I'm a US permanent resident, and I have a boyfriend in the Philippines. He's planning to obtain a tourist visa and visit me here in California. My question is, if we decide to get married while he's here in the US, is there a probability that he will be granted temporary residency? Or will he need to go back to the Philippines and I would have to petition him from there?
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Favorite Answer
you can but it does not affect his immigration status until you file I-130 petition for alien relative or I-129F petition for alien fiance(e) if you are not married; either way he must return to his country without violating usa laws and wait for processing; better if you apply for citizenship first unless you have not been in usa long enough to do so
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A single immigration attorney would suffice. Your family isn't trying to scare you, they really ARE looking out for your best interests. A K-1 visa is very cut and dry, but since you are marrying under the F1 instead, although perfectly legal, you will also be put under additional scrutiny. An attorney will be able to help you avoid any pitfalls and prepare you for the interview process. He'll also be able to make sure that you don't wind up making a clerical error that causes issues, delays or even denial. All in all, an attorney who specializes in this field will make things MUCH easier, faster and less stressful. Listen to your family. My daughter married a foreign national and the attorney was the BEST possible investment they could have made. If you have no complications and her status is already a legal one the cost will run $400-$800.
scarface
As a legal permanent resident in the US this one is very tricky. I would advise you to wait until you become a US citizen. Then it will be much easier. If you marry your boyfriend now, whether in the Philippines or in the United States he will have to go back to Philippines and wait for many years before he can get a legal permanent resident status (green card) to join you in the US. And for your information there is no temporary residency in the United States.
chmacqueen
He'll have to go back and you'll have to file a spousal petition (fiancee if not married which is quicker to process 1 year for spousal and 9-10 months for fiancee).
Only student visa's and other longer term visa's may allow temporary residency if someone marries a US citizen or resident... tourist visa's don't allow a change of status and temporary residency.
Anonymous
It would be easier if you first become a citizen, the process would be shorter. Then you can either marry your boyfriend in the US and apply for his residency or apply for a fiancee visa if he is still in the Philippines. If you do this as a resident it can take years, if you do it as a citizen, only a few months.
And it is NOT fraud to get married on a tourist visa. You can confirm this calling to the USCIS number: 1-800-375-5283