Getting Married on a Tourist Visa Then Adjusting Status vs. Spouse Visa

Getting Married on a Tourist Visa Then Adjusting Status vs. Spouse Visa

(upbeat music) – My fiance from China
now has a V1-V2 visa, that’s a tourist visa. Is it possible to wed in the States and then file for the spousal visa? Yes, it is possible to wed in the States, but you wouldn’t file for a spousal visa unless she plans to go back to China. So there’s two scenarios. It’s not clear in your question, so I’ll discuss both of them. You could definitely get
married in the United States, and then she goes back to China
and you file a spousal visa and she waits there for that whole process to work its way through. Or you can marry in the United States and do an adjustment of status
instead of a spousal visa, which is where you’re
basically adjusting your status from V1-V2 visa to lawful
permanent resident. And that’s usually what people mean when they ask this question,
which is quite common. So yes, she can stay. Now I would be remiss not to mention that your intent is always important. If you intend to use a tourist visa for the purpose of immigrating,
that’s not correct, and could cause you problems. Generally it doesn’t, but
theoretically it could. In other words they want
you to use the correct visa. So if you’re in China and you’re thinking hey, I’m
gonna use my tourist visa to go to the United States and
get married and say forever. In other words, I’m gonna immigrate. Well then what they
would tell you is look, that’s not the purpose of a tourist visa. The purpose of a tourist visa is to come over here with your camera and take pictures of
the Statue of Liberty. If your intent is get married, you should stay in China, a spousal visa. So intent is important. But if you’re here on a tourist visa, you meet somebody, you fall in love, you want to get married, absolutely. Just do an adjustment of status. We do those all the time. – If you found this video useful, it would mean a lot to us if
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4 thoughts on “Getting Married on a Tourist Visa Then Adjusting Status vs. Spouse Visa

  1. What a joke, why would CIS approve any marriage via adjustment of status if it is obvious another Visa type was abused only for that person to then jump the queue of those patiently waiting abroad via A.O.S this sends out the wrong message, and makes a mockery of the whole immigration system.

  2. My husband got approval for his petition for spousal visa but I will not be in the country for the interview. How can I fix the problem? Is there a chance for a delay?

  3. If I'm going to marry a woman from the Philippines and she has underage children how hard is the process for them to become a u.s. citizen

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