Can one get married in U.S. on a tourist visa?

[canrun]

Dear friends: I have a gentleman's bet with my American friend here in China. He says a Chinese person (let's say a lady) can travel to the U.S. on a tourist and marry an American (man). I say this is fruad and can lead to expulsion and/or jail for one or both parties. I've seen this answered elsewhere on this forum, but can't seem to convince my friend. Please tell if this is legal and- if not- what are the legal ramifications. If SO, how can one go about doing this? Thanks you! Aaron

[shutterme2]

Dear friends: I have a gentleman's bet with my American friend here in China. He says a Chinese person (let's say a  lady) can travel to the U.S. on a tourist and marry an American (man). I say this is fruad and can lead to expulsion and/or jail for one or both parties. I've seen this answered elsewhere on this forum, but can't seem to convince my friend. Please tell if this is legal and- if not- what are the legal ramifications. If SO, how can one go about doing this? Thanks you! Aaron

194209[/snapback]

I think your friend needs to listen to your advise

[tigress]

they can get married in the u.s. but the chinese citizen cannot stay there longer than his/her tourist visa permits. the chinese citizen will have to return to china and apply for an immigrant visa.

[canrun]

they can get married in the u.s. but the chinese citizen cannot stay there longer than his/her tourist visa permits. the chinese citizen will have to return to china and apply for an immigrant visa.

194213[/snapback]

These are two VERY different replies, to say the least! Thanks for the responses...it's a "draw" so far. Any further clarification is MOST appreciated! I have a Pi Jiu riding on this. Ha!

[Guest pushbrk]

they can get married in the u.s. but the chinese citizen cannot stay there longer than his/her tourist visa permits. the chinese citizen will have to return to china and apply for an immigrant visa.

194213[/snapback]

These are two VERY different replies, to say the least! Thanks for the responses...it's a "draw" so far. Any further clarification is MOST appreciated! I have a Pi Jiu riding on this. Ha!

194229[/snapback]

I expect you will get further responses. Both responses are technically correct, as far as they went but both were based on assumptions.

 

The first response assumes (probably correctly) that the Chinese citizen obtained the tourist visa with the intention of marrying a US citizen with whom they had already established contact or a relationship. This would most likely be deemed visa fraud and the Chinese Citizen is subject to a possible ten year ban on entering the USA.

 

The second response assumes the tourist visa was obtained without fraud and that while in the USA the tourist met a US Citizen, fell in love and got married. This is not visa fraud but the burden of proof that it isn't is on the Chinese Citizen.

 

Here is one among many references to support your position.

 

http://www.nolo.com/product.cfm/ObjectID/E...eChapter/3/118/

[stacato]

Dear friends: I have a gentleman's bet with my American friend here in China. He says a Chinese person (let's say a  lady) can travel to the U.S. on a tourist and marry an American (man). I say this is fruad and can lead to expulsion and/or jail for one or both parties. I've seen this answered elsewhere on this forum, but can't seem to convince my friend. Please tell if this is legal and- if not- what are the legal ramifications. If SO, how can one go about doing this? Thanks you! Aaron

194209[/snapback]

This is something that I did 25 years ago. I was in the US on a tourist visa. I stayed longer then my visa permited and fell in love with a US citizen (Now my X.....) anyway, I got the green card and subsequently the citizinship without having to leave the US. I don't know if the laws changed since then, but this is what happened to me.

[Randy W]

If you meet, fall in love, and get married while on a tourist visa, that is completely legitimate.

 

If you knew each other ahead of time, you have an obstacle to overcome in the form of an IO (immigration officer) who may form the impression that you came to this country with the intent to marry. This obstacle comes at the time of the AOS interview, and is highly subjective based on the IO's interpretation of your situation.

 

If you can't demonstrate that your intent was NOT to get married, you should consider leaving the country and applying for an immigration visa.

 

Marriage is legal under ALL circumstances, although some localities may require more documentation than a tourist could provide. Using a tourist visa to get married is not.

[david_dawei]

Probably the most shocking part of this is that I've heard too many stories of tourist visa holders getting married and then filing the adjustment of status, staying in the US and getting the greencard... and in many cases (if not most of the ones I know), the person overstayed the tourist visa by quite a while, even over a year.

 

In some cases, getting married during the overstay, filing during the overstay and getting the greencard. If you ask any of them, they will say it is a piece of cake and don't even worry about the overstay.

 

All this tells me is that maybe the law, while clear in it's intent, is not enforced as much as we would like to believe...

[frank1538]

Getting married in the US is one thing. Staying in the US is something else.

 

http://candleforlove.com/forums/index.php?...ndpost&p=192293

[tigress]

i dont recommend to take the risk of overstay because what the CIS is likely to do is to ask the chinese citizen to return to china to have an interview at the u.s. consulate, and then the u.s. consulate is quite likely to tell them they are ineligible to immigrate within 10 years as they have overstayed in the u.s. that is the law. i have seen lots of applicants in this kind of situation (some of them even have kids with the u.s. citizen).

[RLS]

I would be interested to know how many actually get deported? From what I have seen and know about in my area, very few, if any. I personally know of several Thai's and Vietnamese who have over stayed their visas by two or more years. They get married, have children and seem to live happily ever after in the good ol USA.

[Guest ShaQuaNew]

I would be interested to know how many actually get deported?  From what I have seen and know about in my area, very few, if any.  I personally know of several Thai's and Vietnamese who have over stayed their visas by two or more years.  They get married, have children and seem to live happily ever after in the good ol USA.

194250[/snapback]

Illegal immigration is heavy on the radar screen both in Washington and state and local governments. Sure, with reports of over 11-million illegal immigrants now in the US something was allowed for it to happen. Bad idea to play around with it these days unless one wants to toy with being deported, permanently banned, or both....

[tigress]

I would be interested to know how many actually get deported?  From what I have seen and know about in my area, very few, if any.  I personally know of several Thai's and Vietnamese who have over stayed their visas by two or more years.  They get married, have children and seem to live happily ever after in the good ol USA.

194250[/snapback]

i dont think those people have legal status in the u.s. if you want your SO to stay legally, it is better to play the game according to the rules.

[david_dawei]

I would be interested to know how many actually get deported?  From what I have seen and know about in my area, very few, if any.  I personally know of several Thai's and Vietnamese who have over stayed their visas by two or more years.  They get married, have children and seem to live happily ever after in the good ol USA.

194250[/snapback]

VISA OVERSTAYS: A GROWING PROBLEM FOR LAW ENFORCEMENT

http://commdocs.house.gov/committees/judic...hju89878_0f.htm

[david_dawei]

filing AOS on a tourist visa, German couple I know need advice.

http://candleforlove.com/forums/index.php?showtopic=8792