Marrying on a Tourist Visa

[Jordan Hildreth]

Hi, I am a 21 y/o Male born in the United States and met a girl that was born in Guyana, but staying in Canada on a Student Visa. She also has a Tourist Visa for the U.S but only lives in Canada and comes to the U.S to visit some of her family every 6 months. We want to get married and have her live in the U.S with me, my question is what is the best way to go about this. Should I have her apply for a fiance visa while she stays in Canada or should we get married in my County when she comes to visit and then apply for a visa. But I believe because she is not going to be living with me until a year later, that immigration might believe this isnt a real marriage, which is why I dont know whether its best to wait until we have the wedding and then apply for a change of status as she lives with me or if we should get married legally now and then apply for her visa.

Thanks.

[Trinity71]

Hi, I am a 21 y/o Male born in the United States and met a girl that was born in Guyana, but staying in Canada on a Student Visa. She also has a Tourist Visa for the U.S but only lives in Canada and comes to the U.S to visit some of her family every 6 months. We want to get married and have her live in the U.S with me, my question is what is the best way to go about this. Should I have her apply for a fiance visa while she stays in Canada or should we get married in my County when she comes to visit and then apply for a visa. But I believe because she is not going to be living with me until a year later, that immigration might believe this isnt a real marriage, which is why I dont know whether its best to wait until we have the wedding and then apply for a change of status as she lives with me or if we should get married legally now and then apply for her visa.

Thanks.

If you marry here and then file for her AOS, she would not be able to leave the U.S. until she receives her conditional green card. Therefore, if she is trying to finish up school first before coming here which I am assuming is why she would not live with you for a year, you could wait a while and then file for the K1. It takes awhile for the K1 to be approved and then once it is and she arrives here you have the 90 days to marry. So maybe a few months into the next year, you could go ahead and apply for the K1 and then by the time it might be approved, it might be closer to your desired timeline. I would check the time frame she would have once the K1 is approved to enter the U.S. That might be the only other thing to be aware of.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71