Visa question

[Bueller]

EC's post below triggered my curiosity about something. EC mentioned that his friend is in FL on a visa, I assume a tourist visa, and wants to meet a gringo. But if she were in FL illegaly/irregularly, would she be able to enter into a marriage and thus be entitled to stay, or would she have to be in-country on a particular type of valid visa first?

[Gator]

... in response to Visa question, posted by Bueller on Aug 27, 2004

If she marries she is eligible to file for AOS-AS LONG AS her initial entry into the USA was legal.

[Bueller]

... in response to Re: Visa question, posted by Gator on Aug 27, 2004

[This message has been edited by Bueller]

 So,

 she entered legally but overstayed= OK to marry and immediately (but conditionally) eligible to stay;

 but

 never had permission to enter in the first place= SOL.

 Right?

[Gator]

... in response to Re: Re: Visa question, posted by Bueller on Aug 27, 2004

One thing you must remember is the B1/2 visa is a temporary one that allows for a limited stay for business of pleasure.
The USCIS will be especially suspicious if you get married within a couple of months on entering the United States. Sometimes USCIS will not care or you may be able to convince them that when she entered the U.S. on a temporary visa she really planned a short stay and only decided to marry after arrival. If USCIS remains unconvinced, you can ask them to forgive the "error," but obtaining such  a waiver is not easy.  I would have a good cover story to use upon entry. Something like the relationship was going very well long-distance, so she decided to travel to the United States to see me in person. Frankly, it was also time for her to take a  vacation. A few weeks after she arrived, we both realized we were really and truly in love. And when the feelings remained and grew stronger, we decided to marry.  AVOID ANY HINT OF ANYTHING OTHER THAN A TOURSIT TYPE VISIT.

A big mistake is her arrival will all of her paper work like birth certificates, copies of school grades, family albums, all of her possession especially very personal items people do not usually travel with. Remember, USCIS can deny entry, aos, etc., etc., with out any explination and if they do it could put a damper on the issuance of a future K-1/K-3 visa..

My personal advice is to bite the bullet and go the K-1/K-3 visa route and start gathering the necessary paperwork now.

I really wish you the best of luck.  Much less hassle back in the early 80's when I got married.

Best wishs

Gator

[jey]

... in response to There Is a BIG but..., posted by Gator on Aug 27, 2004

The BCIS follows a 30 day rule
if the person marries within 30 days of entry on a B1/2 visa, the issue comes up as to the bona-fides of the visa.
More than 30 days generally not an issue.
As far as marrying an illegal, sure no problem and she can adjust status without any problem.
The only issue is whether it is a bona fide marriage.
If she was in the USA illegally long enough to get a 3 year or 10 year bar on reentry, well that is another issue as to reentry, no time to go into it, but this does not affect the ability to adjust status.