Can I marry my girlfriend when she visits on a tourist visa? 1 Answers as of November 22, 2010

I am a U.S. citizen that wants to marry my girlfriend when she comes to visit on a tourist visa. My girlfriend comes in December and I want to know if there is a way to marry her and file for a green card? Will she be able to stay with me here in the U.S., or will she have to go back to Panama?

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Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
If your girlfriend comes to the US as a tourist, she must have the intention to be a tourist, meaning, go to Disneyland, take pictures, visit friends and then return home because she belongs there. This is very important, because she might gets turned away at the airport if the immigration custom officer discovers she doesn't have the tourist intention. This complicates matter and make the process of getting her back to the US more difficult (read expensive).

If your girlfriend really wants to marry you already, it is best to file for a fiance visa.

If your girlfriend does not have yet the intention to marry you, and has simply the intention to have a good time in the US before returning to her country, the B-2 entry is fine. However, my mom used to say that only fools never change their mind...If your girlfriend is already here in the US for more than 2 months, she can change her mind and decide to stay here and then marry you. Then (and only then), it would be appropriate to file an adjustment.
Answer Applies to: California
Replied: 11/22/2010
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