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I-130; Is it illegal to file after marriage while still in the US?

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  • I-130; Is it illegal to file after marriage while still in the US?

    I saw the following post at this website:

    http://www.visajourney.com/for...=custom&page=i130faq

    No. It is perfectly ok to marry in the US on a tourist visa as long as the intending immigrant returns to his/her home country to file the I-130, and does not try to adjust his/her status and remain in the US during the I-130 process, as that is illegal.


    Is this entirely true? Or can we still file the I-130 without her going back home?

  • #2
    I saw the following post at this website:

    http://www.visajourney.com/for...=custom&page=i130faq

    No. It is perfectly ok to marry in the US on a tourist visa as long as the intending immigrant returns to his/her home country to file the I-130, and does not try to adjust his/her status and remain in the US during the I-130 process, as that is illegal.


    Is this entirely true? Or can we still file the I-130 without her going back home?

    Comment


    • #3
      Hi Skai,

      It has always been my understanding that if an immigrant enters the US on a valid visa and marries a USC, they can adjust status here (in the US); however, I am not an attorney and you might want to consult with one to be sure.

      Good luck.

      Comment


      • #4
        have you seen the answer to the question above the one you cited?

        The difference is in what was the intention:
        1. if one comes to the USA on tourist visa for a visit, and plans to return home, but ends up getting married, it is OK to stay and file I-130 and I-485 in the USA

        2. if one comes to the USA on tourist visa with a plan to get married, he/she can't just stay and adjust status... In other words, it is OK to come and get married as long as one does not plan to stay. For those who want to come, get married and stay, fiance visa is a proper visa (not turist).

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        • #5
          If one is arriving to marry, but return home (and wait for the I 130) that is OK...one is not an immediate intending immigrant (and thus did not lie [much] to our border folks...but those $hitbags that lied, claiming..."I am visiting a 'friend'" and then marry and file all the papers are just full of krapola....and they should have their sorry a$$e$ deported.

          Comment


          • #6
            The problem is that it's not easy to identify intent. (If it was so, then the 9/11 tragedy would not have happened.) Another problem is that many tourists, intending immigrants from the outset or not, who marry USCs provided that the marriages are after 60 days from arrival are sliding through the USCIS's discretionary gaps. They're being hired and change their status into some nonimmigrant work visas, and eventually into immigrants, on US soil easily too. To think that B visa (tourist for business/pleasure) isn't dual intent visa type in the first place. The Immigration Act of 1990 codified the doctrine of dual intent only for H-1A, H-1B and L nonimmigrants.

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