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

[JanaknJanet 0]

The key point to AOS now would be..

Was there intent at the time that the visitor visa was used.

Many people come here for visiting loved ones.. go back. live life like previous.. then decide ohh lets do it now.. and do the K-1.

Just cause one is in USA on a Tourist visa and then decided to marry doesnt show intent.

Many things could have changed in the situation... Once arrived and visited.. each found you couldnt live apart more.. or... someone gotten sick and you cannot leave your loved ones side.. or.. simply .. the LOVE BUG bite you on the #######. and you flew off to VEGAS or.. simply went to the court house.. .. .

This type of filing is for that situation.. not the ohhh.. i think i will visit my honey .. and then we will marry while we are there and adjust.. that is wrong..

but .. visiting your honey.. and.. doing the plunge.. without thought on it is correct and acceptable.. .

It is however the burdon of proof to the couple to prove the intentions. To prove that there was not preintentions of the use of AOS and marrige on a B-2/VWP visa.

I say .. go for it if you can back you your situation on her arriving as only a tourist. and seriously planning to return ...

[Oomer 0]

HEY ANS we have almost the same timeline!!!!!

That's right, DID U SAY SOMETHING ABOUT GET MARRIED?

c u later

I had not any intentions to get married in USA . So i just said i am SINGLE at POE .

I married in USA after 2 months of my entrance. and then filed for AOS one month later. It is better option, instead of going back to native country and ruining newly wed life and waiting for K visa procedure.

ANS

[Paul and Melanie 0]

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 intend 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

I agree! We did too! And we DID NOT have to prove that he had no intentions of staying here. All the officer asked was "Around what day did you decide to get married?" and that was late August after Paul arrived in July of '05. We had no problem at all adjusting. I guess it depends on the interviewing officer though.

[Sweetgirl 0]

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

HI! You can defenetely get married here and file for adjust of status documents as everybody else does and you will not have any problem as long as you;ve got married before her tourist visa expires.

Remember,you should get married before her tourist visa expires and you will not have any problem .

After you get married you need to file the Adjust of Status papers.

Thats all you need to do!

Hope this will help!

Take care!

[Collie 122]

Hi there, we married when i was on the vwp and are going through the aos process. That loophole does exist so that people can legally aos when already in the country.

[rushter 0]

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

I never 'implied' anything other than they are taking a risk based on the original intent of the tourist visa.

All I know is what the law says, and how chaotic experiences and procedures dictate.

You are attempting to persecute my straight-lined law abiding (intent of the law-vs-spirit of it) attitude based on your own quickie experience and skirting the procedures that everyone else in this place takes, based on the law as it is now.

Attempting to adjust status based on circumstances different from what you entered this country on is a situation that will always raise eyebrows, no matter where you go. I wish them no ill will, however, if I were a lawyer, I would NEVER advise them to get married then perform an AOS with a guarantee that it will be successful.

That is what the detractors of my ( and other careful posters here ) posts are doing.

Saying that it's ok, and they'll be ok. This is a dangerous practice.

Show me, somewhere in the law that it's ok to do what you are suggesting.

Just because it's happened before, happens now, and happens tomorrow, is no guarantee that what they will do will end up in marital bliss.

I'm not saying that they WON'T be successful in their bid for AOS based on marriage/entry/tourist visa... but rather that the powers that be, can turn their wonderful moment into a lifetime nightmare at the drop of a hat.

Something that you and others have successfully worked thru based on today's conditions and terms, but could change at an instant. You are talking about differences between the written law and what actually happens in practice.

I dare say if you can find a single lawyer in the aila to support this behaviour, you've found a lawyer that doesn't practice law. But if they do the deed, get married, file for aos or have a lawyer file aos for them post marriage, then the lawyer is not on the hook for the behaviour, since he never would've advised it in the first place.

The only thing that has been done is this thread is to issue wise words of warning to those that are considering taking an alternate path via chance circumstances, even though the intent was never to violate the terms and conditions of the visa issuance in the first place. You need to get the 'i did it differently from everbody and everybody don't like me for it' chip off your shoulder.

If they are successful, (as prior aos apps obviously have been), then that's absolutely wonderful. My hat's off to them because this entire 'legal process' is a $#%@)(* JOKE! And yes I'm angry at what I had to go thru, and the hell my wife went thru. Those that found a better way to get business accomplished is simply another step at establishing a 'defacto' operating policy, to eliminate these bs laws, especially imbra.... gawd, somebody give me justification for that????

