Getting married on a tourist visa to a US citizen

[pateljr5]

My girlfriend is an Indian citizen and has a visitor visa to the US. We've been dating for a year. What would be the best way to go about marriage and eventual green card & citizenship for her while maintaining her ability to travel back and forth to India?

[Tibwa]

You married and apply for Permanent resident for her. She will receive an EAD card ( employment authorization) and a travel document while her case is being adjudicated.

[Johnny6751]

My girlfriend is an Indian citizen and has a visitor visa to the US. We've been dating for a year. What would be the best way to go about marriage and eventual green card & citizenship for her while maintaining her ability to travel back and forth to India?

It is not a very complicated case, but you got to be careful about certain things, you got to show and prove that your marriage is a real Bona fide, why? because she's on a tourist visa more likely B1/B2 which will raise a red flag immediately if you get married and file for adjustment of status for her. All cases are different of course, but in front of USCIS eyes she is coming to the United States with the whole purpose of getting married, therefore she will be in violation of the Visa terms she is under currently and more likely be denied AOS and placed under deportation proceedings. My suggestion to you is the following, apply for a K1 Visa, and have her move with you under a K1 Visa. Having that said, that Visa intends the purpose that you both want which is to get married and live happily forever in this country. A B1/B2 is for visiting purposes not a bridge for her to come here and marry you, that's what K1 visas are for. Good luck!

My timeline so far:

-01/27/20: Same sex couple, married to USC.
-06/29/20: Package I-130, I-130A, I-131, I-485, I-693, I-765, I-864, I-864 joint sponsor and I-944 sent via certified mail USPS.
-06/30/20: Delivered by USPS and signed by Chicago lockbox T Thomas.
-07/25/20: Checks cashed.
-07/30/20: Text messages received with case confirmation numbers.
-07/31/20: Received NOA's in the mail.
-08/05/20: Received RFIE notification from USCIS for I-485, letter to follow via mail.
-08/10/20: Received RFIE in the mail asking for my partner's pay stubs for the last 6 months and letter of employment.
-09/18/20: Mailed out RFIE to Lee-Summit's office.
-09/21/20: USCIS confirms they've received RFIE.
-10/27/2020: Called USCIS regarding biometrics appointment not yet scheduled. USCIS send E-Request to Chicago FO.
-11/10/2020: Immigration officer reaches out to me via phone call to explain the reason I haven't received a biometrics appointment, appointment will come eventually.
-11/23/2020: USCIS files another E-Request for biometrics.

[manhattanite]

My girlfriend is an Indian citizen and has a visitor visa to the US. We've been dating for a year. What would be the best way to go about marriage and eventual green card & citizenship for her while maintaining her ability to travel back and forth to India?

Where is she currently? In India or the US?

[Trini0616]

It is not a very complicated case, but you got to be careful about certain things, you got to show and prove that your marriage is a real Bona fide, why? because she's on a tourist visa more likely B1/B2 which will raise a red flag immediately if you get married and file for adjustment of status for her. All cases are different of course, but in front of USCIS eyes she is coming to the United States with the whole purpose of getting married, therefore she will be in violation of the Visa terms she is under currently and more likely be denied AOS and placed under deportation proceedings. My suggestion to you is the following, apply for a K1 Visa, and have her move with you under a K1 Visa. Having that said, that Visa intends the purpose that you both want which is to get married and live happily forever in this country. A B1/B2 is for visiting purposes not a bridge for her to come here and marry you, that's what K1 visas are for. Good luck!

My timeline so far:

-01/27/20: Same sex couple, married to USC.
-06/29/20: Package I-130, I-130A, I-131, I-485, I-693, I-765, I-864, I-864 joint sponsor and I-944 sent via certified mail USPS.
-06/30/20: Delivered by USPS and signed by Chicago lockbox T Thomas.
-07/25/20: Checks cashed.
-07/30/20: Text messages received with case confirmation numbers.
-07/31/20: Received NOA's in the mail.
-08/05/20: Received RFIE notification from USCIS for I-485, letter to follow via mail.
-08/10/20: Received RFIE in the mail asking for my partner's pay stubs for the last 6 months and letter of employment.
-09/18/20: Mailed out RFIE to Lee-Summit's office.
-09/21/20: USCIS confirms they've received RFIE.
-10/27/2020: Called USCIS regarding biometrics appointment not yet scheduled. USCIS send E-Request to Chicago FO.
-11/10/2020: Immigration officer reaches out to me via phone call to explain the reason I haven't received a biometrics appointment, appointment will come eventually.
-11/23/2020: USCIS files another E-Request for biometrics.

Marrying while on a tourist visa is only a red flag if you marry within 90 days of arrival. You can get more details and good info regarding the 90-day rule from immigration lawyers with youtube videos. You can marry her here and file the AOS here. A K-1visa from India will take years and years and years.

[jessicapl7]

I'm siding with Johnny6751 on this one. Yes, it is possible to marry while she is on a tourist visa BUT it does raise red flags and the stress of proving your relationship is real ends up being very difficult on a relationship. I am a USC and married my husband while he was out of status from a tourist visa. It seriously complicates the whole procedure and makes it take much longer. Again, the stress... Do it the right way and apply for the K1 visa. Apply for her work permit and travel document as early as possible so there are no issues. Sometimes it seems to be better to do it the quickest way but the right way is the best option in the long run. Best wishes to you and your marriage!

[Johnny6751]

Marrying while on a tourist visa is only a red flag if you marry within 90 days of arrival. You can get more details and good info regarding the 90-day rule from immigration lawyers with youtube videos. You can marry her here and file the AOS here. A K-1visa from India will take years and years and years.

