How do you prove non-intent to marry?

[Otto 83]

http://www.visajourney.com/forums/index.ph...mp;page=k1visit

A lot of helpful information on the link above...

Thank you very much. That was reassuring.

Does anyone know if my fiance comes to the US and we get married there, but he goes back home and doesn't overstay his tourist visa, is this a problem? No overstay - no problems - people do this every day (even with an overstay it would probably not be a problem but why invite trouble right?). I would prefer this because it seems applying for a CR-1 is easier/faster than applying for a fiance visa.

[baron555 934]

http://www.visajourney.com/forums/index.ph...mp;page=k1visit

A lot of helpful information on the link above...

Thank you very much. That was reassuring.

Does anyone know if my fiance comes to the US and we get married there, but he goes back home and doesn't overstay his tourist visa, is this a problem? I would prefer this because it seems applying for a CR-1 is easier/faster than applying for a fiance visa.

No this is the proper thing to do. This way he's not violating his tourist visa and you guys are following the proper procedures. It will show good intentions.

[john_and_marlene 162]

If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

Can you provide your source for that information please.

Look at the court rulings with regard to Adjustment of Status.

Specific links please. You cant just blanket statement something. Please quote background and context as some of the information you have provided is directly at odds with USCIS issued information.

For this specific concern regarding prior intent, look at the case law appeals ruling in the Matter of Ibrahim (BIA 1981) "Absent other adverse factors, an adjustment application should generally be granted in the exercise of discretion, notwithstanding an aliens entry as a nonimmigrant with a preconceived intent to remain"

[john_and_marlene 162]

Link for Matter of Ibrahim

http://www.usdoj.gov/eoir/vll/intdec/vol18/2866.pdf

Also see Matter of Cavasos for further rulings regarding immediate family members of USCs

[john_and_marlene 162]

john_and_marlene posts this (or similar) information all the time - the simple fact of the matter is, it is not always true, or in practice it doesn't always come out that way.

People (immediate family members of US Citizens) are indeed denied AOS - it can and does happen.

Proclaiming:

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.An immediate relative of a USC cannot be denied adjustment of status for overstaying.An immediate relative of a USC cannot be denied adjustment of status for working without authorization. doesn't make it so.

I never claimed that immediate family members are never denied AOS -- it certainly does happen. I am saying that those denials will not be for one of these three reasons as they have already been ruled on. There are many other reasons for denial. Certainly material misrepresentation and failure to meet the I-864 requirements will cause a denial.

Now that I have given the references to the appeal rulings, perhaps you could give me the link to 1 case since these rulings where the adjustment was denied based solely on any of those 3 factors.

[Chica Yeyé 41]

For this specific concern regarding prior intent, look at the case law appeals ruling in the Matter of Ibrahim (BIA 1981) "Absent other adverse factors, an adjustment application should generally be granted in the exercise of discretion, notwithstanding an aliens entry as a nonimmigrant with a preconceived intent to remain"

And that's the kicker. Otherwise, it would be cute and fine to just come in on whichever visa, get married, and jump the line.

[rsn 135]

If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

Can you provide your source for that information please.

Look at the court rulings with regard to Adjustment of Status.

Specific links please. You cant just blanket statement something. Please quote background and context as some of the information you have provided is directly at odds with USCIS issued information.

For this specific concern regarding prior intent, look at the case law appeals ruling in the Matter of Ibrahim (BIA 1981) "Absent other adverse factors, an adjustment application should generally be granted in the exercise of discretion, notwithstanding an aliens entry as a nonimmigrant with a preconceived intent to remain"

This is peculiar since it seems to give an unfair advantage to those who can obtain a tourist visa for their fiance(e). On the other hand, if one lies to the CBP agent and gets into the country w/out letting the officer know the intent, then the AOS should surely be denied in this case. I don't see how anyone would get into the country w/ intent to immigrate and remain honest to the border agent. With that in mind, this information doesn't change anything as far as I can tell.

