[Angelhugs]

If I marry a US citizen while I'm on tourist visa and then I go back to my home country within the period allowed on my I-94, can my USC husband petition me on a spousal visa afterwards? Thanks.

[lawanwadee]

Yes but avoid filing adjustment of status while you're in US. Too risky and in the long run if your relationship fails, the chance to appeal is slim to none.

You may register marriage in US and return to your home country while husband files spouse visa, OR don't get married, but return to your home country and have him file for fiancee's visa (K-1). I recommend K-1 visa because USCIS will run background check on him prior to approval. So if he has criminal record, domestic violence record, failed to pay tax, child support or restitution, the case will be denied and you will be notified of the result of his background check. It's safer for you... please note that NOT ALL Americans can petition alien spouses.

[Angelhugs]

Hello lawanwadee, thanks for your answer to my query. Can I ask a follow-up question? If I marry my USC boyfriend here in the US, then I go back to my home country, what is the spousal visa called- is it also K3 visa - that he has to apply for me so I can return to the US? Is this faster or slower, more expensive or less expensive than the fiancée visa? How long does it take for spousal visa to be approved? Thank you so much.

[lawanwadee]

Hello lawanwadee, thanks for your answer to my query. Can i ask a follow-up question? If i marry my USC boyfriend here in the US, then i go back to my home country, what is the spousal visa called- is it also K3 visa - that he has to apply for me so i can return to the US? Is this faster or slower, more expensive or less expensive than the fiancee visa? How long does it take for spousal visa to be approved? Thank you so much.

Processing period is about the same but please re-read my previous answer...

"... You may register marriage in US and return to your home country while husband files spouse visa, OR don't get married, but return to your home country and have him file for fiancee's visa (K-1). I recommend K-1 visa because USCIS will run background check on him prior to approval. So if he has criminal record, domestic violence record, failed to pay tax, child support or restitution, the case will be denied and you will be notified of the result of his background check. It's safer for you... please note that NOT ALL Americans can petition alien spouses............ "

[Angelhugs]

Sorry... may I know who are not allowed to petition alien spouses? What disqualifies them? Thanks.