Entering USA after marriage on tourist visa

[Leica 0]

Hi All

I am already married to a US citizen, and entered the country (after marrying the US citizen overseas) on a tourist visa.

Is there any problem in applying for a change of status? I am told that even if 'preconceived intent' were presumed, this is not sufficient grounds for removal.

Your views much appreciated.

[Jauque 1]

Hi All

I am already married to a US citizen, and entered the country (after marrying the US citizen overseas) on a tourist visa.

Is there any problem in applying for a change of status? I am told that even if 'preconceived intent' were presumed, this is not sufficient grounds for removal.

Your views much appreciated.

Did you have preconceived intent? That is against immigration laws and therefore illegal and inadvisable on this forum.

Edited August 11, 2009 by Jauque

[Gary and Alla 3,694]

Hi All

I am already married to a US citizen, and entered the country (after marrying the US citizen overseas) on a tourist visa.

Is there any problem in applying for a change of status? I am told that even if 'preconceived intent' were presumed, this is not sufficient grounds for removal.

Your views much appreciated.

You can file and I-130 petition for a CR-1 visa. You can remain in the US as long as your tourist visa allows, then return to your country and wait for visa approval. You MAY be able to enter again on a tourist visa but make sure you bring plenty of evidence you will return to your home country.

[Otto 83]

I am told that even if 'preconceived intent' were presumed, this is not sufficient grounds for removal.

Were you told this by someone with a legal background in family-based immigration?

[Gary and Alla 3,694]

Hi All

I am already married to a US citizen, and entered the country (after marrying the US citizen overseas) on a tourist visa.

Is there any problem in applying for a change of status? I am told that even if 'preconceived intent' were presumed, this is not sufficient grounds for removal.

Your views much appreciated.

Oh, and you cannot file for AOS if you entered with the intent to get married on a tourist visa. And yes, this IS grounds for removal and as much as a lifetime ban on entering the US again. You haven't done anything wrong...yet. File for the CR-1.

[NigeriaorBust 4,087]

The OP said they married OUTSIDE the US then she entered the US on a tourist visa. I don't think there is any adjustment possible. She was married when she arrived so she has to file the I 130 and interview in her home counrty.

[Jauque 1]

From the guides:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

[Leica 0]

I am told that even if 'preconceived intent' were presumed, this is not sufficient grounds for removal.

Were you told this by someone with a legal background in family-based immigration?

Yes, a lawyer told me this. Also a website: http://www.naftatnlawyer.com/marrying-a-usc-while-in-tn-sta/

A preconceived intent to immigrate at the time of entering the U.S. as a non-immigrant (such as TN status) can be a basis to deny an application for adjustment of status. An applicant may offset this adverse factor by presenting evidence that would favor an approval. For example, where the preconceived intent is the only negative factor, an application for adjustment of status may be approved where the applicant is an immediate relative (this includes spouses) of a U.S. citizen.

[spookyturtle 9,465]

The OP said they married OUTSIDE the US then she entered the US on a tourist visa. I don't think there is any adjustment possible. She was married when she arrived so she has to file the I 130 and interview in her home counrty.

This is correct.