Q: HOW LONG WE HAVE TO WAIT TO GET MARRIED WITH A TOURIST VISA?
I am a US citizen living in Florida and my fiancee has just began living with me, she entered the country a month ago with a tourist visa, can we get married shortly after she entered the country or we have to wait 60-90 before doing the marriage ceremony? she wants to do the change of status here in the US, we just got a marriage license but we were told by friends that is too soon ?
A:
You can get married as soon as you'd like after your fiancée enters the country on a tourist visa. There is no legal requirement to wait 60-90 days before getting married. However, it's important to consider the intent behind her entry into the US. If it appears that she entered with the primary intention of getting married and adjusting status, it could be seen as visa fraud by immigration authorities.
For your fiancée to adjust her status from a tourist visa to a green card holder, the process must be done carefully. She should apply for adjustment of status after the marriage. This involves filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) along with other required documentation.
It's wise to seek advice from an immigration lawyer to ensure that all the paperwork is filled out correctly and that you're fully aware of all the implications of this process. Immigration laws can be complex, and professional guidance can help avoid any potential issues.
A: The issue is one of intent. If a visitor on a tourist visa enters the US with the intent to visit but changes her mind and wants to get married, that is permissible. But if she entered the US with intent to adjust status after marriage, that is a no no. It’s based on an honor system but you have to tell the truth. I would wait until 90 days because it makes it look suspicious that you are taking things so fast. There is no real strict adherence to a 60/90 day rule.
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