Tourist Visa Marriage

[darlandta 0]

williamguy,

my wife and I are in the same situation. she came here as a tourist and i decided to pop the question and we got married. i've got a couple of questions 'coz i'm still unclear about specifics in the process. we just submitted the I-130 last week and was received the other day according to USPS registered mail. my questions are:

1) can we/should we file for AOS right now or do we wait until we get a visa number from the I-130?

2) is she here legally if she goes beyond her march 2009 tourist visa 'coz of the I-130 in process or does she have to go back to the Philippines?

3) can she apply/get a social security number and work while the paperwork is still in process?

Please help, anyone. Between the USCIS website and Visajourney i keep finding as much if not more questions than answers sometimes.

thanks and happy holidays to everyone!

[unforgettable fire 2]

williamguy,

my wife and I are in the same situation. she came here as a tourist and i decided to pop the question and we got married. i've got a couple of questions 'coz i'm still unclear about specifics in the process. we just submitted the I-130 last week and was received the other day according to USPS registered mail. my questions are:

1) can we/should we file for AOS right now or do we wait until we get a visa number from the I-130?

2) is she here legally if she goes beyond her march 2009 tourist visa 'coz of the I-130 in process or does she have to go back to the Philippines?

3) can she apply/get a social security number and work while the paperwork is still in process?

Please help, anyone. Between the USCIS website and Visajourney i keep finding as much if not more questions than answers sometimes.

thanks and happy holidays to everyone!

Her's my answers to your questions:

1) Why didn't you submit the I-130 concurrently with the I-485??? It wouldn't been easier and less hassle, however Ibelieve you can adjust the status since you too are married and she is still in the US.

2) If you don't adjust status before her visa expires she'll be out of status. That i believe can be forgibben in the future, but better safe than sorry, I suggest you AOS asap.

3) She cannot apply for a SSN and she cannot work legally until she received the EAD (which you will have to submit the application when you AOS).

I adjusted status successfully from a tourist visa (VWP), the process is fairly simple if you follow all the guidelines. This website was of great help when I adjusted myself. I received my greencard 7 months after the submission of my AOS.

Good luck with your journey!!!

Edited December 20, 2008 by unforgettable fire

[peppermint27 0]

My husband, who I had been with for six years, came to the U.S. on a three-month tourist visa and we married after 2 months. We submitted the adjustment of status forms at the end of August and just yesterday had our greencard interview, which was successful. From start to finish it took only 2 months to get approval and the greencard should arrive in the mail in 2-4 weeks. I was amazed at how quick it was!

[Thedave10 0]

I adjusted status successfully from a tourist visa (VWP), the process is fairly simple if you follow all the guidelines. This website was of great help when I adjusted myself. I received my greencard 7 months after the submission of my AOS.

You said you adjusted status from a tourist visa, but I thought if you get married on a tourist visa you have to return home or its considired fraud if you visit get married and stay, please give me more info.

Thank you.

[SunDrop 59]

You said you adjusted status from a tourist visa, but I thought if you get married on a tourist visa you have to return home or its considired fraud if you visit get married and stay, please give me more info.

Thank you.

It's not fraud unless there was material misrepresentation at the time of applying for your visitor's visa, or in this case at the port of entry under the VWP. This means if you entered the country with the intention of marrying and adjusting, were asked if this was your intention and stated no you misrepresented yourself. Equally, you'd be skating on very thin ice if you booked a venue and bought a dress/ quit your job and abandoned your lease BEFORE you entered on a VV/VWP and then adjusted.

However, if you came on a VV/VWP and decided to get married without any prior intention of doing so, you did not commit any fraud hence why it is legal.

[Dakine10 5,452]

You said you adjusted status from a tourist visa, but I thought if you get married on a tourist visa you have to return home or its considired fraud if you visit get married and stay, please give me more info.

Thank you.

It's considered fraud if one enters on a tourist visa with the intent to get married. If marriage happens incidentally it is not fraud. The AOS is usually succesful in this scenario, unless other factors would prevent it.

Just a word of caution though, the one exception lately seems to be trying to adjust status after a VWP overstay.

For the last year or so, AOS filed after a VWP overstay is not automatic by any means. When entering on the VWP, you give up the right to appeal any decision made by USCIS. There have been cases of VWP overstays with AOS pending being deported without a hearing and subject to the 3/10 year ban.

For more info, google "VWP overstay AOS deported".

[lovelyalex 99]

Just a point I thought about, if people are registering on this site asking the "best way" to go about things, then after reading everything that has been said, surely if they then come and get married on a VWP and then adjust, that would surely imply that they came with intent to marry and would therefore be commiting fraud?

[Bobby+Umit 161]

Just a point I thought about, if people are registering on this site asking the "best way" to go about things, then after reading everything that has been said, surely if they then come and get married on a VWP and then adjust, that would surely imply that they came with intent to marry and would therefore be commiting fraud?

Really boils down to the USCIS when they are looking at your case.

Absent of a lot of adverse factors, "intent", although considered adverse, is not enough in itself to deny outright.

From most of the rules I've bounced through, it appears that "misrepresentation" is the biggie - they will slap you down fast on that one. (lying)

For example, consider this scenario:

You enter the US at the POE, CBP is suspicious of your "intent", they ask you several pointed questions (scripted), something along the line of immigrating, you state "no - just visiting", they stamp your I-94 "NO EOS/AOS/COS".

They may only give you 45 days or so to "visit".

It's entered in your record.

So you go off, get married, then AOS anyway. It would most likely get denied, because you were told not to do it (the stamp) and you said you wouldn't do it (misrepresentation). (when they check your record - one of the reasons they ask for a copy of your I-94)

But that would be a court fight I would imagine, but, VWP specifically states you can't fight the denial.

