marriage on tourist visa

[venice surfer 0]

Does anyone know of a couple marrying in the u.s. while the alien was visiting on a tourist visa, then being denied their green card specifically because they were found to have entered the u.s. on a tourist visa with intention to stay, marry and gain a green card. I'm looking for someone who actually knew the couple, (or was the couple), not just stories that have been passed around. There are lots of people who warn about the dangers of being denied because of this... but how many here have actual experience with this happening?

[maggieNomar 0]

I personally know a couple who is finding out what a mistake that can be. She entered from Canada, saying she was coming to visit a friend and then married short time later. Now they have filed their petition and her visit time is up (to go back over the border without questions and bans and whatever they do up there) and now she is scared. She has not yet been denied...but after contacting an immigration atty, has been informed that she may well find problems. So if you know someone who is thinking about this route, advise them against it.

[MPGGPM 0]

Does anyone know of a couple marrying in the u.s. while the alien was visiting on a tourist visa, then being denied their green card specifically because they were found to have entered the u.s. on a tourist visa with intention to stay, marry and gain a green card. I'm looking for someone who actually knew the couple, (or was the couple), not just stories that have been passed around. There are lots of people who warn about the dangers of being denied because of this... but how many here have actual experience with this happening?

That's a very good question, and one I've often wondered about myself. Having been on this forum a while now, I always see the "warnings" etc...telling people not to do it.

But still, in all the time I've been here, I can't specifically remember any member coming on here and asking for help because they were "denied" a green card for trying to adjust from a tourist visa (whether intentional ............or not) .

It always seems to be the opposite.......and they are successful.

They are always advised "not" to do it.......but it seems the success rate for doing so (AOS from a tourist visa) is a pretty darn high percentage from what I've seen.

In fact, to me, the chances of denial for trying AOS on a tourist visa really don't seem any higher than that for those people doing a K-1, K-3, Cr-1, etc.......

I've actually read about more people who got denied their visa at THOSE interviews , than I have people who got denied for trying to adjust from tourist visas.

The odds of success appear about the same to me, from what I've seen.

[venice surfer 0]

Exactly MPGGPM. The reply by Maggie724 is a perfect example of the problem with this subject. Maggie724, I know you are just trying to help, and I don't mean to bash you. But this subject is shrouded by this kind of nonsense. People being worried is completely different from a hard statistic. My wife and I were faced with this decision last year, and we heard lots of these kinds of warnings - always just warnings, always just "don't take the risk, because the penalty is so great". Noone came forward then and said "We were denied." Now I've been on this board long enough to say I haven't heard of anyone being denied for this cause.

Last year, we made the decision to have her leave the country - out of fear of Adjustment of Status denial. Now, we've been apart too long and we deeply regret that choice. For anyone making that choice today, I would encourage you to base your decision on empirical evidence... not paranoia.

[misa 2]

I personally know a couple who is finding out what a mistake that can be. She entered from Canada, saying she was coming to visit a friend and then married short time later. Now they have filed their petition and her visit time is up (to go back over the border without questions and bans and whatever they do up there) and now she is scared. She has not yet been denied...but after contacting an immigration atty, has been informed that she may well find problems. So if you know someone who is thinking about this route, advise them against it.

She entered with intent to marry and stay and AOS or do K3 or CR? I didn't think that was a problem if she doesn't overstay her 6 months (if she is doing a K3 or CR). Lots of people enter, marry (without intent to stay and AOS) and go back to Canada and wait while their petition is filing... that's what I'm doing right now.

Edited January 14, 2007 by misa

[alix 20]

Hi venice surfer,

My husband and I got married when I was here in the US on a tourist visa (about two months after I came here...and we had absolutely no intention of getting married when I arrived!). But we were moving to Japan, so we were not worried about the immigration to the US...which turned out to be a big mistake, since I was almost deported back to Brazil a few months later (long story). We were married for about a year when I had to return to Brazil and wait for my CR1 (I was there for 4 months), because we were told by an immigration officer at the Phoenix Service Center that if we tried for an Adjustment of Status it would take a long time and we'd probably have our case denied. We just didn't want to run the risk.