He is a USC, a visa becomes available for him on the spot. If he was a LPR that's a different story and I'd agree with you, but he's a USC, there's no waiting for her.

My timeline so far:

-01/27/20: Same sex couple, married to USC.
-06/29/20: Package I-130, I-130A, I-131, I-485, I-693, I-765, I-864, I-864 joint sponsor and I-944 sent via certified mail USPS.
-06/30/20: Delivered by USPS and signed by Chicago lockbox T Thomas.
-07/25/20: Checks cashed.
-07/30/20: Text messages received with case confirmation numbers.
-07/31/20: Received NOA's in the mail.
-08/05/20: Received RFIE notification from USCIS for I-485, letter to follow via mail.
-08/10/20: Received RFIE in the mail asking for my partner's pay stubs for the last 6 months and letter of employment.
-09/18/20: Mailed out RFIE to Lee-Summit's office.
-09/21/20: USCIS confirms they've received RFIE.
-10/27/2020: Called USCIS regarding biometrics appointment not yet scheduled. USCIS send E-Request to Chicago FO.
-11/10/2020: Immigration officer reaches out to me via phone call to explain the reason I haven't received a biometrics appointment, appointment will come eventually.
-11/23/2020: USCIS files another E-Request for biometrics.
-12/04/2020: USCIS confirms biometrics appointment has been scheduled and letter with details is in the mail already.
-12/05/2020: Biometrics appointment scheduled for December 21st 2020.

[ember]

There may be a visa "immediately available" but that refers to the fact that there is no quota for immediate relatives of U.S. citizens. It still take a long time these days to process applications (though K-1s are usually faster than an I-130), so it's not that "immediate."

Marriage on B-2 does raise flags. Possible, but more suspicious to USCIS.

If she needs to be in India for the next 6-10 months, a K-1 is probably better because if she files in the US, she cannot travel until she gets her travel document, which these days is taking a very long time.

[Tibwa]

There may be a visa "immediately available" but that refers to the fact that there is no quota for immediate relatives of U.S. citizens. It still take a long time these days to process applications (though K-1s are usually faster than an I-130), so it's not that "immediate."

Marriage on B-2 does raise flags. Possible, but more suspicious to USCIS.

If she needs to be in India for the next 6-10 months, a K-1 is probably better because if she files in the US, she cannot travel until she gets her travel document, which these days is taking a very long time.

Once you are married to a USC on a B-2 ( which my brother did), you have no problem or suspicions to get your approval. The only problem is when your marriage if **** and they have plenty of time to check you out while you are on your conditional Green Card.

[pateljr5]

Where is she currently? In India or the US?

Currently in India, but visits me frequently.

[pateljr5]

Thanks everyone for your help. What if we get married next time she visits me in the US, but instead of filing for Adjustment of Status, we do a Petition for Alien Relative (I-130) and immigrant visa from India. It may take longer but she would be able to continue to come here on her tourist visa during that time, right? Then also, I believe she can freely travel even during her green card without advance parole. Thoughts?

[Trini0616]

Thanks everyone for your help. What if we get married next time she visits me in the US, but instead of filing for Adjustment of Status, we do a Petition for Alien Relative (I-130) and immigrant visa from India. It may take longer but she would be able to continue to come here on her tourist visa during that time, right? Then also, I believe she can freely travel even during her green card without advance parole. Thoughts?

Filing the I-130 shows intent to immigrate; that makes travelling on a visitor only visa problematic. Some have no issues, some get turned back in the airport with their B1/B2 cancelled. Again, don't take my word for it, check out the immigration lawyers on youtube and other sites.

Secondly, if the aim is to travel while in process, the AOS comes with advance parole/travel permission. My advise, marry here, file the AOS concurrently here.

[manhattanite]

Secondly, if the aim is to travel while in process, the AOS comes with advance parole/travel permission. My advise, marry here, file the AOS concurrently here.

This is a problematic solution. OP’s partner cannot enter the US on a tourist status (since she’s still abroad) with the intent to adjust status through marriage. That would constitute immigration fraud.

[pateljr5]

Filing the I-130 shows intent to immigrate; that makes travelling on a visitor only visa problematic. Some have no issues, some get turned back in the airport with their B1/B2 cancelled. Again, don't take my word for it, check out the immigration lawyers on youtube and other sites.

Secondly, if the aim is to travel while in process, the AOS comes with advance parole/travel permission. My advise, marry here, file the AOS concurrently here.

What about the 90 day rule? Should I wait 90 days after she arrives before getting married?

[ember]

Once you are married to a USC on a B-2 ( which my brother did), you have no problem or suspicions to get your approval. The only problem is when your marriage if **** and they have plenty of time to check you out while you are on your conditional Green Card.

Tibwa, this is not true. As others have mentioned, filing within a certain window (within 90 days of entry) can raise suspicion / red flags. See below (I copied from the USCIS website).

Just because your brother's case went through with no problem doesn't mean that it will be true for everyone.

Again, as others have mentioned, coming to the US on a visitor visa with the intent to marry and apply for a green card is not allowed. Some officers do not really question it, but they can if they want.

3. The U.S. Department of State’s 90-Day Rule^[8]


DOS developed a 90-day “rule” to assist consular officers in evaluating willful misrepresentation in cases involving an applicant who violated his or her nonimmigrant status or whose conduct is inconsistent with representations made to either the consular officer at the time of the visa application or to the immigration officer at the port of entry. The DOS 90-day rule creates a presumption of willful misrepresentation if an applicant engages in such conduct within 90 days of admission to the United States.

Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States.^[9] Officers should carefully assess each situation and continue to evaluate cases for potential fraud indicators. When appropriate, officers should also refer cases to Fraud Detection and National Security, according to existing procedures.