Visitor Visa + Marriage Overseas

[desibabu90]

I am a US Citizen and am currently engaged to my fiance who is currently living in India and has tourist visa for the USA. We are planning on getting married in India in November. Am I able to get an Indian marriage certificate, bring her with me in November (she comes in via tourist visa), and then file for a change of status? Or do I need to file for a fiance visa right now in order for her to come into the country with me in November.

We also plan on going to our honeymoon (not in India or USA) in December/January but plan was to originate the trip from the USA. What should I consider doing to ensure she can come with me in November, we go on our honeymoon to a foreign destination from the US, and then ensure she can come back with me.

[Libra_14]

I am a US Citizen and am currently engaged to my fiance who is currently living in India and has tourist visa for the USA. We are planning on getting married in India in November. Am I able to get an Indian marriage certificate, bring her with me in November (she comes in via tourist visa), and then file for a change of status?

Yes, that will be the safest & fastest bet for you. She will be issued a conditional GC.

Or do I need to file for a fiance visa right now in order for her to come into the country with me in November.

K1 visa is for future marriage, it won't be issued for your wife after your marriage in Nov.

We also plan on going to our honeymoon (not in India or USA) in December/January but plan was to originate the trip from the USA. What should I consider doing to ensure she can come with me in November, we go on our honeymoon to a foreign destination from the US, and then ensure she can come back with me.

Wait for sometime until your COS is done, before she moves out of USA.

[desibabu90]

Yes, that will be the safest & fastest bet for you. She will be issued a conditional GC.

Can she travel back and forth on the tourist visa while the COS is being processed? Is that the CR1/IR1 visa?

K1 visa is for future marriage, it won't be issued for your wife after your marriage in Nov.

K1 would be for now and not after marriage, in case I can't bring her on a tourist visa after November. But if above option is ideal then I wouldn't want to go down the K1 path. Plus, I am assuming K1 is for marriage in the US, whereas ours would be outside the US.

Wait for sometime until your COS is done, before she moves out of USA.

Ideally, I would file for a COS after my honeymoon. I am just concerned that flags may be raised or she may be rejected entry after the honeymoon because it would be a 2nd entry within a space of 1-2 months. Does it make more sense for her to not come to the US after the marriage but instead after the honeymoon.

[daggit]

I am a US Citizen and am currently engaged to my fiance who is currently living in India and has tourist visa for the USA. We are planning on getting married in India in November. Am I able to get an Indian marriage certificate, bring her with me in November (she comes in via tourist visa), and then file for a change of status? Or do I need to file for a fiance visa right now in order for her to come into the country with me in November.

We also plan on going to our honeymoon (not in India or USA) in December/January but plan was to originate the trip from the USA. What should I consider doing to ensure she can come with me in November, we go on our honeymoon to a foreign destination from the US, and then ensure she can come back with me.

Just be aware, travelling on B visa with the preconceived intent to change status in the US is visa fraud!

Either invite her on a separate K1 visa as fiance, then get married. Or,

Marry her, either in India or the US, then she returns/stays in India while you file CR-1 visa petition. Takes about 10-12 months.