Anyways, I don't know anyone who had their greencard denied, but I know of a girl who got married here on a tourist visa (she's also from Brazil) and got her greencard approved, after going thru the Adjustment of Status here.

Edited January 14, 2007 by alix

[MPGGPM 0]

Hi venice surfer,

My husband and I got married when I was here in the US on a tourist visa (about two months after I came here...and we had absolutely no intention of getting married when I arrived!). But we were moving to Japan, so we were not worried about the immigration to the US...which turned out to be a big mistake, since I was almost deported back to Brazil a few months later (long story). We were married for about a year when I had to return to Brazil and wait for my CR1 (I was there for 4 months), because we were told by an immigration officer at the Phoenix Service Center that if we tried for an Adjustment of Status it would take a long time and we'd probably have our case denied. We just didn't want to run the risk.

Anyways, I don't know anyone who had their greencard denied, but I know of a girl who got married here on a tourist visa (she's also from Brazil) and got her greencard approved, after going thru the Adjustment of Status here.

Wasn't the reason you were almost deported ....... because you had left the USA, and then tried to get back in? (I know it was something like that, because you brought up your story in a thread about "visiting" a spouse during the Cr-1 process etc.....)

That's a bit different than someone almost being deported because of them doing AOS on a tourist visa........or having their visa denied because of trying to do AOS from a tourist visa. I think your situation was a bit different. Your problems weren't exactly related to the fact that you tried to do AOS from a tourist visa......but due to other reasons.

In either case....I'm glad your situation was worked out and that you and your husband are fine now.

[alix 20]

Exactly....we were kinda oblivious to the US immigration rules....cuz we were not really worried about it. So we got in trouble because of that! I guess if we had known I wouldn't have left the US and tried the AOS from here.

Unless you can't prove that your relationship is true, anyone could really do the AOS after marrying on a tourist visa. I just think they find it kinda "iffy" because that's not exactly the correct way to do it. In their minds you should go thru the fiancée visa, blah blah blah..

[Libersolis 0]

Obviously each situation is different. I am a firm believer in being upfront and truthful in regards to everything in this process.

My wife visited the United States from South Africa last year and had absolutely no intention of marrying me, nor did I have any intention of marrying her. She owned a house, had a job, a child and was in her final year of law school. She was able to prove to both the tourist visa interviewer and the POE official that she did indeed have ties to her home country and was not coming to the United States to immigrate. She returned home as was indicated by her flight itinerary, even though it was the hardest thing in the world at the time. That being said, I am glad she did do that, because it was the right and proper legal avenue to take and also the responsible and moral thing to do.

I think people freak out about "oh no we got married on a tourist visa" without realizing that marriage is a fundamental right given by just about every country and can take place in any country in the world.

The USCIS is not concerned with the place you were married. They are concerned with seeing that nothing underhanded or illegal has taken place before or during this process.

[kitkat1 5]

Does anyone know of a couple marrying in the u.s. while the alien was visiting on a tourist visa, then being denied their green card specifically because they were found to have entered the u.s. on a tourist visa with intention to stay, marry and gain a green card. I'm looking for someone who actually knew the couple, (or was the couple), not just stories that have been passed around. There are lots of people who warn about the dangers of being denied because of this... but how many here have actual experience with this happening?

Well, this one's 100% obvious but here's proof:

http://www.immigrate2us.net/forum/viewtopi...&highlight=

that`s what messed up our case. My wife entered on a B-2 with her wedding dress in her suitcase and we got married a week later. We tried to AOS and were denied down the road at our residency interview because of the intent to immigrate. No body tried to stick us with visa fraud, but I guess it`s a possibility. The result for us was having to start all over and my wife overstayed her I-94 while we were waiting. Since she had entered against the conditions of her visa, our case was treated like an EWI and she has to wait out her 601 out of country

[MPGGPM 0]

Does anyone know of a couple marrying in the u.s. while the alien was visiting on a tourist visa, then being denied their green card specifically because they were found to have entered the u.s. on a tourist visa with intention to stay, marry and gain a green card. I'm looking for someone who actually knew the couple, (or was the couple), not just stories that have been passed around. There are lots of people who warn about the dangers of being denied because of this... but how many here have actual experience with this happening?

