USC living in Argentina wants to bring fiancee to US???

[adwilli1]

Hi guys, my mom who is USC is living in Argentina. She wants her fiancee to come with her to US in October for a visit.

They would not be wanting residency for him right away so would it matter if they got married on a tourist visa while they were visiting here?

If they did that and then later wanted to move to the US. to live would it cause any problems or could they ask for residency after they go back to ARg. at the consulate?

Anyone here have any issues with the consulate there?

Thanks,

angie

[kitkat1]

If he only wants to come for a visit, he needs a tourist visa. They can marry in the US if he plans to return to Argentina after his visit (and before his tourist visa expires).

It is not legal to marry on a tourist visa with the intention to stay in ths US and adjust status -- that's what Fiance Visas are for. It is only legal if he entered first on a legal visa and later, during his visit, "spontaneously" decided to marry and stay in the US. Even then, there could be questions or problems at the AOS interview based on intent.

If they marry in the US, return to Argentina, and then want to move permanently to the US, they would have to file for a spousal visa and go through the consular interview process at the US consulate in Argentina.

[USnoiva]

I agree. Lots of people (especially celebrities) go to other countries and get married then come back.

*key word=come back*.

[adwilli1]

Thanks ladies...I needed to reassure my mom after my own disaster of an immigration case, ugh!

angie

[palinurus]

If he only wants to come for a visit, he needs a tourist visa. They can marry in the US if he plans to return to Argentina after his visit (and before his tourist visa expires).

It is not legal to marry on a tourist visa with the intention to stay in ths US and adjust status -- that's what Fiance Visas are for. It is only legal if he entered first on a legal visa and later, during his visit, "spontaneously" decided to marry and stay in the US. Even then, there could be questions or problems at the AOS interview based on intent.

If they marry in the US, return to Argentina, and then want to move permanently to the US, they would have to file for a spousal visa and go through the consular interview process at the US consulate in Argentina.

Yes I agree,

Not only that, they will be able to apply for the I-130 at the consulate in Argentina and won't have to go through one of the US Centers, this will make things much more painless :)

P

PS: I should add... I have sat waiting in the embassy in Buenos Aires for countless hours watching the lines of people interviewing for tourist visas. Some get the visa and some do not. I would not mention anything about fiance's or marriage etc: at the interview unless directly asked.