Adjustment of status

[Boiler 47,929]

You can marry anywhere it is legal.

[smilingstone 743]

13 minutes ago, Tcsar said:

So can I an American go get married in Italy? Are you not allowed to marry anywhere without it being fraud. The question I have is since he has a visa what would be the next step. WE HAVE NO PLANS TO OVERSTAY. 

 

As long as the marriage is done in a way still in line with US marriage laws (for example, not bigamy, not child bride) then it will be recognized as a legally binding marriage in the US. 

 

His current visa is only relevant that it would in theory allow him entry into the US to marry there, so long as the intent is not to marry and adjust. The visa would also allow future visits to the US while you are going through the spousal visa process.

 

Pursuing a spousal visa while holding a tourist visa does not mean the tourist visa is void, but it can mean extra scrutnity at CBP as tourist visa implies non immigrant intent, but spousal implies absolute immigrant intent. But to counter that, you just need to ensure the non USC has plenty of evidence to ties to home country, showing that they will be returning. Plenty of us have successfully visited the US while in the process of getting our respective visas. 

[appleblossom 4,897]

33 minutes ago, Tcsar said:

WE HAVE NO PLANS TO OVERSTAY.

 

Just to clarify, people are responding to you stating 'once married we plan to adjust status from the visitor visa' in your opening post. That would be overstaying, and fraud, but now you know that's not an option for him.

 

So you can marry in Italy or the US (or any other country you choose), and then file the I-130 and he'll get his visa via consular processing.

 

Good luck. 

Edited 17 hours ago by appleblossom