what i need to marry Chinese woman here on visiting Visa

[rww48ser]

Hi Everyone: hope someone can help. I have communicated with my girlfriend for about 6 months on QQ. she finally came to America in February. She is now living with me. Her Visa expires in July. we want to marry in May. What do I need to do to marry her and keep her here. thanks to anyone that can help.

[newacct]

You don't need to "do anything" in order to marry. Marriage in the U.S. works the same way regardless of status. Just have ID.

 

After marrying, apply for Adjustment of Status. The main forms are I-130 and I-485, and optionally but recommended also I-765 for EAD and I-131 for Advance Parole. Each form will have many required documents (e.g. her birth certificate, your proof of citizenship, evidence of bona fide marriage) and supplementary forms (like I-864 Affidavit of Support, I-693 medical, G-325A biographical information, etc.). Make sure to read the instructions to know what you need. There are many checklists online. Someone made an unofficial guide here that seems decent.

[Randy W]

Hi Everyone: hope someone can help. I have communicated with my girlfriend for about 6 months on QQ. she finally came to America in February. She is now living with me. Her Visa expires in July. we want to marry in May. What do I need to do to marry her and keep her here. thanks to anyone that can help.

 

 

You may wish to speak with a lawyer with regards to her immigration status. Most will advise that she return to her home country and await the processing of the I-130 to avoid any complications due to intent on the visitor's visa. Visitor's visa are predicated on the intent being to leave before the expiration date.

[Dennis143]

Bullshit. Get married. File the necessary forms and live happily ever after. I've seen it too often, a person overstays, marries a GC holder or citizen and is given a 10 year green.

 

Speak to a lawyer if you must, but stay put and don't leave the country.

[Randy W]

Being prepared is NOT bullshit - http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

 

There is also talk of a 60-90 day rule and other factors. Just be prepared.

 

Yes, you can get married anytime, anywhere without repercussions. Just be aware of her immigrations status.

[dnoblett]

Some states require both parties to have SSN before they will issue a marriage license, this is one reason a K-1 fiancée is alliwed to get a SSN.

 

Again as randy says you can run the risk of a denial if the USCIS officer despises that you used a visit visa to get around the normal K-1 or spouse visa process.

 

I do have a few friends who came here on student visas and got married, this tends to not have the intent issue, they came to the states to study.

[Randy W]

That being said, even a deportation order from the USCIS is often not as big a disaster as it may sound. It is handled through ICE (Immigrations and Custom Enforcement) and the Immigrations Courts, and often results in a court-ordered adjustment of status.

 

Talk to a good immigrations lawyer.

[Greg.D.]

Again as randy says you can run the risk of a denial if the USCIS officer despises that you used a visit visa to get around the normal K-1 or spouse visa process.

This is the key. One thing I have learned all over the net in the last year is that getting married on a tourist visa is shooting yourself in the foot. Because, you have, on record, one certifiable "lie" to the US Embassy (when she interviewed for her visa). Now, maybe she was not asked if she would get married on her visit - so she didn't lie specifically about that, but she did say she would return.

 

I am open to reading examples of couples who have done just what you wanted to do and were successful. They still want to know that it is a bonafide relationship. So, you could end up married but separated a long time.

Again, I would like to hear examples that getting married and receiving a green card has gotten easier!

 

Greg

[Randy W]

 

Again as randy says you can run the risk of a denial if the USCIS officer despises that you used a visit visa to get around the normal K-1 or spouse visa process.

This is the key. One thing I have learned all over the net in the last year is that getting married on a tourist visa is shooting yourself in the foot. Because, you have, on record, one certifiable "lie" to the US Embassy (when she interviewed for her visa). Now, maybe she was not asked if she would get married on her visit - so she didn't lie specifically about that, but she did say she would return.

 

I am open to reading examples of couples who have done just what you wanted to do and were successful. They still want to know that it is a bonafide relationship. So, you could end up married but separated a long time.

Again, I would like to hear examples that getting married and receiving a green card has gotten easier!

 

Greg

 

 

 

Do your own research there (read the link I gave above, for one) - it has NOT gotten easier. There is simply a better AWARENESS of the actualities of cases where people have done exactly that.

 

Yes, you could end up being separated a long time. That is why a lawyer who can look over ALL the circumstances of your case (including the climate in the local immigrations courts) is a better source of advice than an online discussion forum. Circumstances change, and someone who is aware of ALL your circumstances is better able to judge the best course of action.

[newacct]

Because, you have, on record, one certifiable "lie" to the US Embassy (when she interviewed for her visa). Now, maybe she was not asked if she would get married on her visit - so she didn't lie specifically about that, but she did say she would return.

 

You don't know if there is a "lie". Just because someone decides to stay now does not mean they intended to stay when they got the visa.

 

[dnoblett]

I have seen a few cases on VJ where if the POE officer suspects that the visitor is possibly intending on immigrating, they some times have the visitor sign a swarm statement at the POE and then use this later if they do attempt adjustment of status.

 

An example of this:

http://www.visajourney.com/forums/topic/479053-questioned-at-poe-cbp-said-no-aos/

[ameriken]

 

Because, you have, on record, one certifiable "lie" to the US Embassy (when she interviewed for her visa). Now, maybe she was not asked if she would get married on her visit - so she didn't lie specifically about that, but she did say she would return.

 

You don't know if there is a "lie". Just because someone decides to stay now does not mean they intended to stay when they got the visa.

 

 

 

Maybe true...but it doesn't matter what the person intended, what matters is what the IO 'thinks' they intended. Even if the IO is completely wrong in judging intent, their decision is final.

[warpedbored]

 

Maybe true...but it doesn't matter what the person intended, what matters is what the IO 'thinks' they intended. Even if the IO is completely wrong in judging intent, their decision is final.

This is the crux of the matter. Pretty much what everyone told you is true. Dennis is right that there very likely will be no repercussions. There is risk though. It boils down to two things. Intent and whether or not the interviewing officer believes that intent. If she came here on a tourist visa with the intent of visiting then going home but fell madly in love and can't bear to be apart after she got here, then that is perfectly legal. If she came here with the intent to circumvent the visa process then that is fraud and could cause all kinds of problems.

[tsap seui]

Shit, once she's here have her just go to an American Embassy (or wherever they do this stuff) in your local and have her tell them she is afraid of China and ask for asylum. They will give her a green card, and a card for free medical care. You can marry her later. That seems to be what most of the Chinese women Wenyan has met have done. They all did this in NYC. I'm positive the same thing is being done on the left coast, ask for asylum, get a free pass to go past GO and free medical care. No problem.

 

And here I wasted all of that money and effing time trying to do it the "proper way". Whata dumbass I was. I shoulda been working on gettin' her a tourist visa. No stinkin' I-864, no bullshit with idiots in Guangzhou...hell we waited three years to get married as it was. I am so damned stupid sometimes, I even surprise myself how stupid I can be at times. At least I made some friends on Candle while I waited...and waited.

 

tsap seui

[Thomas Promise]

Patience.