Friend wants to get married while in US on a tourist visa!

[Mags 112]

I really think the lady needs to see an attorney.

She might like what she hears.

Do you think she could adjust then, RJ? I'm just curious (and learning all the time too).

Well I dunno. I don't know her. I'm reading about her 'situation' from a 'friend'. That's a little iffy first of all.

Secondly, I don't know what she said when she came through POE. I don't know what questions she was asked. I don't know how she represented herself.

What we do seem to know is she is in the US now. She was admitted. While she is here, she should sit down with COMPETENT counsel and discuss her options. Competent counsel can see her paperwork and speak to her face to face.

Intent isn't just about 'intending to get married' or 'intending to immigrate'. It's about intent to evade the law. Not so easy to parse, especially from the info we have been given.

Understood. My main reasoning for suggesting that she apply for the K-1 or K-3 is that the OPs friend came over here again on a B-2 visa with the thought in the back of her mind that they might get married.

Now, was the B-2 visa obtained with the thoughts of a possible marriage, or was it just obtained for other reasons (like simply just visiting, holiday etc)? That's the tricky part, in my eyes.

[rebeccajo 14]

I really think the lady needs to see an attorney.

She might like what she hears.

Do you think she could adjust then, RJ? I'm just curious (and learning all the time too).

Well I dunno. I don't know her. I'm reading about her 'situation' from a 'friend'. That's a little iffy first of all.

Secondly, I don't know what she said when she came through POE. I don't know what questions she was asked. I don't know how she represented herself.

What we do seem to know is she is in the US now. She was admitted. While she is here, she should sit down with COMPETENT counsel and discuss her options. Competent counsel can see her paperwork and speak to her face to face.

Intent isn't just about 'intending to get married' or 'intending to immigrate'. It's about intent to evade the law. Not so easy to parse, especially from the info we have been given.

Understood. My main reasoning for suggesting that she apply for the K-1 or K-3 is that the OPs friend came over here again on a B-2 visa with the thought in the back of her mind that they might get married.

Now, was the B-2 visa obtained with the thoughts of a possible marriage, or was it just obtained for other reasons (like simply just visiting, holiday etc)? That's the tricky part, in my eyes.

I think the problem is ..... our eyes don't really matter.

People see 'intent' different ways. You read it here everyday. Some say 'intent to marry' is fraud. We all know that ain't so. There's nadda in the code that says you MUST have a visa to marry a US citizen. If there were, the States wouldn't be issuing marriage licenses to foreign born individuals.

And the law is soooo complex when it comes to the difference between 'intent to immigrate' and 'intent to immigrate by avoiding immigration law'. We as laypeople, even though we read about this stuff everyday, don't really know the shades of grey differences.

I've said it once and I'll say it again - we need to remember when we post advise that these questions - they are peoples lives. I know, I comprehend, I realize - that posters shouldn't take everything we say to heart. I know they should seek legal counsel. But let's face it - a lot of times they do not. I try ever so hard, each day, to NOT advise someone to do something that could either jeopardize their case or harm their relationship. I try not to post stuff that will cause them needless angst either. I try REALLY hard (except in OT - lol) to keep my opinions out of the equation.

Some days I fail.

Let legal counsel help this woman decide what is right for her. It's the best course of action.

[DerekJ 0]

I really think the lady needs to see an attorney.

She might like what she hears.

Do you think she could adjust then, RJ? I'm just curious (and learning all the time too).

Well I dunno. I don't know her. I'm reading about her 'situation' from a 'friend'. That's a little iffy first of all.

Secondly, I don't know what she said when she came through POE. I don't know what questions she was asked. I don't know how she represented herself.

What we do seem to know is she is in the US now. She was admitted. While she is here, she should sit down with COMPETENT counsel and discuss her options. Competent counsel can see her paperwork and speak to her face to face.

Intent isn't just about 'intending to get married' or 'intending to immigrate'. It's about intent to evade the law. Not so easy to parse, especially from the info we have been given.

