... in response to Ray or anyone know how this works?, posted by Heat on May 1, 2005If you first meet while she is here as a tourist, then you can get married and apply for Adjustment of Status. It could get messy, especially if they suspect that you two used the tourist visa as a means to bypass the normal visa procedures. I’m not sure how they look at these cases now but in the past they used to sort of follow a 90-day rule, where they would look upon your case with suspicion if she married within 90 days of arrival. I guess the thinking was that if she married that soon, it was likely pre-arranged and not a spur of the moment thing.
Generally, if there is no obvious evidence of visa fraud, they will approve her Adjustment of Status and she would be able to stay. The worst that could happen is that they require her to return home and make you file a petition for a spousal visa (CR-1/K-3). If her visa expires and they won’t renew it before you can process the AOS, there could be other problems. For someone in that situation, I would advise a consult with an immigration attorney before tying the knot.
Ray