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Fiance already in USA, can we marry & file for AOS without K1 ??

By lobetrotter in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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lobetrotter Newbie

lobetrotter   0

Posted
Filed: Country: Israel
 Timeline
Posted

Hello --

My fiance is here from Israel on a tourist visa, we've been seeing each other for 5 years (spent all of last year together) and we have decided to get married.

We were hoping to not separate again & just file for an AOS while she's here. Instead of going back to Israel, filing for a K1 visa, then waiting . . .

I read somewhere else this was possible, but in the GUIDE seciton on this site, it says she should return to Israel first . . .

Has anyone gotten married to someone visiting the USA on a tourist visa & then filed for AOS and continued the process from there ??

Any help would be greatly appreciated. Sorry if this is a stupid question, but I'm confused on how to go about this.

-Kristopher

tamz Explorer

tamz   0

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Yes it is possible, and there are members on VJ that have done it this way.

You must prove that there was no intent to get married when she visited you.

I-129F

12.18.04 Mailed I-129F

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AOS&AP (K-2)

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luv2teach77 Community Regular

luv2teach77   41

Posted
Filed: Citizen (apr) Country: England
 Timeline
Posted

The problem here is that, based on the OP's post, there obviously is prior intent to get married along with an understanding of the K-1 visa process. They have even looked into the K-1 route but have decided that instead of taking this route, they will say there was no prior intent when there quite obviously is !!

I have no problem with people who have genuinely arrived in the US and decided on the spur of the moment to get married. This is 100% legal and is a perfectly acceptable path for some couples to take. However, it appears to me that although the OP and his Fiancee are aware of the K-1 visa process, they are willing to circumvent that process by claiming that there was no prior intent.

I'm sure I'll get jumped on for this post but my opinion is my opinion, like it or leave it. I just wanted to make the OP aware that while in many cases adjusting from a visitor visa is fine, in cases like this where a concious decision has been made to 'play dumb' about knowledge of the various K visa processes, what they propose to do is commit visa fraud and gain residency by lying to the authorities.

End of rant... apologies if I've stepped on anyones toes.

Mark :)

Our Full Timeline From K-1 Application through to Receiving my Green Card

Timeline Summary

11/30/2007 - I-751 Mailed to Nebraska

12/28/2007 - NOA Received (application has been forwarded to California)

01/09/2008 - Biometrics taken in St. Louis

03/27/2008 - I-751 Approved, 10 Yr Greencard in the mail !!

12/20/2016 - N-400 mailed to Phoenix lockbox

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lobetrotter Newbie

lobetrotter   0

Posted
Filed: Country: Israel
 Timeline
  • Author
Posted

um ....

maybe you misread my post ...

she is over here now.

we did just decide to get married, spur of the moment.

my question was whether or not she needed to fly back to Israel before we got married and then apply for the K1 visa. or if we could just get married & she could stay here.

-kris

Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

Having prior knowlege of the visa process is not a bar to doing AOS from within the US... they may have only just decided to actually get married... it does not sound as thought she entered the States with a wedding planned or with the intent to remain...

I agree Mark that to come with the intent to get married and remain so you dont have to go through the K1 process is wrong and visa fraud...

To the OP you can follow the guides at the top for doing AOS from within the US just make sure you also file I-130 with the AOS packet...

Good Luck

Kezzie

meauxna Mentor

meauxna   15

Posted
Filed: Country: United Kingdom
 Timeline
Posted
um ....

maybe you misread my post ...

she is over here now.

we did just decide to get married, spur of the moment.

my question was whether or not she needed to fly back to Israel before we got married and then apply for the K1 visa. or if we could just get married & she could stay here.

-kris

kris,

The best advice for people in your situation is for you to go and have an *in person & private* consulatation with an immigration attorney who can interview you and find out if this is a workable solution for *your case*.

There are lots of things that you may not know about that could be barriers. And, if you find out that there aren't any, you're in a good position to make an informed decision.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

Kristopher,

Yes, what you propose is possible. Many people have done it.

It's also possible that the application to adjust status will be denied - that's happened to people also.

The scenario you propose has issues best discussed with an immigration attorney who has done this kind of thing before. Such an attorney can improve your odds of success without problems, and you'll surely need them in the event of problems.

Yodrak

Hello --

My fiance is here from Israel on a tourist visa, we've been seeing each other for 5 years (spent all of last year together) and we have decided to get married.

We were hoping to not separate again & just file for an AOS while she's here. Instead of going back to Israel, filing for a K1 visa, then waiting . . .

I read somewhere else this was possible, but in the GUIDE seciton on this site, it says she should return to Israel first . . .

Has anyone gotten married to someone visiting the USA on a tourist visa & then filed for AOS and continued the process from there ??

Any help would be greatly appreciated. Sorry if this is a stupid question, but I'm confused on how to go about this.

-Kristopher

rushter Explorer

rushter   0

Posted
Filed: AOS (apr) Country: Russia
 Timeline
Posted

The way I understand the law on this is....

What you do not want to do, is to violate the intent of the tourist visa.

You can get married anywhere and anytime you want, however, at that point, you begin the process to file for a K3 visa, or possibly a DCF at the consulate in Israel if they allow it there.

