Q: I need some clarification on the best route to take regarding us immigration for a none US citizen (marriage/fiance)
I am a UK citizen on a tourist visa in the USA visiting my partner, he is a legal us citizen.
We wish to get married and I want to stay here with him in the US (or spend as little time apart as possible)
I don't know the best route. I've read about K1 and CR1 but I worry about marrying in the US on a tourist visa (I'm in the last 30 days and have never overstayed)
Our hope for the outcome is to be married, for me to be able to stay in the US (or return as fast as possible) and for me to be able to legally work here so we can continue our lives together.
A: How very exciting! Generally, it is completely fine for someone to marry and adjust their status here in the United States on a tourist visa. The issue you could potentially deal with is fraud/misrepresentation. You could be accused of this if your intent when you entered on your tourist visa or when you applied for the visa was to stay, and you made a misrepresentation on your application or to a CBP officer. However, if you entered and then later decided that you wanted to marry and stay, it is generally not an issue (although I always prepare my clients to answer questions regarding this issue just in case). I would definitely consult with an immigration attorney just to make sure there are no other potential issues. Also, if you want to be as safe as possible I would go ahead and file the application prior to your stay expiring if at all feasible. That way, you do not accrue any unlawful presence while your application is pending. If you file after your stay expires, just be aware that if you accrue more than 180 days of unlawful presence, you would be subject to a bar and would need a waiver if you ever left the U.S. prior to become a permanent resident. Feel free to reach out for a consultation or follow-up. Good luck on your case, and congratulations!
A: There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
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