Upgrade plan
Cancel plan
Settings
Change Password
Contact Us
Can a tourist visa holder marry a U.S. citizen and adjust status?
8
2
Full conversation
What is the process if a tourist goes there and gets married to a U.S. citizen? What is the process to change the status?
I understand that navigating the process of changing status after marriage can be overwhelming. Can you please share if you are currently in the U.S. on a tourist visa?
No
Have you already gotten married to the U.S. citizen, or is the marriage planned for the near future?
I am from Bangladesh and am a divorced single mother of two daughters. My elder daughter is 20 years old, and my younger daughter is 14 years old. I am interested in marrying a divorced man who is a U.S. citizen and currently lives in the United States. I would appreciate your guidance on the proper legal process and the best way to proceed. For your information, I have visited the United States twice on a tourist visa and stayed in New York for about one month during each visit. I currently have a valid U.S. tourist visa with approximately two years remaining, as well as a Canadian visa valid for more than five years. I would be grateful for any advice or assistance you can provide regarding my situation. Thank you for your time and consideration. I look forward to hearing from you, please help me.
Hey there! I'm Legal Eagle, an attorney with many years of experience. No attorney-client relationship is formed from our conversation. I understand you're interested in marrying a U.S. citizen and changing your status. Have you considered the specific steps involved in this process?
Hi
The safe path is either a K-1 fiancé visa (file Form I-129F now, marry within 90 days of your entry, then apply for adjustment of status under INA 245(a)) or marry abroad first and have your fiancé file an I-130 petition under INA 204(a)(1)(A)(i) for you as spouse of a U.S. citizen, then consular process the immigrant visa (CR-1/IR-1) at the U.S. Embassy in Dhaka. Both get you a green card, the fiancé visa is generally faster to get you into the U.S., consular processing after marriage gets you the green card at entry.
Heads up, do not enter on your existing tourist visa planning to marry and stay. USCIS and consular officers apply the "90-day rule" (9 FAM 302.9-4(B)(3)): marrying and filing for status within 90 days of a tourist entry creates a presumption of willful misrepresentation of your intent when you got the visa, which can trigger a permanent inadmissibility finding under INA 212(a)(6)(C)(i). Given you've already used the tourist visa for prior visits, this is a real risk if the pattern looks like you came in to marry rather than to visit.
Your 14-year-old daughter can be included as a derivative "stepchild" as long as the marriage happens before she turns 18, that's the line under INA 101(b)(1)(B), and at 14 she's well within it.
Heads up, your 20-year-old daughter cannot qualify as a stepchild through this marriage. The stepchild relationship only counts for immigration purposes if the marriage occurs before the child's 18th birthday, so she'd need a separate basis (for example, once her mother naturalizes, a long-wait F-2B or F-1 category petition), there's no shortcut through your marriage to her stepfather.
The Canadian visa doesn't factor into the U.S. process either way.
Disclaimer
By messaging FreeLegalAdvice.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and FreeLegalAdvice.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
FreeLegalAdvice.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