Immigration laws are a joke, but nobody in their right mind would recommend violating them, or creating a situation that would 'appear' to create a violation lest they end up banned from the usa forever.

All I and other's have done is simply warn them of the consequences that the ####### dhs could decide to do one day.

Then you'll be reading their thread about aos denied, and would you care?

Would you be just another one of these posters here with a 25 line signature indicating your step by step progress with the uscis.... applied... touched... interview... approved.. and then you say... Oh dear, I'm so sorry to hear about this, my heart is with you.

Then you go about your merry way in life and those folks that you said you did it and they can to... try it and fail... do you give a damn about them?

You succeeded in your 'different' aos process. You tout your experience as authoritative, but yet, are you willing to take the hit for their failure?

I think not.

[Kez/JWolf 6]

You say I am not following the law.... well here is the law....

INSERTS/SERVICE LAW BOOKS/SERVICE LAW BOOKS MENU /TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)/8 CFR PART 245 -- ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

Sec. 245. [8 U.S.C. 1255]

(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

(1) the alien makes an application for such adjustment,

(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

(3) an immigrant visa is immediately available to him at the time his application is filed.

(b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current.

© 1/ Other than an alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv),(A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1), subsection (a) shall not be applicable to (1) an alien crewman; (2) 1/ subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H), (I), (J), or (K)) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (3) any alien admitted in transit without visa under section 212(d)(4)©; (4) an alien (other than an immediate relative as defined in section 201(b)) who was admitted as a nonimmigrant visitor without a visa under section 212(l) or section 217; (5) an alien who was admitted as a nonimmigrant described in section 101(a)(15)(S); (6) an alien who is deportable under section 237(a)(4)(B); 1a/ (7) 2/ any alien who seeks adjustment of status to that of an immigrant under section 203(b) and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 274A(h)(3), or who has otherwise violated the terms of a nonimmigrant visa.

(d) The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 216. The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) 2aa/ except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien's nonimmigrant status under section 101(a)(15)(K).

(e)(1) Except as provided in paragraph (3), an alien who is seeking to receive an immigrant visa on the basis of a marriage which was entered into during the period described in paragraph (2) may not have the alien's status adjusted under subsection (a).

(2) The period described in this paragraph is the period during which administrative or judicial proceedings are pending regarding the alien's right to be admitted or remain in the United States.

(3) Paragraph (1) and section 204(g) shall not apply with respect to a marriage if the alien establishes by clear and convincing evidence to the satisfaction of the Attorney General that the marriage was entered into in good faith and in accordance with the laws of the place where the marriage took place and the marriage was not entered into for the purpose of procuring the alien's admission as an immigrant and no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) or 2aa/ subsection (d) or (p) of section 214 with respect to the alien spouse or alien son or daughter. In accordance with regulations, there shall be only one level of administrative appellate review for each alien under the previous sentence.

The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 216A.

(g) In applying this section to a special immigrant described in section 101(a)(27)(K), such an immigrant shall be deemed, for purposes of subsection (a), to have been paroled into the United States.

(h) In applying this section to a special immigrant described in section 101(a)(27)(J)-

(1) such an immigrant shall be deemed, for purposes of subsection (a), to have been paroled into the United States; and

(2) in determining the alien's admissibility as an immigrant-

(A) paragraphs (4), (5)(A), and (7)(A) of section 212(a) shall not apply, and

(B) the Attorney General may waive other paragraphs of section 212(a) (other than paragraphs (2)(A), (2)(B), (2)© (except for so much of such paragraph as related to a single offense of simple possession of 30 grams or less of marijuana), (3)(A), (3)(B), (3)©, and (3)(E)) in the case of individual aliens for humanitarian purposes, family unity, or when it is otherwise in the public interest. The relationship between an alien and the alien's natural parents or prior adoptive parents shall not be considered a factor in making a waiver under paragraph (2)(B). Nothing in this subsection or section 101(a)(27)(J) shall be construed as authorizing an alien to apply for admission or be admitted to the United States in order to obtain special immigrant status described in such section.

