Already has a visa

I know this has probably been discussed but, I can't remember the answer. Let's say a woman from a foriegn country already has some sort of visa and is in the United States legally. Then she meets a man in the U.S. Does she need permission to marry him or can she marry him and then adjust the status to the appropriate visa?

[Lostagain]

So far our federal government has not elected to control who we can marry. States issue marriage licenses and all you need in most is to have a valid identity document and be of the opposite gender from the person you propose to marry (though the latter is in controversy in some locations). You don't have to have any authorized immigration status to "tie the knot."

Once married, if you status is legal, you can petition for a change of status, but in some cases you must leave the country and reenter with the new resident visa, once issued. It depends on your status here at the time you try to change to a resident visa.

[slyry75]

I have heard before if say a woman enters the US on a student visa and then marries a citizen, there could be problems since she didn't come on a fiance visa. They might investigate it as fraud for coming over on such a visa and then getting married. I don't know, I read something about this before.

[Lostagain]

Yes, they could claim fraud, but how in the heck are they going to prove it if it is even remotely legitimate? Are they going to claim that the underlying visa was fraudulently obtained; that she really didn't come here to study, but to marry someone she didn't even know yet? That's a pretty hard burden to meet. Unless of course, she's so stupid she told the world of her intentions. Visa fraud in most instances is very difficult to prove and it is in only the most outrageous cases that the government bothers to prosecute.

bumping an old thread here so sorry in advance.

My question is more detailed then above. My gf has a tourist visa. We are trying to figure out the best, easiest, and fastes way to be married and her be a resident.

Anyone have an idea of how this will work. I am hoping she will not have to go thru the visa process and wait in SA for 8 months. I would think since she has a tourist visa that would make it easier.

Anyone?

[GrizGator]

I don't know for sure....this is a good question for Bala. However, I do know that the U.S. government frowns on "tourists" marrying while they are in the U.S. So, no, I'm not sure that a tourist visa does anything for her.....except cause a problem if she marries you here. Why not just go through normal channels and either bring her here on a K-1 or marrying her in Colombia and do the K-3 process? Yes, it takes time.....but all of us (who've married someone from another country) have had to deal with it. Things have changed a lot in the past few years with IMBRA, world events, etc......so nothing is as easy as it used to be with regard to visas and permanent residency. Good luck in finding a way around normal channels.

PS - if you want a better answer, I'll recommend as I always do....go to VisaJourney.com. Surely there are many folks there who have a similar situation.

Big E and Griz,

Thanks for your responses. The most important thing is that I do it the right way,

Griz, of course I could do it like you did and do the normal K-1 or K-3 but why if I dont have too? That is what my question was.

The best thing is to consult an attorny but I wanted to ask here and see if there is anyone with first hand experience with this specific issue. I have recieved a few PM's that are informative as well as you two. Thanks!

If anyone else has a suggestion I would appreciate it.

Recon

[Bala]

I normally do not recommend that people get married under a Tourist Visa or Tourist Visa waiver, unless you know exactly what you are doing. While not impossible to adjust status, it is tricky and filled with risky pitfalls, and it has only become more difficult in recent years and days.

Do it the right way.

Under no circumstances should the lady tourist visa holder (or tourist visa wiver holder) leave the USA for honeymoons, etc. after any U.S. marriage.

Read this horror story today (04/07/2008) on MSNBC:
96 year old man cries: "I need her home, bad."

Immigration separates 96 year old man from bride.
http://www.msnbc.msn.com/id/23991205/

[HonkyTonk]

Solid advice from somebody who knows immigration law...as well as the pitfalls of doing it the wrong way. Gary doesn't get paid to give us free advice. What other currently practicing lawyer does? Think about it...

Thanks for taking the time out of what I'm certain was a very busy day to guide those of us who are completely law challenged

Tonk's on the money --- BIG Kudos to Gary for offering up free solid advice.

We thank you Gary!