Is Marriage to a US Citizen (& AOS) via a Tourist Visa possible?

[stayvisible]

Hello. I am soon to become a US Citizen. I am currently a Legal Permanent Resident (GC Holder). My beautiful fiancée is French and currently lives in France. We wish to marry and live in the USA. My fiancée intends to come to the USA on a visitor's visa (3 months). After this time she intends to return to France briefly, before returning to the USA again on a Visitor's visa (3 months). Upon her return we would like to marry in the USA and then apply for Adjustment of Status (AOS) for her so that we can remain together and she can live with me in California. Filing form I-485 would appear to allow us to do this.

I have read a great deal on this forum about the do's and don'ts of fiancée’s and marriage to USA citizens. As far as I can see there is nothing illegal about our proposed method of pursuing marriage and our life together in a timely manner. I was curious if anyone else has gone through a similar process and can offer guidance/insight/help?

Am I correct in my interpretation of the rules regarding this? I would be very grateful for any insight forum members/moderators could give me on this subject.

Cheers,

Andy

[curiousone]

Once she marries you ( and you're a USC) she can indeed stay and adjust her status. HOWEVER......when she enters the US on a visitors visa she is expressing an intent to return to her home country. If she KNOWS that she plans to stay she would be in essence lying about her intent to stay temprarily (she will be asked how long she plans to stay) and then depart BUT if she tells the immigration officer that she plans to marry and stay then..............

However once she is admitted, and you become a USC before the marraige and start the filing process then there should not be any problem. The basic principle is that you will have to satisfy immigration that it is a real marraige and not one done just for her to gain immigration benefit so its in your interest to start documenting that now ( pictures, letters, emails etc.) Of course if you became a LPR through marriage to a USC within the last 5 years the scrunity will be higher.