getting married in the US with a tourist visa

[bachoy0819]

anyone po who had the same situation or anyone who knows the pros and cons of getting married in the US with a tourist visa?

[SweetCandy]

Cons - I think they might deport you back here and make you wait while they process your status

or if you're lucky... they can let you stay there...

I'm actually thinking about this too because of my situation.

[morbiedoll]

cons - can be a ground for Fraud. See when you apply for a tourist visa, you tell the consulate that your main purpose for travel is to tour or sight-see --and nothing else, not to marry, get a job, go to school etc etc basically you assure them that you're not out to be an immigrant or seek citizenship. I doubt they'll believe in love at first sight.

or sabi nga ng post sa taas, maybe you'll be lucky and get away with it. doubt it though.

[lyn]

hi bachoy,

The Cons: (if your intention is to migrate after the wedding here, also the status of who you are marrying too counts)
-Like other sis here said grounds for Fraud
-If found out they will/might deport you
-When apply for an AOS you will be denied
-If you're denied AOS you can't work
-Your time will be wasted then just staying at home, not unless you work under the table.
-You will always look back on your shoulder, always on guard. Ohhh...the stress.

The Pros:
-You will be with your hubby

Now, there's a clause I forgot where (sorry) that tourist visa has more leeway in adjusting their status. I know of someone who married someone (a US citizen) in the US and was successful in their adjusting of status (AOS), it was approved. But this is only depending on the status of your husband. They are more forgiving if your hubby is a US Citizen. But if not only an LPR, you'll be denied and be process for deportation. And from what I understand sa other thread sis your Hubby to be will only be an LPR once his petition will be current.

Also, if you just marry there in US then go back...hmmm...it might be okay but a little hazy. Kinda tricky...'Coz like they said when you were granted the tourist visa it is usually used to tour, vacation, for leisure, not get marry. Especially if you're marrying an LPR or a US citizen (that means you need to live with him, migrate), that also means you have an intention to migrate and you use your tourist visa to get it. So that's fraud.

But I know all of us here knows or heared of someone who did this, but I don't advice/condone anyone to do it. I just don't wanna risk it. And the stress will kill me. LOL!

But as they say, it's your choice. Your decision. So choose carefully and wisely.

[lyn]

Addition:

Sis just wanna say, if you marry your H2B and stay here in US. And since LPR palang h2b mo. Pag nag aadjust ka sa status mo. Denied yun. But if your h2b is a us citizen na and when you file for adjustment of status valid pa yung tourist visa mo, you can AOS here sa US. They are more forgiving if the spouse is a US citizen. Pag LPR lang and nag AOS ka dito, you will surely positively get denied. Not unless hubby turns USC during the validity stay of your tourist visa, which is unlikely.

I know someone who married a US citizen, tourist visa cya entering here and was approve her AOS and got her GC. Also know someone who married LPR lang and they AOS and was denied and received a letter of deportation. And was ban to enter US for 3 years. In order also for them to be together they have to file I-130 and the spouse need to go back sa PI to await the petition. Also they have that 3 years ban. I don't know if they appeal and also submitted a waiver for the 3 years ban.

I hope my post helps and answered your questions.

[bachoy0819]

thanks sa reply sis! 
atually po where thinking of doing the
CR-1 petition, pero question ko din po is kapag LPR pa lang hindi pa pwede magfile ng CR-1 petition db? unless USC na si H2B? no intentions of overstaying in the US mga sis.. just thinking of other options to be with H2B...

[lyn]

^Yup sis USC kailangan si H2B mo, pag LPR palang cya yung I-130 petition ninyo is categorized as an F2A. But if he becomes a USC, he can upgrade the petition to CR1 or IR1.

Here's some LINKS:
http://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas

and: http://www.immigrationlinks.com/news-archive/family-unity/1819-immigrant-visa-for-a-spouse-ir1-or-cr1

[bachoy0819]

ah ok... hehe and matagal yung waiting time bago sya maging USC db? pero sa LPR 6 months lang po for him to receive his green card.. correct me if im wrong po ha. and also, ano kaya estimate waiting time ng F2A petition? sorry po kung marami tanong... thanks mga sis!

