- Thread starter frank12
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Can someone take their girlfriend to USA for marriage and stay?
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Yes. Once in the US, after getting married, they would file for a change of status. It takes a few months, and they can wait in the US while it is being processed.
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It would probably facilitate the process if the marriage would take place in the D.R. prior to traveling to the U.S.
Other than having to translate the marriage certificate if the wedding takes place in DR, there is no difference. The same form is filed, and the waiting period is the same. While awaiting residency, the spouse may also file for employment authorization, and receive their social security number, allowing them to work.
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This is very risky, especially right now with the current view in the US on illegal immigration. You will be violating the terms of your tourist visa by getting married and overstaying the visa.
While people have gotten away with it in the past, your girlfriend is risking deportation and never being able to get a visa to the US again. USCIS has a K1 Visa that is intended for exactly what you want to do. Contact an immigration attorney before you do this.
You are not violating the terms of your tourist visa by getting married. And you are not overstaying your tourist visa if you have filed for a change of status. USCIS has very clear instructions on how to complete this process.
And yes, this advise was given to a me by an immigration attorney.
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Not a good idea at all and, like I said, risky under the current views on illegal immigration. Think about it - if it were completely legal, there would be no need for the K1 fiancee visa.
http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html
If this is the case, said "immigration attorney" is a party to immigration fraud...
You can get married in the US, but if the immigration officer finds that this is the reason why you're entering the country, that could get the person into trouble. For example, you're traveling with a wedding dress in your belongings, then you're not traveling for tourist purposes.
Once the person is married, they can adjust status to stay in America. This is regarding people married to US citizens. I'm not sure this is true for permanent residents.
Given the circumstances you pose here.....No....that would be, as has been pointed out above...visa fraud.
Can someone come to the US on a tourist visa, find/fall in love and get married and get to stay...yes.
Case by case review.....but on your facts....that would be visa fraud if caught...subjecting the US citizen to prosecution and the visa being revoked and the visa holder deported.
Respectfully,
Playacaribe2
Taken directly from the USCIS website:
Get a Green Card While Inside the United States
One Step Process
Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page.
Two Step Process
You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.
Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.
Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797). For more information on filing for permanent residence, see our Adjustment of Status page.
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Get a Green Card While Inside the United States
One Step Process
Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page.
Two Step Process
You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.
Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.
Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797). For more information on filing for permanent residence, see our Adjustment of Status page.
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Frank has she ever traveled to the US before? Getting a tourist visa isn't always easy and if they think fraud was involved they may never approve a green card. Especially these days.
Here is what I found
https://www.prideimmigration.com/marry-us-citizen-tourist-visa/
This is the legal way https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html
Absolutely, I've done it myself. However, my GF at the time had travel to the US as a tourist several times before she came to stay. Once married in the US, make sure you file the necessary forms from the US immigration website to change her status and apply for a work permit if she wants to work before the process is completed. The change of status is costly, ~US1K additional to the green card app and other costs involved. I completed the whole process myself using the online forms and advise from other websites.
1.) The person in question is a Dominican with a current Tourist Visa.
2.) I'm totally unfamiliar with how it works in the USA, but i do know how it works in Norway, and i was thinking--perhaps incorrectly--that it worked like this: You come over to America on your Tourist Visa. You get married while there. You decide to apply for whatever paperwork needed to stay with your husband, and you simply wait for the paperwork.
When i got married 30 years ago in Norway, we had the option of filing the paper work outside of Norway and then me waiting up to a year to be approved. But they gave us a second option, Step 2: simply coming to Norway on a Tourist Visa, get married, and then waiting in Norway (not able to leave) for the paper work to complete 6-months later.
I thought it might work like this in many places, but i have no idea. It seems reasonable that you must file for all of this paper work outside of the US before you come over, but it also seems reasonable that if the person is already in the USA on a tourist Visa, that they would be able to start the process while in the USA??
By the way, if you want to read the story, it's a crazy story on "Everything Cabarete" (Not my page) posted about 5-days ago, by Joe.
Frank
2.) I'm totally unfamiliar with how it works in the USA, but i do know how it works in Norway, and i was thinking--perhaps incorrectly--that it worked like this: You come over to America on your Tourist Visa. You get married while there. You decide to apply for whatever paperwork needed to stay with your husband, and you simply wait for the paperwork.
When i got married 30 years ago in Norway, we had the option of filing the paper work outside of Norway and then me waiting up to a year to be approved. But they gave us a second option, Step 2: simply coming to Norway on a Tourist Visa, get married, and then waiting in Norway (not able to leave) for the paper work to complete 6-months later.
I thought it might work like this in many places, but i have no idea. It seems reasonable that you must file for all of this paper work outside of the US before you come over, but it also seems reasonable that if the person is already in the USA on a tourist Visa, that they would be able to start the process while in the USA??
By the way, if you want to read the story, it's a crazy story on "Everything Cabarete" (Not my page) posted about 5-days ago, by Joe.
Frank
My understanding is that the best way is to apply for a fiancee visa, and then go thru with it. I have met people who took out a fiancee visa as the best way to get there and then never married, that got everyone in trouble. But if the plan is to marry why play games?
Over the decades I married twice to women who had overstayed their tourist visas and they became legal thru marrying me, but that us ot the way to go. Lotsa bucks Lotsa paperwork. etc...
Der Fish
Over the decades I married twice to women who had overstayed their tourist visas and they became legal thru marrying me, but that us ot the way to go. Lotsa bucks Lotsa paperwork. etc...
Der Fish
It is fraud if you INTEND to use the tourist visa as a way to bypass the legal Resident Visa process.
Not getting caught does not mean such an action is not fraud.
Why not do the right thiung and just apply for a legitimate fiance visa? If she can qualify for a tourist visa on her own, she most likely can qualify for a fiance visa.
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