[Brother Hesekiel 2,236]

There seems to be an agenda on this site to do things in a certain way, so it's difficult to give proper advice without stepping on someone's toes.

The AOS issue has been discussed frequently and extensively on this site, but it boils down to this: it is no problem to adjust status from any visa (sole exception a derailed K1) and even without a visa (WVP) to lawful permanent resident (LPR). Overstay? Not a problem either.

As real world experience has shown, even intent to get married and adjust afterward does not become an issue, unless it's so obvious and documented that the I.O. feels compelled to make it one. Why doesn't it become an issue? Presumably because intent is extremely difficult to prove when the applicant states that there was none. The I.O. can't look into somebody's head; they can only see if there's any documentation indicating or pointing toward foul play.

Bottom line: USCIS wants to make the USC, who just got married, happy. Misrepresentation is the only deal breaker, obviously, and it's a big one.

Therefore, using the K1, CR-1/IR-1, and DCF route is the correct way, and AOS is the fast way. Both work the same, without problems, unless there is fraud written on the wall.

Many people on this board don't like this, because they feel that somebody who entered with a B2 or under the WVP, marries and then adjusts, is cutting in line, while they have/had to wait longer. For that reason, the advice those who seek it is not to adjust status but to travel home again and then go the CR-1 route.

I personally do not want to give advice on what route to choose; I merely want to confirm that filing AOS and adjusting status successfully is a viable option for many potential LPRs. It has been done a million times, and there are many people on this board who can attest to this fact.

[Bobby+Umit 161]

There seems to be an agenda on this site to do things in a certain way, so it's difficult to give proper advice without stepping on someone's toes.

The AOS issue has been discussed frequently and extensively on this site, but it boils down to this: it is no problem to adjust status from any visa (sole exception a derailed K1) and even without a visa (WVP) to lawful permanent resident (LPR). Overstay? Not a problem either.

As real world experience has shown, even intent to get married and adjust afterward does not become an issue, unless it's so obvious and documented that the I.O. feels compelled to make it one. Why doesn't it become an issue? Presumably because intent is extremely difficult to prove when the applicant states that there was none. The I.O. can't look into somebody's head; they can only see if there's any documentation indicating or pointing toward foul play.

Bottom line: USCIS wants to make the USC, who just got married, happy. Misrepresentation is the only deal breaker, obviously, and it's a big one.

Therefore, using the K1, CR-1/IR-1, and DCF route is the correct way, and AOS is the fast way. Both work the same, without problems, unless there is fraud written on the wall.

Many people on this board don't like this, because they feel that somebody who entered with a B2 or under the WVP, marries and then adjusts, is cutting in line, while they have/had to wait longer. For that reason, the advice those who seek it is not to adjust status but to travel home again and then go the CR-1 route.

I personally do not want to give advice on what route to choose; I merely want to confirm that filing AOS and adjusting status successfully is a viable option for many potential LPRs. It has been done a million times, and there are many people on this board who can attest to this fact.

I like the way you think...

[lovelyalex 99]

Well said.

[Thedave10 0]

It's not fraud unless there was material misrepresentation at the time of applying for your visitor's visa, or in this case at the port of entry under the VWP. This means if you entered the country with the intention of marrying and adjusting, were asked if this was your intention and stated no you misrepresented yourself. Equally, you'd be skating on very thin ice if you booked a venue and bought a dress/ quit your job and abandoned your lease BEFORE you entered on a VV/VWP and then adjusted.

However, if you came on a VV/VWP and decided to get married without any prior intention of doing so, you did not commit any fraud hence why it is legal.

OK thank you, but what about if I got married on the tourist visa and then left the US, came back to england. if i want to do that do I have to let them know when I enter the country that I want to get married. I read somewhere you can do that if you have proof your returning home.??

[lovelyalex 99]

I'm not sure as I haven't tried it but I'm guessing they might be a little heavy with the questions to make sure you are actually going to go home again. If they think for any reason whatsoever that you are going to stay in the country once you got married they are well within their rights to put on the next plane home again. I have read on here about people being asked on the POE about their intentions to stay, and even though they had proof of their return flight that was not enough and they were asked to see a copy of their work ID etc. Not that I am at all encouraging you to lie, but I think it might actually be better for you to not mention you were going to get married.

Once you were married and you returned to the UK, as per the guide section, your options would be as follows:

US Citizen lives in the US & Spouse lives overseas:

-----o Option 1: CR-1 / IR-1 Visa and I-130 Petition Guide, NVC Flowchart

-----o Option 2: K3 Visa Guide, K3 Flowchart

[Thedave10 0]

Thank you very much lovelyalex that information is very helpful!

Wish me luck!

[helpmelord 3]

Hi WilliamGuy,

Eventhough I filed my AOS late March...I did came on a B2, met my husband got married a year later n file to adjust my status...if you check out my signature you can have an understanding of the timeline n how long it takes.I've received my Interview Letter exactly 4 months after we filed n I estimated another 1 month if approved to recieve my GC so all together the average filing is 6-9 months,some less, some more, as I said all cases are different! my thoughts to you is gather all the imperative documents to prove to USCIS that ur wife had no intent to immigrate on a visitors visa as her intent may or may not be question at the interview so always be prepared.....My interview in on the 29th so I will keep you abreast!!

P.S you mentioned that u hired a Lawyer.. We did our paperwork all by ourselves...no lawyer!

Hope this helps...n good luck to you on ur journey !!

I have a questian did y have to file for anyone back home, i put my kids on mine and am adjusting from a b1/ b2 however my last entry was b1, do you think this will pose a problem, I have been here over six years bfore changing mine.

Edited May 15, 2010 by helpmelord