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?
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
Likely that he will have to go back. It is regarded as proof of immigration fraud if someone marries in the US when on a tourist visa. And since you are not a citizen, it will take years for him to get his green card.
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you are probably being used..=(
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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.
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No enough time. He must go back before the visa allotted time expire. You can marry him but he cannot adjust his status here. You can petition him right away and he’ll be here in no time.
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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
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Experience
You can marry him but he has to return to his country and wait for a visa. Takes about 5 years!
If you become a citizen he can come sooner!
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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.
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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
http://familybasedimmigration.com/forum/index.php
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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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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.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=be1ea6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=be1ea6c515083210VgnVCM100000082ca60aRCRD
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Resources-3rd%20level/How%20Do%20I%20Guides/B1en.pdf
http://travel.state.gov/visa/frvi/bulletin/bulletin_4805.html
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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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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.
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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.
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