5/08/13 - received biometrics appointment for 5/22

5/09/13 - successful early walk in at Port Chester, NY office

5/22/13 - I-485 updated to Testing & Interview

6/18/13 - EAD went to production

6/21/13 - Card/Document Production for EAD - second email

6/24/13 - EAD mailed

6/26/13 - EAD arrived

7/18/13 - got email about interview

7/20/13 - got hard copy interview letter

08/23/13 - interview - Approved dancin5hr.gif(card production & decision email)

08/28/13 - card production - second email

08/29/13 - card mailed

09/03/13 - card arrived

*********************************************************************************

05/27/2016 - N-400 mailed

06/02/2016 - NOA date

06/24/2016 - biometrics appointment

11/28/2016 - interview scheduled for January 9th, 2017

01/09/2017 - interview passed

01/20/2017 - Oath Ceremony

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Boiler Grand Master

Boiler   43,392

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

VJ has a specific forum for people adjusting from a non immigrant visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   39,181

Posted
Filed: Citizen (apr) Country: Taiwan
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Posted

Take a look at this.  Serious consequences are in store for those who are suspected of visa fraud..

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Penguin_ie Grand Master

Penguin_ie   5,984

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

***** It is illegal and visa fraud to use a tourist visa to enter the USA with the intention of immigrating. This can lead to a lifetime ban from the USA.  As OP has received the correct legal advice, this thread is now closed. *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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