(i)(1) 2a/ Notwithstanding the provisions of subsections (a) and © of this section, an alien physically present in the United States--

(A) who--

(i) entered the United States without inspection; or

(ii) is within one of the classes enumerated in subsection © of this section; 2a/

(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of--

(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or

(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/

© 2a/ who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically present in the United States on the date of the enactment of the LIFE Act Amendments of 2000; may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. The Attorney General may accept such application only if the alien remits with such application a sum equaling $1,000 3/ as of the date of receipt of the application, but such sum shall not be required from a child under the age of seventeen, or an alien who is the spouse or unmarried child of an individual who obtained temporary or permanent resident status under section 210 or 245A of the Immigration and Nationality Act or section 202 of the Immigration Reform and Control Act of 1986 at any date, who-

(i) as of May 5, 1988, was the unmarried child or spouse of the individual who obtained temporary or permanent resident status under section 210 or 245A of the Immigration and Nationality Act or section 202 of the Immigration Reform and Control Act of 1986;

(ii) entered the United States before May 5, 1988, resided in the United States on May 5, 1988, and is not a lawful permanent resident; and

(iii) applied for benefits under section 301(a) of the Immigration Act of 1990. The sum specified herein shall be in addition to the fee normally required for the processing of an application under this section. and

(2) Upon receipt of such an application and the sum hereby required, the Attorney General may adjust the status of the alien to that of an alien lawfully admitted for permanent residence if-

(A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and

(B) an immigrant visa is immediately available to the alien at the time the application is filed.

(3) 4/ (A) The portion of each application fee (not to exceed $200) that the Attorney General determines is required to process an application under this section and is remitted to the Attorney General pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in subsections (m), (n), and (o) of section 286.

(B) Any remaining portion of such fees remitted under such paragraphs shall be deposited by the Attorney General into the 4a/ Breached Bond/Detention established under section 286®, 4a/ except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one-half of such remaining portion shall be deposited by the Attorney General into the Immigration Examinations Fee Account established under section 286(m) .

(j)5/ (1) If, in the opinion of the Attorney General-

(A) a nonimmigrant admitted into the United States under section 101(a)(15)(S)(i) has supplied information described in subclause (I) of such section; and

(B) the provision of such information has substantially contributed to the success of an authorized criminal investigation or the prosecution of an individual described in subclause (III) of that section, the Attorney General may adjust the status of the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien if admitted under that section) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E).

(2) If, in the sole discretion of the Attorney General-

(A) a nonimmigrant admitted into the United States under section 101(a)(15)(S)(ii) has supplied information described in subclause (I) of such section, and

(B) the provision of such information has substantially contributed to-

(i) the prevention or frustration of an act of terrorism against a United States person or United States property, or

(ii) the success of an authorized criminal investigation of, or the prosecution of, an individual involved in such an act of terrorism, and

© the nonimmigrant has received a reward under section 36(a) of the State Department Basic Authorities Act of 1956, the Attorney General may adjust the status of the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien if admitted under such section) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E).

(3) Upon the approval of adjustment of status under paragraph (1) or (2)6/, the Attorney General shall record the alien's lawful admission for permanent residence as of the date of such approval and the Secretary of State shall reduce by one the number of visas authorized to be issued under sections 201(d) and 203(b)(4) for the fiscal year then current.

(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)©, under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection ©(2), ©(7), and ©(8), if--

(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

(A) failed to maintain, continuously, a lawful status;

(B) engaged in unauthorized employment; or

© otherwise violated the terms and conditions of the alien's admission.

8/ (1) If, in the opinion of the 11/ Secretary of Homeland Security, or in the case of subparagraph ©(i), the Attorney General, a nonimmigrant admitted into the United States under section 101(a)(15)(T)(i)--

(A) has been physically present in the United States for a continuous period of at least 3 years since the date of admission as a nonimmigrant under section 101(a)(15)(T)(i), 11/ or has been physically present in the United States for a continuous period during the investigation or prosecution of acts of trafficking and that, in the opinion of the Attorney General, the investigation or prosecution is complete, whichever period of time is less;

(B) has, throughout such period, been a person of good moral character, and

©(i) has, during such period, complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking, or

(ii) the alien would suffer extreme hardship involving unusual and severe harm upon removal from the United States, 11/ the Secretary of Homeland Security, or in the case of subparagraph ©(i), the Attorney General, may adjust the status of the alien (and any person admitted under section 101(a)(15)(T)(ii) 8a/ as the spouse, parent, sibling, 8a/ or child of the alien) to that of an alien lawfully admitted for permanent residence.

