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  1. #1
    Join Date
    Apr 2013
    Posts
    1

    Default Marrying a To-Be Green Card Holder in the U.S. While on Tourist Visa

    Hello, I'm an H1-B visa holder and I just passed the Labor Certification toward the Green Card process. My firm is about to file for the I-140 and the I-485.
    I'd like to marry my girlfriend before filing the I485, but she is abroad now. Is it lawful for her to come to the US on a tourist visa, get married and then apply for the AOS with her name on it? Someone told me that this could be considered fraudulent because she would come here as a tourist. Does she have to declare anything at the immigration control?

    I heard that it would be better to marry in our country (we are both European) and then apply for a dependent visa, but we would really like to avoid it and marry in the US.

    Thanks!

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

    Default Re: Marrying a To-Be Green Card Holder in the U.S. While on Tourist Visa

    If you enter on a non-immigrant visa, you are representing that you don't intend to immigrate. Lying about your intent, quite obviously, is fraud. There are many immigrant boards where people describe the games they played to get fiancé(e)s into the nation and how that turned out for them, so if you want to game the system I suggest you read those boards. Here, we tell you what the law is.

    She is, of course, free to come to the U.S. as a tourist, marry you and then return home, or you can as you note marry her elsewhere; then you can later seek to bring her into the U.S. as your spouse.

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