Marrying a foreign national

[CaliIan]

What is the name of your state? California

Am planning to marry my fiancee in the U.S. while she is here on a tourist visa from South Africa, what is the process and is she in any danger of being deported upon the expiration of her visa? I have filed an I129 petition recently, but the processing takes way too long.

Please help.

 

[ImmigAttyLana]

For one thing, if there is already a pending I-129F, she may not be admitted to the US as a visitor. IF she is, she would be entering the US with the intent to immigrate which is not in keeping with the intent for B-2 visitors and this can be construed to be misrepresentation that will impact on her ability to adjust status to permanent residence. I'd advise against doing this and wait for the I-129F to be approved and then consular process for the K-1 visa on that basis.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney

 

[AHA]

What is the name of your state? California

Am planning to marry my fiancee in the U.S. while she is here on a tourist visa from South Africa, what is the process and is she in any danger of being deported upon the expiration of her visa? I have filed an I129 petition recently, but the processing takes way too long.

Please help.

I already explained this on the other thread that you posted in.

It is illegal to enter the US as a tourist with intentions of marrying and remaining in the US. By having an I-129 filed, she already has intent and will not be able to prove that she doesn't, and can therefore be denied AOS and will have to return home.

You just have to wait your turn, just like everyone else. Many couples have survived being apart for a few months, it is not impossible.