(2) Paragraph (1) shall not apply to an alien admitted under section 101(a)(15)(T) who is inadmissible to the United States by reason of a ground that has not been waived under section 212, except that, if the 11/ Secretary of Homeland Security considers it to be in the national interest to do so, the 11/ Secretary of Homeland Security, in the 11/ Secretary of Homeland Security discretion, may waive the application of--

(A) paragraphs (1) and (4) of section 212(a); and

(B) any other provision of such section (excluding paragraphs (3), (10)©, and (10(E)), if the activities rendering the alien inadmissible under the provision were caused by, or were incident to, the victimization described in section 101(a)(15)(T)(i)(I).

(3) 10/ An alien shall be considered to have failed to maintain continuous physical presence in the United States under paragraph (1)(A) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.

(4) 10/ (A) The total number of aliens whose status may be adjusted under paragraph (1) during any fiscal year may not exceed 5,000.

(B) The numerical limitation of subparagraph (A) shall only apply to principal aliens and not to the spouses, sons, daughters, siblings, 8a/ or parents of such aliens.

(5) 10/ Upon the approval of adjustment of status under paragraph (1), the 11/ Secretary of Homeland Security shall record the alien's lawful admission for permanent residence as of the date of such approval.

(m) 9/ 10/(1) The 11a/ Secretary of Homeland Security may adjust the status of an alien admitted into the United States (or otherwise provided nonimmigrant status) under section 101(a)(15)(U) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E), unless the Attorney General determines based on affirmative evidence that the alien unreasonably refused to provide assistance in a criminal investigation or prosecution, if--

(A) the alien has been physically present in the United States for a continuous period of at least 3 years since the date of admission as a nonimmigrant under clause (i) or (ii) of section 101(a)(15)(U); and

(B) in the opinion of the 11a/ Secretary of Homeland Security, the alien's continued presence in the United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest.

(2) An alien shall be considered to have failed to maintain continuous physical presence in the United States under paragraph (1)(A) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days unless the absence is in order to assist in the investigation or prosecution or unless an official involved in the investigation or prosecution certifies that the absence was otherwise justified.

(3) Upon approval of adjustment of status under paragraph (1) of an alien described in section 101(a)(15)(U)(i) the 11a/ Secretary of Homeland Security may adjust the status of or issue an immigrant visa to a spouse, a child, or, in the case of an alien child, a parent who did not receive a nonimmigrant visa under section 101(a)(15)(U)(ii) if the 11a/ Secretary considers the grant of such status or visa necessary to avoid extreme hardship.

(4) Upon the approval of adjustment of status under paragraph (1) or (3), the 11a/ Secretary of Homeland Security shall record the alien's lawful admission for permanent residence as of the date of such approval.

You will find the rest here http://www.uscis.gov/lpBin/lpext.dll/inser....htm#slb-act245

I dont have a chip on my sholder.... just a problem with people who think what I and other have done is wrong...

but everyone is entitled to their opinion...

Kezzie

[tamz 0]

VJ members have a major bias against other members who stroll on to US soil, get married, and adjust (with or without intent) instead of going the K-1 route.

**Just my 2 cents**

tamz

[camaleon 0]

Who cares I have to say again...

Wait for a few more months and u will see all the illegal getting legal status, WILL U LAIKE THAT? They really broke the law

We are just taking advantage of a little whole in the system.

c u later

[tamz 0]

Who cares I have to say again...

Wait for a few more months and u will see all the illegal getting legal status, WILL U LAIKE THAT? They really broke the law

We are just taking advantage of a little whole in the system.

c u later

[aussiewench 9]

We are just taking advantage of a little whole in the system.

Its not even a little hole in the system. It is perfectly legitimate and the law allows for it purposely or it wouldnt include it in 'How One May Apply to Become a Lawful Permanent Resident While in the United States?' There are many paths one can take depending on circumstances, this is just one of them.

Edited May 21, 2006 by aussiewench

[Jenn! 918]

I think sometimes it's difficult for people to distinguish from those who adjust from VWP who did have immigrant intent and those who did not, as know one really knows what was in someone's head at POE except for that person themself.

[Jenn! 918]

*edit: "no one really knows", not "know one really knows"

...too early for me on a Sunday...