Marrying on a tourist Visa -- good or bad?

[lit]

Hi folks,

 

First entry. Leaned a lot from CFL. Thanks for the gathering and sorting of info and especially personal, true, experience shared.

 

I met my fiancé while studying in the US. We were engaged at the time but not married (now regret). Because I am under the 2-year-homecountry-stay rule, due to a previous J1, we have been separated for more than a year now (only saw each other twice by traveling). We are looking forward to the day that we will finally be together.

 

So as to the visa, K-1 visa seems obvious, a little slower and less securer than CR-1 as I have read. A headache is the CCP problem. A better chance of such relief could be attained by marriage as read.

 

Another option is for me to fly over (I do have a B1/2 available), get married, and then return to China, and wait the two years out, while waiting for CR1. It does seem that CR-1 has a better chance than K-1, especially with the CCP complication.

 

Different sayings have appeared online. Some say it's a visa fraud by marrying on tourist visa. Some say it's alright as long as don't apply AOS right away, just go back to home country. Some say it will "look bad" and give a hold to the authority.

 

I personally don't mind fly over at all. But is it really helping by getting married?

 

Thanks ahead~

[Randy W]

You may get married at any time, anywhere - it will NOT affect your Immigrations status.

 

You seem to know the rules - you need to satisfy the conditions of your J1, and you need to NOT enter the country on a Visitor's visa with the INTENT of staying after getting married.

 

Based on what you say here, the course for you to take seems obvious - get married - WHEN and WHERE YOU CHOOSE. Return to China before your stay expires. Once the J1 conditions are satisfied, your fiance may file the I-130. By the time all this transpires, you will be eligible for an IR-1 visa (automatically from the I-130 application), which will give you a 10 year green card once you've entered the U.S.

 

I believe the 2 to 3 years as a married couple prior to entering the U.S. will give a MUCH better impression to Immigrations than simply waiting in the wings for a K-1.

 

Your circumstance, to me, seem ideal - except, of course, that you must be separated for so long because of the J1 and the CCP issues.

[dnoblett]

Marrying while visiting on a B-2 is not fraudulent, what tends to be fraudulent is then promptly adjusting status that is overstaying the visit visa and applying for a green-card, what comes into play is what the INTENT was when visiting on a visit visa, was it to visit, or was it to immigrate?

 

In your case marriage while visiting is perfectly fine, just be aware some states or jurisdictions may have a restriction on applying for a marriage license, they may require that both parties in the marriage have a Social Security Number, which can pose a problem for a visitor.

 

There is another member on the board that had the J-1 and CCP issue that went through the process.

 

http://candleforlove.com/forums/topic/37997-ccp-roll-call-have-they-been-asking-every-time/

 

http://candleforlove.com/forums/topic/41784-timing-a-blue-slip-response-on-a-time-based-issue/

[lit]

Thanks a lot for the additional information. I have SSN for the professor in US wants to pay me student stipend. So that should be ok.

 

Marrying while visiting on a B-2 is not fraudulent, what tends to be fraudulent is then promptly adjusting status that is overstaying the visit visa and applying for a green-card, what comes into play is what the INTENT was when visiting on a visit visa, was it to visit, or was it to immigrate?

 

In your case marriage while visiting is perfectly fine, just be aware some states or jurisdictions may have a restriction on applying for a marriage license, they may require that both parties in the marriage have a Social Security Number, which can pose a problem for a visitor.

 

There is another member on the board that had the J-1 and CCP issue that went through the process.

 

http://candleforlove.com/forums/topic/37997-ccp-roll-call-have-they-been-asking-every-time/

 

http://candleforlove.com/forums/topic/41784-timing-a-blue-slip-response-on-a-time-based-issue/