Question:

I`m here in US with tourist visa , my visa will expire in 2 months , can I stay here if I apply for marriage?

by Guest64884  |  earlier

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I`m here in US with tourist visa , my visa will expire in 2 months , can I stay here if I apply for marriage with a US citizen ?

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  1. You need to apply for a fiance visa (K-1). Check out this site: http://travel.state.gov/visa/immigrants/...


  2. The validity period of your visa has nothing to do with how long you can stay in the U.S. It is the I-94 that controls how long you can stay. Look at your I-94 to see the expiration date of your authorized stay.

    Marriage to a U.S. citizen will not cause the expiration date on your I-94 to change. However, your spouse can petition for you to become a permanent resident. If she does, and you are still inside the U.S., you can apply for adjustment of status.

    So, yes, you can try to stay longer if you marry a U.S. citizen, but you will have to apply for permanent resident status after the wedding.

  3. This can be kind of dodgy sometimes. You can AFTER you get married. which if you do, i suggest doing it soon within the 2 months. BUT when applying etc, you may have to prove (which is hard) that you had no intention of staying in the country  etc...that you just fell in love and wanted to get married. the safest way is to go back to where you are from, and apply for a fiancee' visa. it takes a while (epically depending on where you are from etc, but usually takes a few months).  If you stay during this visit and do marry etc, you dont have to , but i would look into getting a lawyer (if your financial situation allows for it). visajourney.com is a great website with lots of info and a message board with tons of helpful people going through the same/similar things. good luck.

  4. what kind of tourist visa?..if you are here on the visa waiver program then that is not a visa.  But if you marry and file the I-130 and I485 before the visa waiver expires you can stay and use the receipt as proof of processing.  i never advise that though, its sketchy to me and looked down upon by immigration, but still technically legal.  if you are here on any other type of real visa, besides the J1 then you can marry and file the I-130 and not leave also, but you have to be under process before it expires which means a really quick wedding and a race to get the filing done and a receipt received before the 2 months.  the right thing to do however is to return to your home country and have your fiance file an I-129f fiance visa, then once you have the visa you come here and get married.  just cover all your bases

  5. Not on a tourist visa...sorry.  You would still have to return to your country after the marriage.  You can't adjust status on a tourist visa.

  6. After you marry a US citizen, you can stay with your spouse  to apply for immigration

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