Phil

Hi,

I've got a query regarding getting married in the US on a tourist visa, and am hoping
someone will have had experience of a similar situation.

If we are intending to get married whilst on a tourist visa, do the alien's travel
documents have to detail a vacation of over 60 days? Ie, can they come to the US for
a 14 day vacation, stay for 60 days, and decide to get married, or would us deciding
to get married during the 14 day period not sit well with the INS?

(They automatically qualify for a 90 day tourist visa.)

I hope someone can help. thanks.

p

Mrtravel

Rule #1... The purpose of Adjustment of Status from a tourist visa is for people who
did NOT plan to marry when they entered the US. Marrying after being her 14 days may
cause SPECIAL interest by INS.

Plus... If you tell the INS guy at the POE that you want to stay 14 days, you might
only get a I-94W approved for 14 days. While a VWP is able to stay for up to 90 days,
the INS person at the POE has control over the actual time permitted to stay.

Of course, I am assuming you are talking about coming on a tourist visa and trying to
adjust status. If you simply want to get married and return to your home country,
then you can do that with VWP.

It is important to NOT lie to INS at the POE. For instance, if you have given up your
home or job in the other country, AND they ask about your home or job, then tell them
the truth.


phil wrote:
    > Hi,
    > I've got a query regarding getting married in the US on a tourist visa, and am
    > hoping someone will have had experience of a similar situation.
    > If we are intending to get married whilst on a tourist visa, do the alien's travel
    > documents have to detail a vacation of over 60 days? Ie, can they come to the US
    > for a 14 day vacation, stay for 60 days, and decide to get married, or would us
    > deciding to get married during the 14 day period not sit well with the INS?
    > (They automatically qualify for a 90 day tourist visa.)
    > I hope someone can help. thanks.
    > p

Phil

so, if someone were to come to the US on vacation, then decide on the spur of the
moment to get married there, then the return portion of the ticket would need to me
for more than 60 days time, right?

Or could they simply miss their return flight, then "decide" to get married after 60
days, but within the allowed 90 day tourist visa period?

Rete

It has nothing to do with the date on the return ticket. You can enter for a 14 day vacation, it doesn't matter. What Mr. Travel is trying to tell you is that now the agent at the POE might mark the I-94 in the passport good for a certain length of time. That has no relevancy on the marriage and filing of AOS. If they stayed past the 14th day and you married their status will change from overstay to "pending adjuster" on the date of filing for AOS.

The 60 day issue is some BIA decision and many people feel that it is prudent not to enter the US and marry before the 60th day after entry. But I've seen people enter and marry within a week and adjust status without INS batting an eyelash. The choice is yours. I can only give you what little information I have.

Rete

Denis Barlow

Hi,

Take a look at the following website :-

http://www.mindspri-
ng.com/~docsteen/visainfo/visainfo.htm

Accept the disclaimer and then follow the "Tourist Adjustment" link from the list
on the left.

Denis


"phil" <[email protected]> wrote in message news:[email protected] om...
    > Hi,
    > I've got a query regarding getting married in the US on a tourist visa, and am
    > hoping someone will have had experience of a similar situation.
    > If we are intending to get married whilst on a tourist visa, do the alien's travel
    > documents have to detail a vacation of over 60 days? Ie, can they come to the US
    > for a 14 day vacation, stay for 60 days, and decide to get married, or would us
    > deciding to get married during the 14 day period not sit well with the INS?
    > (They automatically qualify for a 90 day tourist visa.)
    > I hope someone can help. thanks.
    > p

Shannon

As others have mentioned, it is visa fraud to ENTER intending to get married and stay in the US. Your girlfriend should enter intending to return after her holiday.

However, if she came for 14 days and then extended her ticket for a few months (in my case I had a ticket valid for a year, with a return date booked at the end of my business trip) this would be ok. You could then decide if you really want to marry, at your leisure. Even if you marriage was after the date of expiry of her tourist visa (say in 90 days), she could still apply to adjust status to permanent residency. However, she may forfeit her return ticket if she couldn't get Advance Parole in time.

Shannon

Rete

I'm not an attorney and never claimed to be one but it is my belief that entry with intent is not fraudulent, rather entering and lying about your intent if asked is what constitutes the fraud.

Case in point is Wade and Caroline. Him-Nova Scotia. Her-Boston. Boston INS told them why bother with a K-1 when he could just enter the US, get married and adjust status. They did just that successfully. When asked his destination and purpose of visit at the POE he said Boston, for the holiday. (It was Xmas). No lie. An omisison perhaps but definitely no lie. They married within 10 days of his being here and are living happily ever afterward.

Do I recommend this to anyone or everyone. No, I don't. Why? Because I am not an attorney and I don't want to be the one to tell someone they can do something where risk is involved. I can advise them what the risk is but not push them along the path. They can make an education decision based on fact.

Rete

Mrtravel

Rete wrote:
    > Originally posted by Shannon:
    > >
    > >
    > > As others have mentioned, it is visa fraud to ENTER intending to get married and
    > > stay in the US. Shannon
    > I'm not an attorney and never claimed to be one but it is my belief that entry with
    > intent is not fraudulent, rather entering and lying about your intent if asked is
    > what constitutes the fraud.

I agree that it doesn't meet the INS interpretation of fraud, which is why I
generally tell people it depends on how you answer certain questions like.

Are you currently employed?

If you have given up your job to move to the US, then you should NOT lie to that
question. Being untruthful would be a basis for a fraud charge.