Thai GF come to US on tourist visa and then get married?

[lukeskywalker]

I'm sure this has been asked a million times before, but trying to find the exact answer is difficult.

My Thai GF has already been given a 10-year tourist visa to the US (she visited for a month earlier this year). Now we want to get married (and live in USA).

Does she:

1. Come here on her tourist visa, and then we get married?

2. Get a fiancee visa while she's still in Thailand?

3. Some other option?

Thanks much!

[Thanyaburi Mac]

No problem with getting married in the U.S. while on a Tourist Visa, that's what we did a few years ago, then returned to Thailand. A problem may well come up, tho, if the new wife then applies for Adjustment of Status and wants to remain in the U.S.

Suggest you do a search on this forum for: adjustment

I just did that, lots of hits for you to review.

I'd think either a Fiancee visa or after getting married and returning to Thailand, an IR-1 visa would be the best, if rather lengthy, options.

Take a wander through the www.visajourney.com web site, lots of info there.

Below a cut & paste from some earlier traffic on this subject.

Mac

http://www.thaivisa.com/forum/topic/556318-what-visa-type-to-apply-for-us-no-travel-plans/

Thanyaburi Mac

Posted Today, 06:50, 25 May 2012

"Change of Status" from that of a tourist visa holder, a B-2, to a PRA, Permanent Resident Alien, Green Card holder.

It's not illegal, but is somewhat frowned upon by U.S. Immigration, and embarrassing to the consulate that issued the tourist visa in the first place.

This is the reason often seen here on TV with an AmCit guy and Thai wife or GF, what are the AmCit's ties to Thailand. The assumption being that if he's going to return, the Thai partner will also come back.

The four times my now wife has been up for interview, I was the one questioned (could still go in to the interview area at that time), not her, and the string of "retirement" extensions in my passport sure helped establish that I'm a long-termer here.

Mac

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As Mac said, legally the spouse of a US citizen in the US on a tourist visa can apply for an adjustment of status based on the marriage to a US citizen as long as there was no "preconceived intent" to do so at the time of entry. This why the consulate will ask if there is an intent to stay in the US.

This explains it pretty well.

xxxxxxxxxxxxxxxxxxxxx

http://www.peerallylaw.com/en/content/view/562/

Adjustment of Status for Immediate Relatives on B1/B2 Visitor Visas

By: Hasan Abdullah, Esq.

I entered the country on a B1/B2 visitor visa, can I safely adjust status? This is a very common question, and a source of a lot of confusion, even amongst immigration practitioners, USCIS officers, and Consular Officers (AKA ConOffs). The answer, like most things in immigration, is "maybe."

As many people know, a B1/B2 visitor visa is not a dual intent visa. In other words, you should only have the intent to stay as a visitor and not to immigrate when you get the visa. If a ConOff interviewing you for the visa asks you whether you have intent to immigrate or if you have a US Citizen fiancé in the US, etc, and you say that you do have a fiancé and intend to get married and immigrate, you will not get the visa.

With the above considerations in mind, it is important to also understand the issues of preconceived intent (PCI) and fraud. The basic guideline is that PCI is not an inadmissibility bar, but fraudulent misrepresentation (INA 212(a)(6)©(i)) is. So even if you had, in your heart, preconceived intent, if you were never questioned about it, and you never stated anything untrue to a ConOff or Port of Entry Officer, nor made any misstatements in your DS (department of state) forms when they were filled, then you are legally good to adjust status.

[more at the url]

[lukeskywalker]

I should add that I'm currently living and working already in the US. I moved back to the States in May 2013.

[AaronLV]

If your "intent" was for her to come visit you on the tourist visa and get married then adjust status and get get permanent residency, then it is considered visa fraud and can have dire consequences. Many people do it, but now days it is much easier to get caught (ie social media, quick search, and they can quickly tell what the intent was). If they think that was the intent the burden is on you to prove it was not, USCIS can make your life difficult.

Better way is to apply for a K-1 and then get married once she arrives and adjust status or get married while she is there and have her return to Thailand and go the CR-1 route. Both of these are going to take longer, but less hassle in the future, especially with all the immigration reform that may or may not happen.