Understood. My main reasoning for suggesting that she apply for the K-1 or K-3 is that the OPs friend came over here again on a B-2 visa with the thought in the back of her mind that they might get married.

Now, was the B-2 visa obtained with the thoughts of a possible marriage, or was it just obtained for other reasons (like simply just visiting, holiday etc)? That's the tricky part, in my eyes.

I think the problem is ..... our eyes don't really matter.

People see 'intent' different ways. You read it here everyday. Some say 'intent to marry' is fraud. We all know that ain't so. There's nadda in the code that says you MUST have a visa to marry a US citizen. If there were, the States wouldn't be issuing marriage licenses to foreign born individuals.

And the law is soooo complex when it comes to the difference between 'intent to immigrate' and 'intent to immigrate by avoiding immigration law'. We as laypeople, even though we read about this stuff everyday, don't really know the shades of grey differences.

I've said it once and I'll say it again - we need to remember when we post advise that these questions - they are peoples lives. I know, I comprehend, I realize - that posters shouldn't take everything we say to heart. I know they should seek legal counsel. But let's face it - a lot of times they do not. I try ever so hard, each day, to NOT advise someone to do something that could either jeopardize their case or harm their relationship. I try not to post stuff that will cause them needless angst either. I try REALLY hard (except in OT - lol) to keep my opinions out of the equation.

Some days I fail.

Let legal counsel help this woman decide what is right for her. It's the best course of action.

[putting on lawyer hat] I think they have a MAJOR uphill climb. The trier of fact, in this case the folks evaluating the AOS, is going to look askance at this situation. The facts as I understand them are that on her return she would know that she "might" get married and then seek to remain and adjust status. Add in that in this marriage-based visa process, there is a rebuttable presumption that your reasons for coming to the US are not based upon an actual love relationship. That is why the burden is always on the petitioner to prove a bona fide relationship. Not to be a wet blanket but under this framework, the facts would lead me to believe the intent was to skirt the law if I was evaluating this case. They would have been better off marrying on the first trip. I suggest taking the K-1 or K-3 route and virtually eliminate the chances of denial.

[Chica Yeyé 41]

I think the problem is ..... our eyes don't really matter.

People see 'intent' different ways. You read it here everyday. Some say 'intent to marry' is fraud. We all know that ain't so. There's nadda in the code that says you MUST have a visa to marry a US citizen. If there were, the States wouldn't be issuing marriage licenses to foreign born individuals.

And the law is soooo complex when it comes to the difference between 'intent to immigrate' and 'intent to immigrate by avoiding immigration law'. We as laypeople, even though we read about this stuff everyday, don't really know the shades of grey differences.

I've said it once and I'll say it again - we need to remember when we post advise that these questions - they are peoples lives. I know, I comprehend, I realize - that posters shouldn't take everything we say to heart. I know they should seek legal counsel. But let's face it - a lot of times they do not. I try ever so hard, each day, to NOT advise someone to do something that could either jeopardize their case or harm their relationship. I try not to post stuff that will cause them needless angst either. I try REALLY hard (except in OT - lol) to keep my opinions out of the equation.

Some days I fail.

Let legal counsel help this woman decide what is right for her. It's the best course of action.

Wise words sister, wise words.

[cdancer 0]

this is the way my Husband and I did it!

we got married in Las Vegas, then I returned to Canada ...applied for K-3 Visa

The process took about 4.5 months until I got my K-3 Visa to move to the USA.

But I delayed my move due to finishing my job.

Hope this helps!

Hi to everyone!

My very close friend is in the US now on a tourist visa. She met a nice guy, they love each other and they want to get married. He doesn't want her to go back to Russia, since he doesn't want them to be separated for a long time and 'cause she doesn't have any relatives there. He suggests that they get married in the US and then file for an adjustment of status.

She wants to stay with him of course, but she is afraid of doing something illigal that would jeopardize her future legal status in the US.

Can they get married here in the US like he wants without getting her a fiancee visa? Is it dangerous? Please help.