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  1. #1
    Join Date
    Jul 2011
    Posts
    5

    Default Marriage on a Tourist Visa

    Hi all,

    I have been in a serious relationship with my GF who is US citizen. I was on j-1 visa and subject to 2-year rule.. After my graduation I flew back to my home country and I have apprx 1 more year to go to get done with this 2-year rule...

    Now, I am on a B1/B2 tourist visa and visiting my girlfriend every two months for one week. My question is:

    If we get married during my visit on a tourist visa, and leave US without submitting "adjustment of status" (since I can not apply for immigrant visas due to 2-year rule), is it going to be a big problem when we apply for adjustment of status in the future or am I gonna have trouble in my next visit.. Is it going to be considered as a visa fraud since while getting married I was on a tourist visa...(We can prove bona-fide of this marriage in case we are asked)

    what else would you suggest??

    In one of the threads Mr. Knowitall says:
    The marriage isn't an issue, as such - it's whether she petitions to
    adjust her status based on marriage within a time frame that suggests
    to the USCIS that she misrepresented the purpose of her visit and
    intended to immigrate when she entered the country. If she marries,
    leaves, and petitions to reenter on a spouse visa, the fact that she
    married while present on a tourist visa isn't a problem as it's not
    inconsistent with the purposes of that visa."

    http://www.expertlaw.com/forums/show...a+tourist+visa

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Marriage on a Tourist Visa

    The fraud the USCIS is concerned about is not the possibility that you might marry somebody and return home, it's that you'll misrepresent that you have no intent to immigrate, marry, then try to stay. Getting married while present on a tourist visa then returning home is not a problem; further it's something that happens a lot in the so-called "honeymoon states" - lots of tourists marry in places like Las Vegas and Hawaii.

    In the future, once your two year residency requirement is fulfilled, you would presumably seek a spouse visa.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Marriage on a Tourist Visa

    You are better off going home and showing immigration that you can be trusted, and then apply for the finace visa. That will allow you into the U.S. to get married and you'll have a green card and social security number within six months, though it will all cost a few thousand. Getting married on a tourist visa is problematic. If you want details, hire an immigration attorney.

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