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still on B1, can I get married?

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  • still on B1, can I get married?

    I've been on this discussion board for a while and read so many topics concerning visa overstay and fixing the problem through marriage to USC. I have a little different situation and there comes my question: what if I'm still on tourist visa status and get married to USC? What does the immigration law say about this? Will it be seen as a fraud, beacuse I have violated my conditions of tourist visa? Or should I overstay and then get married (I've read that overstay can be pardoned by INS)? I guess I need some legal advice here.

  • #2
    I've been on this discussion board for a while and read so many topics concerning visa overstay and fixing the problem through marriage to USC. I have a little different situation and there comes my question: what if I'm still on tourist visa status and get married to USC? What does the immigration law say about this? Will it be seen as a fraud, beacuse I have violated my conditions of tourist visa? Or should I overstay and then get married (I've read that overstay can be pardoned by INS)? I guess I need some legal advice here.

    Comment


    • #3
      My friend, your possible overstay can be cured by a marriage with a USC. You can also get married before you get yourself out of status. It might be a little easier for you to adjust if you were still legal. Wait some time before you do it thought. If you get married in a month or two after you entered the USA they might see it as you came with the intent to marry... and laid to the Immigration officer at the port of entry.

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      • #4
        I understand perfectly that I shouldn't get married right after entering the country, but in my case the marriage is planned (without thinking first!)for almost the last day of my tourist visa expiry. I kind of started thinking worring after I had set the date: what if the INS will discredit my LAST-DAY-MARRIAGE-THING? Should I get married few weeks (not few days) before I get out of status, instead?

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        • #5
          oh, and if that makes any difference, but I forgot to mention that I've extended my tourist visa once, so that means I've been here for 8 months.

          Comment


          • #6
            It depends on what kind of statement did you make on your extension application. Don't do it right away and don't wait for the last day neither. You should be just fine..

            Comment


            • #7
              Hi,
              I have a similar question, my fiance` is due to come to the US in a few months on a tourist visa again and this will be here 5th or 6th time coming here to visit me. I want to marry her when she comes this time and keep her here. Is this possible? Does anyone know?
              Thanks for the help.

              Comment


              • #8
                You can get married on a tourist visa, but it can also be considered fraud, so you need to be careful. First, if they think he is coming in to get married, they may not let him in (so if there is a chance of this you may want to consider a fiance visa).

                Second, when on a tourist visa, you must wait a while to get married, don't get married right away - it should look like the intent was to be atourist, not to get married and stay here.

                There should be no problems otherwise.

                (From my understanding)

                Comment


                • #9
                  although you can overstay and then marry, without a doubt it is better to to stay legal - so get married on the tourist visa and then file for AOS!

                  (or consider fiance visa)

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