So, if you do not get an attorney to find out the real details of what the implications of your actions will be, the best thing to do (if you want to get married), is to get married, file the appropriate K2 application and go home when the tourist visa is up. (or go home and file a dcf).

If you do anything other than this, then she risks accumulating unlawful presence here in the USA which could seriously impact her ability to immigrate here.

All that info is on the uscis website... Do anything else, then I recommend you hire a very good and competent attorney to walk you through this (before the tourist visa expires) because you are risking becoming an 'illegal immigrant', with the potential of being accused of 'visa fraud' on the tourist visa.

You don't want a spur of the moment nice thing to turn into a nightmare.

Doing this immigration process is nightmare enough doing it the legal way!

Get a lawyer - and even then that's no guarantee that you'll get approved. You could still lose depending on the whims of the case officers, the courts, and/or congress...

http://www.usaimmigrationattorney.com/DCFa...Fcountries.html

The above is a pretty good link on direct consular filing. If you should make a decision to get married and want to do it this way, you would be advised to contact the embassy prior to marriage to determine what their requirements are. Israel is on the list of countries that allow for DCF.

Yes Red Foreman, call me a dumbass

Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

There is nothing to stop them filing for AOS and remaining here... and it is not illegal to do so... there are many spur of the moment marriages on these boards and yes we have all filled for AOS and remained here with our loved ones.... as I said further up follow the AOS guide and file I-130... go talk to a good lawyer if you feel you need to check anything....

but it is NOT illegal to do AOS this way...... even if some people will tell you that you should go home and do things the RIGHT way... just ignore them they are just pissed that you are doing thing in a way that means you get to be together.....

Good Luck

Kezzie

rushter Explorer

rushter   0

Posted
Filed: AOS (apr) Country: Russia
 Timeline
Posted
but it is NOT illegal to do AOS this way...... even if some people will tell you that you should go home and do things the RIGHT way... just ignore them they are just pissed that you are doing thing in a way that means you get to be together.....

Don't think anybody said it was illegal. Just that the intent of the visitors visa could be used as leverage against them if the uscis is having a bad day.

Pissed? Me, no way. Go for it if you can do it. Millions of border crossers are getting away with #$%@# daily.

Yes Red Foreman, call me a dumbass

Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

rushter the tone of your reply is exactly what I am talking about..... you imply that it is wrong to do AOS from a tourist/vwp visa... it is not wrong if when you entered the states you did not have intent to remain and got married on the spur of the moment.... that is why USCIS allows for this sort of adjustment... if it was wrong then you would be barred from doing AOS...

If you have a genuine marraige and you did not lie at POE then you have nothing to fear... many of us on this board have adjusted with no problems at all... who entered on tourist/vwp visa's...

Kezzie

Oomer Enthusiast

Oomer   0

Posted
Filed: Citizen (apr) Country: Pakistan
 Timeline
Posted

I am adjusting status as visitor. And my application is in process. It depends how strongly you present case. I suggest to adjust status in USA.

ANS

--Jan 13,2006 Entered USA as Visitor (B2) ( I-94 is valid till end of June,2006)

--March 28,2006 Married in Naperville ,Illinois to United States Citizen

--April 5, 2006 Medical examination (I 693)+ Vaccination supplement form completed (chicago)

--April, 18,2006 AOS Package(I 130,I 485, I765)+supporting documents sent (chicago Lock Box)(DAY 1)

--May 1, 2006 BIOMETRIC APPOINTMENTS ( I 765 , I 485) received by mail for May 6, 2006

--May 6, 2006 BIOMETRICS TAKEN BY USCIS in Naperville (Day 19)

--July 21,2006 Initial Interview but waiting for FBI NAME CLEARANCE (Day 92)

--April 25, 2009 Infopass appointment to inquire my case : Result case was approved in June of 2008 but no body bothered to update my file (Day almost 610 )

--June 29 ,2009 10 year green card with date of Perm resident June 2008 received (Day almost 680 since interview )

--July 2011 Citizenship Interview :

-- Nov 2011 Oath Ceremony -US Citizen

Oomer Enthusiast

Oomer   0

Posted
Filed: Citizen (apr) Country: Pakistan
 Timeline
Posted

DID YOU TELL AT POE that you have US fiance or something hinting about wedding stuff?

--Jan 13,2006 Entered USA as Visitor (B2) ( I-94 is valid till end of June,2006)

--March 28,2006 Married in Naperville ,Illinois to United States Citizen

--April 5, 2006 Medical examination (I 693)+ Vaccination supplement form completed (chicago)

--April, 18,2006 AOS Package(I 130,I 485, I765)+supporting documents sent (chicago Lock Box)(DAY 1)

--May 1, 2006 BIOMETRIC APPOINTMENTS ( I 765 , I 485) received by mail for May 6, 2006

--May 6, 2006 BIOMETRICS TAKEN BY USCIS in Naperville (Day 19)

--July 21,2006 Initial Interview but waiting for FBI NAME CLEARANCE (Day 92)

--April 25, 2009 Infopass appointment to inquire my case : Result case was approved in June of 2008 but no body bothered to update my file (Day almost 610 )

--June 29 ,2009 10 year green card with date of Perm resident June 2008 received (Day almost 680 since interview )

--July 2011 Citizenship Interview :

-- Nov 2011 Oath Ceremony -US Citizen

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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