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Can a foreigner with a tourist visa and is currently in the US marry a US permanent resident?
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?
14 Answers
- MLv 61 decade agoFavorite 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
- MaureenLv 45 years ago
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.
- scarfaceLv 61 decade ago
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.
- chmacqueenLv 71 decade ago
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.
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- Anonymous1 decade ago
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
Source(s): Experience - pianojangeeLv 71 decade ago
There is no such thing as temporary residency granted because you guys are married.
You can get married in US. However, he cannot adjust his status even if you apply I-130 for him. Because there is at least 5 years of waiting for Family Based 2A, Spouse and child of Permanent Resident.
Therefore, he has to go back to Philippines and proceed the immigrant visa process.
http://www.uscis.gov/portal/site/uscis/menuitem.eb...
- Anonymous1 decade ago
Its unlikely he will even get a tourist visa
As a permanent resident you cannot bring him in anyway and a visa will take 4 years ...
get your citizenship first ...then apply for a fiancee visa ...do it properly
Follow the flowcharts here
- tonalc2Lv 71 decade ago
No, he wouldn't get temporary residency just by marrying you. You can, however, sponsor him for a spouse visa (which would entail him returning home first, as his portion of the visa process is done there).
Immigration officials will want to see proof that this is a real marriage and not just one for a green card. To that end, start saving travel receipts, letters, photographs documenting your relationship.
- zonryzitaLv 61 decade ago
If he comes here as a tourist, his best bet is NOT to marry you immediately. It'll go better for him to actually overstay his tourist visa and then marry you. Then he won't have to go back to the Phillipines.
- George LLv 71 decade ago
you can certainly marry, but if he tries to stay while waiting for your petition as a legal resident, he'll quickly be out of status and subject to deportation. that would really mess up your plans. your best bet is to become a citizen as soon as possible.