gll5dm

All I will say is that if you are researching and planning it, then it isn't actually spontaneous. You have the intent to come here as a tourist, get married and stay.

~ Moved from Tourist Visas to What Visa Do I Need? ~

Yes, clearly, as probably 99% of other people who travel to the States on a tourist visa and get married and stay...

My question is rather if it is possible, as I have read lots of things on the internet that say it is absolutely possible as long as you can prove it wasn't planned and you're intending to return home, etc, and immigration cannot prove you planned it.

Hi all,

My girlfriend (US citizen) and I (UK citizen) want to be together and we've decided that the States is the best place for us to settle down for the next few years.

We're obviously in a genuine relationship and I'll been across to her several times this year to visit.

I'm planning on going back over start of next year... if I went across on a tourist visa and we spontaneously decided to get married while I was there, would I be able to stay while my application for change of status is processed?

It's something we've obviously talked about, and we know about fiance visas and spouse visas, etc, and the various other options. As far as I am aware, if you are legally in the country (i.e. if I enter the country legally, under a tourist visa for example) and we got married, she/we could apply to have my status changed and I could stay there indefinitely.

As long as it cannot be proven that it was pre-meditated (we've discussed it but not planned it, i.e. we know the options but haven't made a decision), I haven't read that it is against the rules. Can anybody confirm/deny?

Thank you!

SOURCE:

http://www.hooyou.com/i-485/vwp-filing-memo.html

For example, Sara lives in England. Dan lives in Chicago and is a U.S. Citizen. Sara and Dan have been dating for 2 years, and Sara often comes to Chicago to visit Dan, never staying for more than 90 days. During one of Sara’s trips to Chicago, Dan proposes and Sara says yes. Can they get married right away, so that Sara can apply for her green card and stay with Dan? Yes. Sara can file her adjustment of status at the same time that Dan files the immigration petition (I-130) petition for her within 90 days of Sara’s arrival at the US.

However, green card applications filed by people present in the U.S. through VWP must be carefully addressed. Applicants should still be prepared to document that they did not have preconceived intent. Second, applicants should pay careful attention to timing, and be sure to file their application while they are still in VWP status in the U.S.

Applicants should make it a priority, if they are eligible and decide to file for a green card while in the U.S. on the VWP, to file it within 90 days of entry. People who enter on the VWP are only allowed to stay for 90 days. After that, they are unlawfully present in the U.S., and can be removed by the government if caught. People who enter on VWP, as a condition of their entry, waive their right to review before an immigration judge prior to removal. A pending application for a green card does not protect an applicant who entered under VWP from removal, unless he filed it within 90 days. Thus, a person who enters under VWP and is eligible for adjustment of status should be careful to file his/her application before the 90 days is up. - See more at: http://www.hooyou.com/i-485/vwp-filing-memo.html#sthash.EVVNW8QL.dpuf