QUESTION
Can I marry with a tourist Visa if a LPR but plans to travel after marriage?
Asked on Jul 26th, 2012 on Immigration - Texas
More details to this question:
Hi. I have a tourist visa of 10 years. My fiance has recently been granted a Green Card a couple of months ago. Because of conservative reasons, my parents want me to marry him and not live in, therefore, I can't visit him in the US unless I'm married to him because of my parents' fears that I will "live in". So this is our plan: I go there as a tourist, get married to him, stay for the given months then LEAVE the country THEN simply go back to the US after a few months until such time that he becomes US Citizen and I can become an LPR. In other words, I don't have any intentions of changing my visa AFTER marriage but let it remain as a tourist because I just want to go back and forth until he becomes a US citizen. Is all this possible?
7 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Hello. That will be fraud to come in on a tourist visa with the intention to marry.
A Fiance Petition needs to be prepared. A family petition must be prepared based upon the relationship of the petitioner and the beneficiary.
Answered on Aug 14th, 2012 at 3:51 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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He needs to wait five years to apply for citizenship. In addition, if you are married to a resident, you can be denied entry as a tourist even though you have a visa.
Answered on Aug 01st, 2012 at 5:50 PM
You can marry him but you may not be able to reenter the US as a tourist after the marriage because you will be a spouse of a LPR and have presumption of immigrant intent. So you can plan on that, but it is very possible that you will not be permitted to reenter. You also cannot derive any immigration benefits from your spouse immediately after marriage even if you wanted to stay in the US because as a LPR he cannot confer any immediate immigration benefits upon you. It will be about a 3 year wait before you can qualify for an immigrant visa as a spouse of a LPR or about 6 years if you wait for him to become a US citizen first.
Answered on Jul 31st, 2012 at 9:23 PM
1 Award
Lying on your visa application is one of the worst things you can do for your immigration status.
Answered on Jul 31st, 2012 at 3:01 PM
Immigration & Naturalization Attorney serving Olympia, WA
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Seifert Law Offices PLLC
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It sounds like you have thought about some of the strategies involved. What you suggest might be possible. However there are many things you have not thought in this scenario. I think it would be a good idea to have a meeting with an immigration lawyer to discuss these questions.
Answered on Jul 31st, 2012 at 2:45 PM
Rebecca T White
This may work, but you will need to be very prepared to show non-immigrant intent each time you visit, and have your home ties very well documented.
Answered on Jul 31st, 2012 at 2:39 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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It is possible but you must convince immigration that you only intend to visit and return home until you are permitted to stay permanently. Your husband should submit an I-130 petition on your behalf right after marriage. It will take him about 5 years before he can apply for citizenship, whereas an I-130 petition submitted for a spouse of a permanent resident only takes about 3-4 years.
Answered on Jul 31st, 2012 at 2:34 PM