marrying a mexican citizen in the usa on a travel visa

[goucho727]

I want to skip the fiancee visa step and go straight to marriage and adjustment of stays. she has a valid travel visa and i plan to marry her while she is here legally. does anyone think i will have any problems doing this? please advise. thanks you

[lawman]

Hey,

I understand that you would like to skip the fiancée visa process, and get married in the United States. Under immigration law, if you have made a legal entry into the U.S. and a visa is available you can adjust your status, and remain in the U.S. while you wait on a decision, You can also obtain various benefits such as an employment authorization document, and if you have not overstayed your validity period (I-94) in the U.S. for 6 months or longer, you can apply for a travel document (Advance Parole).

Now, immigration will make a determination on whether or not your spouse can obtain permanent residency status based on what the intent was at the time of entry into the U.S. By coming into the U.S. as a visitor and getting married instead of applying for the appropriate visa which would be a K1, means that someone is circumventing immigration laws.

There is “NEVER” a garauntee that just because you made a legal entry into the U.S. you will automatically obtain permanent residency status. All the law allows for you to do is wait in the U.S. while your application is processing review.

But keep in mind, the intent will be investigated.

Good Luck

Do not let anyone tell you that you will not have a problem, because the burden of proof would be on you and your spouse to overcome the “intent”.

I want to skip the fiancee visa step and go straight to marriage and adjustment of stays. she has a valid travel visa and i plan to marry her while she is here legally. does anyone think i will have any problems doing this? please advise. thanks you