[lyn]

^Your Hubby to be's category is F2B right?

Once pag tung2x nya sa US, LPR (Legal Permanent Residence) na cya. Green Card holder. His visa on the bottom may fine print that say: "Upon Endorsement serves as temporary I-551 Evidencing Permanent Residence for 1 Year."

Before kasi sa immigrant visa once they arrive at the POE they were given a stamp of I-551 temporary for 1 year. Now it is state na sa visa mismo nila.

pero sa LPR 6 months lang po for him to receive his green card..

And usually he will get his welcome letter in the mail a week or two after his arrival in the US then a month or so naman mare-received nya yung Green Card nya.

matagal yung waiting time bago sya maging USC db?

If he can maintain a 5 years of residencial presence here in the US, then he can apply to become a US citizen. And the process only takes about 3-5 months. On the day he take his oath/pledge. He can file a petition for you. And since he is a USC na, your petition's category can be CR1 or IR1 depende which route both of you choose.

ano kaya estimate waiting time ng F2A petition?

From what I observe base sa mga timelines sa VJ it usually takes 2-4 years. (Average, it varies kasi) Some can be finished as early as 2 years some naman almost 5 years.

No worries sis, glad to help. And you're welcome.

[bachoy0819]

hi sis lyn!

just need some clarification, found this in VJ...

http://www.visajourney.com/forums/topic/205062-anyone-lpr-who-file-i-130-for-spouse/

so does it means na even if you're a LPR pwede na mag CR-1?

[lyn]

^I browse thru the link sis. Ang dami pages 1- 182, that's a long topic. Whew..

Anyway, from what I gleen on there. Wala naman nakasabi doon that if LPR your category is CR1.

What I see/read is that, they are all F2A categories and waiting time of process is 4-5 years waiting.

Some of them that upgraded is processing for CR1/IR1 category, bec their spouse just turn into a US citizen. So if LPR tapos naging USC they can upgrade to CR1/IR1 category.

Maybe you get confuse bec a USC and LPR file the same forms which is the I-130 form. And the steps to follow on processing are the same it's just that the LPR wait a long time for their petition to be approved and completed.

There's one Vjer's there that is also a member here in GT P!lya yung username nya.

[bachoy0819]

ok thanks sis! [textspeak!] a better way to do is wait for H2B F1 petition to be approved then go with him sa US with my tourist visa then file for extension of stay para mas matagal ko makasama si H2B then uwi dito sa pinas before my length of stay pass then wait for H2B to be a USC tapos once na USC na sya go to the US to get married then H2B will file a CR-1 then uwi ako ulit sa pinas bago magexpire [textspeak!] stay ko sa states and wait for CR-1 to be approve... what you think sis?

sorry kung mejo mahaba...

[lyn]

^I think that would be fine sis. How long is your tourist visa's validity? Hopefully you can renew it, just in case your h2b's F1 petition would take a while to be case complete and have his medical and interview schedule since F1's VB is 15DEC94.

And at least sis you can be with your H2B with your tourist visa.

Best of luck sis.

[JINJIN:*]

^I think that would be fine sis. How long is your tourist visa's validity? Hopefully you can renew it, just in case your h2b's F1 petition would take a while to be case complete and have his medical and interview schedule since F1's VB is 15DEC94.

I might be doing the same thing.

Tourist visa muna, then pakasal sa New Jersey with my partner, pero boyfie is a USC na. So do I need to exit US or pano ba yun?

I really want to be with him na, finish contract na kase ako. kaya kahit na maganda ang work ko dito hindi ko na irerenew kase mas importante saken na magkasama kami, kahit pa six months six months lang ako sa US. Its hard to find to love at my age kaya kahit na isakrepisyo ko na ang work ko eh sige na lang tutal it is everyone's American dream ika nga.

[KarenMonroe]

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