Marriage while on a Tourist Visa

[muy_curiosa]

Background:

I am a US born citizen with dual citizenship (Mexico). I live in the US.
Boyfriend is a Mexican citizen that has a US tourist visa that will expire in 2023. He lived in the US for about 8 years while he was studying at a university. He's currently in Mexico.
We have a US born 8 month old child.

My boyfriend and I have been together for going on 7 years. We have been discussing marriage for about 4 years now and we are able to get married now as his divorce has been finalized. During the course of our relationship, I lived in Mexico for 2 years.

My question is: Would we have a problem getting married here in the US because he has a tourist visa? We've been planning this for many years and we have a child together. I know that the caveat for this to work from what I have researched is if he comes to the US without the intention of getting married. I really don't want to get married in Mexico and have to wait for him to be able to come. We have a son and we really want to start out life as a united family already.

[rayb]

There are no penalties associated with marrying in the U.S. The only downside is that reentry to the U.S. on a visitor visa by your husband in the future may be blocked if he is asked and responds that he is now married to a U.S. citizen.

--Ray B

Background:

I am a US born citizen with dual citizenship (Mexico). I live in the US.
Boyfriend is a Mexican citizen that has a US tourist visa that will expire in 2023. He lived in the US for about 8 years while he was studying at a university. He's currently in Mexico.
We have a US born 8 month old child.

My boyfriend and I have been together for going on 7 years. We have been discussing marriage for about 4 years now and we are able to get married now as his divorce has been finalized. During the course of our relationship, I lived in Mexico for 2 years.

My question is: Would we have a problem getting married here in the US because he has a tourist visa? We've been planning this for many years and we have a child together. I know that the caveat for this to work from what I have researched is if he comes to the US without the intention of getting married. I really don't want to get married in Mexico and have to wait for him to be able to come. We have a son and we really want to start out life as a united family already.

[peace999]

just getting married in US on a visitor status, he is not breaking any laws.
It is when you file for his green card inside US based on that marriage, there can be problems.

If he is planning to get a green card through this marriage,
the best thing is ; get married in US and then he can go home without overstaying.
After he leaves, you can file for his immigrant petition in US ( I-130) to be processed in mexico.
He will get his immigrant visa a few months later in mexico.

[MadeinIndia]

The best thing is to hire an attorney. See, getting married and adjusting status on a tourist visa is very much possible and the problem comes only with the intent. His Tourist Visa is a non-immigrant intent visa so entering with a tourist visa with the prior "intent" of adjusting status can be a problem if asked at the Interview.

Of course it is a different matter if you are now just "thinking" of getting married and have made no concrete plans and will decide whether to get married or not once he comes to the US. So once he comes and if you then decide to get married and change his status, there should be no problem.

Also make sure that he answers honestly to the CBP officer at the port of entry that he is coming to visit family / friends / girl friend etc whatever applies.

If you do consular processing in the home country, the wait time can be long. It might take anywhere from 6 to 10 months or even longer. If you do it in the US, its simple and quicker. 3 to 5 months he will have the Conditional Green Card.

There is also a unwritten 30/60 day rule that if he files AoS(Adjustment of Status) within 30 days of entering US then there has been a high probability of prior intent to change status and if within 60 days there is some probability. So it is better to wait for around 2 months and then adjust the status. He will get the EAD within 45 days (Max 90 days) and then a green card interview.

Online forums can only give you an idea of various processes but never depend on them (or mine too) for advice. Always consult and hire a good attorney who will do everything properly. Also if you have a strong case, you do not necessarily need an attorney too. Just make sure you fill the applications carefully and submit all papers perfectly.

[wong]

Help anyone green card approval

Me and my wife attended the interview today me and her been together for about 3 years now i love her with all my heart
and i couldnt imagine life without her. And we are both nervous and need to know i had the interview and on the same evening they sent and email saying they ordered a production of the new card after the 1485 interview does that mean i have been approved? Please help

[rayb]

Yes, that's as good an indication as any.

Congratuations!

--Ray B

Me and my wife attended the interview today me and her been together for about 3 years now i love her with all my heart
and i couldnt imagine life without her. And we are both nervous and need to know i had the interview and on the same evening they sent and email saying they ordered a production of the new card after the 1485 interview does that mean i have been approved? Please help

[wong]

Yes, that's as good an indication as any.

Congratuations!

--Ray B

thank you i feel a little better

[steve11]

Background:

I am a US born citizen with dual citizenship (Mexico). I live in the US.
Boyfriend is a Mexican citizen that has a US tourist visa that will expire in 2023. He lived in the US for about 8 years while he was studying at a university. He's currently in Mexico.
We have a US born 8 month old child.

My boyfriend and I have been together for going on 7 years. We have been discussing marriage for about 4 years now and we are able to get married now as his divorce has been finalized. During the course of our relationship, I lived in Mexico for 2 years.

My question is: Would we have a problem getting married here in the US because he has a tourist visa? We've been planning this for many years and we have a child together. I know that the caveat for this to work from what I have researched is if he comes to the US without the intention of getting married. I really don't want to get married in Mexico and have to wait for him to be able to come. We have a son and we really want to start out life as a united family already.

Yes,

Technically you can do it because in your marriage they wont doubt because you both had a son as well as you might have previous pictures together since you have met. you can do this way

Or there is other alternate ask your boyfriend to go his home country residence along with the child birth certificate (which must appear his father name means your Bf name) along with the pictures of together these are sufficient evidences to get K-1 fiance visa It should work.

I hope it helps