Well, this one's 100% obvious but here's proof:

http://www.immigrate2us.net/forum/viewtopi...&highlight=

that`s what messed up our case. My wife entered on a B-2 with her wedding dress in her suitcase and we got married a week later. We tried to AOS and were denied down the road at our residency interview because of the intent to immigrate. No body tried to stick us with visa fraud, but I guess it`s a possibility. The result for us was having to start all over and my wife overstayed her I-94 while we were waiting. Since she had entered against the conditions of her visa, our case was treated like an EWI and she has to wait out her 601 out of country

That guy probably had no clue that USCIS would frown on his openly admitting to having his spouse come to the USA to get married. I guess he never realized they might find a problem with a person doing that, and just blabbed everything to them. He's apparently facing a pretty hard penalty for it. That's pretty tough.....

I still say based on what I've seen in reading this and other forums, that the odds of denial are no greater than that of a person doing the K-1, k-3, cr-1 etc...route. Hard to say when there is no concrete data on such a thing.

But, from what I've read, if a person is calculating...and informed ahead of time, and has ....obviously.....a better plan than that guy did , they probably don't have much more of a chance of a denial doing AOS from a tourist visa than from other methods. I've read too many examples of people being successful in doing AOS from a tourist visa, to believe the odds of denial are any greater than those of us whose spouses are doing things the other way.

I will say, however, that because the penalties if refused (maybe having to file the 601 and my wife possibly facing a ban for overstaying her tourist visa by then, if AOS was denied, which would be about the most horrible thing imaginable to me, etc...)........I would never try it without the aid of a pretty darn good lawyer.

My nerves just wouldnt be able to handle attempting such a thing on my own.............

[kitkat1 5]

All the more reason to go the K1 route - you never know what may happen at AOS so why risk it. *Most* K1 processes are relatively fast - I would think the temporary separation is a small price to pay for long term piece of mind.

[The Portfolios 0]

My wife and I originally visited America for her to meet my parents on a tourist visa (we have been living in China for several years). Due to many horror stories, we expected to be denied the tourist visa. We had intentions to marry "eventually" and had no plans to get her in on a tourist visa and then get married. However, when she received the tourist visa, we were very surprised and emotional... three days later I proposed and we had a simple ceremony in the States while on the tourist visa.

However, I believe the important thing is that we did not apply for AOS, as we had no desire to leave China for good at that time (2 years ago). We returned to China on time. Eventually we applied for an immigrant visa and after 8 months we are finally up for an interview next week. I forsee no problem in getting approved because we have followed the law in every respect. Check our profile next week to see the results

[kitkat1 5]

My wife and I originally visited America for her to meet my parents on a tourist visa (we have been living in China for several years). Due to many horror stories, we expected to be denied the tourist visa. We had intentions to marry "eventually" and had no plans to get her in on a tourist visa and then get married. However, when she received the tourist visa, we were very surprised and emotional... three days later I proposed and we had a simple ceremony in the States while on the tourist visa.

However, I believe the important thing is that we did not apply for AOS, as we had no desire to leave China for good at that time (2 years ago). We returned to China on time. Eventually we applied for an immigrant visa and after 8 months we are finally up for an interview next week. I forsee no problem in getting approved because we have followed the law in every respect. Check our profile next week to see the results

Different scenario because you didn't apply for AOS and for her to stay - there's no law against getting married in the US when here on a tourist visa.

Best of luck at your interview!

[Boiler 45,153]

I have no personal experiance, I have seen 3 or 4 threads.

When you think of the number adjusting from other status's, well all others that do not allow dual intent, the odds are very low on issues.

Those going for a Darwin award excepted.