Do I still need a US spouse visa?

Question

My fiance is an American citizen and we wish to get married in my country. I have, however, a tourist visa. I browsed through the embassy sites and it says one needs the spouse visa to reunite with the spouse in the US while waiting for the petition to be approved.

However, my friend says I should skip the spouse visa and just enter the US on tourist visa and change my status while I'm in the US? Is this true, legal and possible?

Answer 1

Yes, you can do that. Just don't tell them that's what you plan to do.

Answer 2

That would be a bad idea.. If you want to marry in your country, then you can do that, but, you can't go back to the US until the spouse visa is completed. Your fiance/husband would have to return to the US after the wedding, without you, and file the I-130. That'll get the ball rolling and depending on how fast you send the paperwork in, you may be back in the US with a conditional green card in about 6 months..

You more then likely will not be able to come to the US to visit while waiting for it, as you will have stronger ties to the US. BUT, your husband can visit you in your home country while you guys wait it out..

Here is the I-130 information that he'll want to file as soon as possible after the wedding..

http://www.uscis.gov/portal/site/uscis/m...

Here is form I-864 that will be sent to him after your approval notice on I-130..

http://www.uscis.gov/files/form/I-864.pd...

That is the affidavit of support.. He has to sign that and provide evidence that he will prevent you from becoming a public charge. Here are the poverty guidelines that he would have to meet to be your sponsor..

http://www.uscis.gov/files/form/I-864P.p...

After that, you'll eventually get the DS 230 and an interview date..

http://www.state.gov/documents/organizat...

I would suggest reading through all of that to make sure you have all the documentation you will need. A lot of our wait time on my husbands immigration was waiting on his country to issue a birth certificate.

Best of luck..

Answer 3

What your friend is suggesting is technically illegal. However, as long as you get the tourist visa before your marriage you will not actually be lying on your application and you can do it.

Answer 4

Technically you can enter the US on a tourist visa, get married and change status while in the US, but that's only if you did not have any intention to get married at the time you entered the US. Otherwise it's immigration fraud. So based on your post, you don't qualify to do that, and I don't recommend you try, as you can be barred from entering the US for up to 10 years for that kind of stuff.

If you wish to get married in your country, then I'm afraid that if you wish to move to America, you'll need a spousal visa as you were told. However, it's OK to visit the US while your immigrant visa is processing; likewise it's OK for your husband to visit you abroad, so you don't have to stay separated for long stretches of time.

Answer 5

The information in the State Dept. website is 100% correct. If you marry in  your country, you will need a spouse visa to enter the U.S. after the wedding. You are not likely to be considered a visitor for pleasure in the U.S. once you are married to a U.S. citizen who lives in the U.S.

After all, who "visits" their spouse? I believe you would have a very difficult time convincing any border officer that you are only going to stay in the U.S. temporarily so using your visitors visa to enter the U.S. would not be very wise.

If you entered the U.S. with your visitors visa and tried to adjust status to lawful permanent resident, you would be creating a presumption of fraud in the application for admission as a visitor in that if the truth had been known at your time of arrival, it is very unlikely that you would have been admitted.

Your best bet is to follow the advice found in the website and follow the proper procedure for obtaining permanent resident status. Try not to start out your new life in the U.S. by being sneaky.