Before contacting a lawyer for process specifics. I'm considering marriage to a woman, (with whom I have been in contact for some time), who will be visiting her sister and brother-in-law on a tourist visa. If we were to marry during her visit, would she have to return to her country, and what would be the next step necessary to establish permanent residence in the U.S.?
Although not mentioned in your question, I assume you are a U.S. Citizen. Generally, a U.S. Citizen may marry someone who entered the U.S. with a visitor's visa, and then sponsor her in the "Immediate Relative" visa category so the foreign national spouse may "adjust status" to become a Lawful Permanent Resident (to get a "Green Card"). If the marriage takes place and the petitioning begins fairly soon after the foreign national entered the U.S. with a visitor's visa, however, then the USCIS may suspect "visa fraud" - entering with a visa that is exclusively for people who intend to stay temporarily and then return abroad, while actually intending to become married and stay permanently. It would be wise to engage an immigration attorney to learn all of the relevant information about the foreign national and the plans to marry, in order to be able to advise about eligibilities, options and strategies, and to assure that the adjustment of status process is handled properly and is fully documented. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Yes, you can marry an alien who entered the US with a tourist visa, And, on the basis of such marriage, you can file a petition and other necessary documents with CIS for her to obtain a green card. But, note that the process of getting a green card involve careful consideration of several factors including whether you, the US citizen is eligible to file petition, and whether the alien is eligible to get a green card. These issues are many and cannot be satisfactorily discussed in detail in this forum. You must therefore consult with a well recommended immigration attorney.
If she marries within the first 90 days of her arrival, USCIS could suspect she entered the US to get married, which would indicate fraud in entry. Regardless, if you are a US citizen, you can file a visa petition for her after you are married. She can then file for adjustment of status without going home. You should consult an immigration attorney as the forms and documents required are complex.
If a USA citizen marries a person who is here on a visitor visa, that person can stay here while the paperwork for a green card is pending with Homeland Security.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.