Edited October 5, 2009 by rsn

[john_and_marlene 162]

If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

Can you provide your source for that information please.

Look at the court rulings with regard to Adjustment of Status.

Specific links please. You cant just blanket statement something. Please quote background and context as some of the information you have provided is directly at odds with USCIS issued information.

For this specific concern regarding prior intent, look at the case law appeals ruling in the Matter of Ibrahim (BIA 1981) "Absent other adverse factors, an adjustment application should generally be granted in the exercise of discretion, notwithstanding an aliens entry as a nonimmigrant with a preconceived intent to remain"

This is peculiar since it seems to give an unfair advantage to those who can obtain a tourist visa for their fiance(e). On the other hand, if one lies to the CBP agent and gets into the country w/out letting the officer know the intent, then the AOS should surely be denied in this case. I don't see how anyone would get into the country w/ intent to immigrate and remain honest to the border agent. With that in mind, this information doesn't change anything as far as I can tell.

material misrepresentation at the POE is a reason to deny adjustment. For the OP, this was not the case.

Edited October 5, 2009 by john_and_marlene

[rsn 135]

If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

Can you provide your source for that information please.

Look at the court rulings with regard to Adjustment of Status.

Specific links please. You cant just blanket statement something. Please quote background and context as some of the information you have provided is directly at odds with USCIS issued information.

For this specific concern regarding prior intent, look at the case law appeals ruling in the Matter of Ibrahim (BIA 1981) "Absent other adverse factors, an adjustment application should generally be granted in the exercise of discretion, notwithstanding an aliens entry as a nonimmigrant with a preconceived intent to remain"

This is peculiar since it seems to give an unfair advantage to those who can obtain a tourist visa for their fiance(e). On the other hand, if one lies to the CBP agent and gets into the country w/out letting the officer know the intent, then the AOS should surely be denied in this case. I don't see how anyone would get into the country w/ intent to immigrate and remain honest to the border agent. With that in mind, this information doesn't change anything as far as I can tell.

material misrepresentation at the POE is a reason to deny adjustment. For the OP, this was not the case.

Hmm. Very interesting.

[john_and_marlene 162]

For this specific concern regarding prior intent, look at the case law appeals ruling in the Matter of Ibrahim (BIA 1981) "Absent other adverse factors, an adjustment application should generally be granted in the exercise of discretion, notwithstanding an aliens entry as a nonimmigrant with a preconceived intent to remain"

And that's the kicker. Otherwise, it would be cute and fine to just come in on whichever visa, get married, and jump the line.

You need to read the entire ruling.

[rsn 135]

Much to my surprise, it looks like the answer to the O.P.s question is "you don't have to prove it as long as you have not misrepresented yourself at the border".

[john_and_marlene 162]

Which court rulings? Please show specific sources. I fail to see how no one knows about this.

That you do not know about it is not an indication that noone does. Certainly the USCIS adjudicators know about it. The Matter of Ibrahim is referenced in the Adjudicator's Field Manual.

[Chica Yeyé 41]

For this specific concern regarding prior intent, look at the case law appeals ruling in the Matter of Ibrahim (BIA 1981) "Absent other adverse factors, an adjustment application should generally be granted in the exercise of discretion, notwithstanding an aliens entry as a nonimmigrant with a preconceived intent to remain"

And that's the kicker. Otherwise, it would be cute and fine to just come in on whichever visa, get married, and jump the line.

You need to read the entire ruling.

If the ruling had become universal and applicable to all cases, I bet you USCIS would have changed their guides. It is still not ok to jump the line, disregard immigration law and get the same benefits as people who did things following the letter of the law as it stands now.

[john_and_marlene 162]

It is still not ok to jump the line, disregard immigration law and get the same benefits as people who did things following the letter of the law as it stands now.

And yet, it is done every day.

[Chica Yeyé 41]

It is still not ok to jump the line, disregard immigration law and get the same benefits as people who did things following the letter of the law as it stands now.

And yet, it is done every day.

Sadly, true.