Marriage in Tourist Visa

[Kidayi 15]

Hello VJmembers! I hope everyone is well and safe!

I'm posting this in regards for a friend who is not in this platform. 

They are planning on getting married (when everything opens up) in the US. They will be on a tourist visa and their spouse to be is a US citizen. What steps should they take from there after getting married.

Can the US citizen automatically apply to adjust their status. Or do they have to go back to their homeland and apply for the i30 and wait for approval. Any help would be greatly appreciate. 

 

 

[NancyNguyen 1,657]

Yes he/she can get married and return to original country to wait for interview. If he/she is coming to get married and AOS on a tourist visa, it is immigration fraud.

[Hamidparis 29]

Hi, I don't think you can ajust a status within the US, I did the same thing and had to apply from France and waited all the processing time before getting my GC and then apply for citizenship. 

 

If they get married in the US the spouse need to go back to his country and apply for a visa then. 

 

Regards

[Lil bear 3,831]

14 minutes ago, Kidayi said:

Hello VJmembers! I hope everyone is well and safe!

I'm posting this in regards for a friend who is not in this platform. 

They are planning on getting married (when everything opens up) in the US. They will be on a tourist visa and their spouse to be is a US citizen. What steps should they take from there after getting married.

Can the US citizen automatically apply to adjust their status. Or do they have to go back to their homeland and apply for the i30 and wait for approval. Any help would be greatly appreciate. 

 

 

Entering the US using a tourist visa with the intention of staying and adjusting status after getting married during that visit is visa fraud. Enter and marry , yes.. then return to home country while the  I130 and CR1 process is being completed 

Edited June 2, 2020 by Lil bear

[Hawksquill 151]

16 minutes ago, Kidayi said:

They will be on a tourist visa

 

 

So they're not currently in the US? If they haven't entered yet and are planning to enter on a tourist visa, get married, and adjust status, that's fraud.  There's a grey area for people who enter on a tourist visa and spontaneously decide to get married while they're here, but it sounds like your friend doesn't fit that category.

 

To do this lawfully they would need to enter, get married, leave, and apply for I-130, or wait to get married and apply for K1.

 

Edited June 2, 2020 by Hawksquill

[Kidayi 15]

Thanks for all the replies guys! 

[JeanneAdil 6,201]

is the person also from Algeria?

Chances of a man or woman from Algeria with a fiancee in the US (and they would be asked who they are going to visit) are slim

Takes a lot to convince the CO that a person has a job (or going for a degree), has the needed funds to support themselves and travel, owns property in their homeland and will return to it after the visit

[SusieQQQ 11,584]

If you want to get married in the US and then stay, apply for a K1 visa.

[bobjennyhitched 99]

Why aren't they applying for a K1? Just curious

[Kidayi 15]

21 hours ago, JeanneAdil said:

is the person also from Algeria?

Chances of a man or woman from Algeria with a fiancee in the US (and they would be asked who they are going to visit) are slim

Takes a lot to convince the CO that a person has a job (or going for a degree), has the needed funds to support themselves and travel, owns property in their homeland and will return to it after the visit

No. They're not from Algeria. They're from Turkey. 

1 hour ago, jennywhite421 said:

Why aren't they applying for a K1? Just curious

LOL Idk. I recommend tht too. 

[JeanneAdil 6,201]

22 hours ago, Kidayi said:

No. They're not from Algeria. They're from Turkey. 

LOL Idk. I recommend tht too. 

Same for Turkey

it will be hard to get the tourist visa to visit a fiancee

[bobjennyhitched 99]

I think the problem may be that trying to get an AOS on a tourist visa through marriage can be seen as fraud (not saying it will but it may look like that to the US immigration). I recommend a K1 or get married in their home country and get a CR1. 

I emigrated on the latter visa.

If they see it as fraud then your fiance may be barred from the US. I just want you to be cautious that's all.

[Kidayi 15]

On 6/4/2020 at 11:36 AM, jennywhite421 said:

I think the problem may be that trying to get an AOS on a tourist visa through marriage can be seen as fraud (not saying it will but it may look like that to the US immigration). I recommend a K1 or get married in their home country and get a CR1. 

I emigrated on the latter visa.

If they see it as fraud then your fiance may be barred from the US. I just want you to be cautious that's all.

I thought so as well. Which is why I recommend them to them the K-1 process or get married and then file for i130 and wait for approval. I just wanted to see if the method they are thinking of would be accepted but I had a feeling it wouldn't. Otherwise it would be done more often. 

[bobjennyhitched 99]

16 hours ago, Kidayi said:

I thought so as well. Which is why I recommend them to them the K-1 process or get married and then file for i130 and wait for approval. I just wanted to see if the method they are thinking of would be accepted but I had a feeling it wouldn't. Otherwise it would be done more often. 

We went the CR1 route due to personal reasons. I was meant to be on a K1 but we had to withdraw it as my father had a heart attack, so we moved our wedding to the UK. The withdrawal process took a while as well. 

 

Actively going the tourist visa route is fraud (I agree with you) and it could get the poster's SO banned from the US and will struggle to rectify this in future. I remember one of the questions being "have you ever been turned down for a US visa". 

 

Concerning and also considering everyone else going the correct route, frustrating also.

[andrewcomp 1]

My spouse was here on a tourist visa when we met. We traveled the world some, had a successful relationship and he returned on his Tourist Visa and we married. When we originally applied for his Residency, he was an overstay of 6 months-less than one year and we had no issues- had his conditional green card in the mail 5 months after application and he never went home to wait for the interview.