timing tourist marries a US citizen

[maemaemae 0]

Hi, I arrived here as a tourist. And my husband and i filed i-485, i-130, and 1-765 after my husband became a US citizen. My husband and i got married few days after i arrived here because we don't wanna get seperated anymore I was reading a newspaper 2 weeks ago and it states in there that a tourist is not allowed to get married to a US citizen 60 days after he/she arrived in the US, then file for a petition. I just want to verify this information and to seek some help on what to do.I will be having my interview next month for i-485. I also want to know if pictures, videos, letters and joint bank accounts are enough proofs that our marriage is genuine. If not, what more things do we need to bring to prove that our marriage is genuine. Thanks.

[JenT 0]

You're not giving us enough information to help you. Was your husband a US citizen when you married? What country are you from? How long ago did this happen?

The mere fact of having a marriage certificate does not give you the right to remain in the US.... ask the hunedreds of people on this board who are separated from their spouses...

[maemaemae 0]

Hi, I arrived here as a tourist. And my husband and i filed i-485, i-130, and 1-765 after my husband became a US citizen. My husband and i got married few days after i arrived here because we don't wanna get seperated anymore I was reading a newspaper 2 weeks ago and it states in there that a tourist is not allowed to get married to a US citizen 60 days after he/she arrived in the US, then file for a petition. I just want to verify this information and to seek some help on what to do.I will be having my interview next month for i-485. I also want to know if pictures, videos, letters and joint bank accounts are enough proofs that our marriage is genuine. If not, what more things do we need to bring to prove that our marriage is genuine. Thanks.

My husband wasn't yet a US citizen when we got married. I arrived here last Jan 9 2006, and got married on Jan 18, 2006. My husband became a US citizen on March 3, 2006 and we filed the petition on March 6. Thanks.

[meauxna 15]

The "60 day rule" is an Urban Legend. The story you read was not true.

[sjoefl01 1]

Somebody should tell the USCIS this is an urban legend. They have included it in their foreign affairs manual.

The "60 day rule" is an Urban Legend. The story you read was not true.

9 FAM 40.63 N4.7-2 Within 30-Days

(TL:VISA-313; 08-27-2001)

If an alien violates his or her nonimmigrant status by adjusting status or

by seeking unauthorized employment within 30 days of entry, the consular

officer may presume that the applicant misrepresented his or her intention in

seeking a visa or entry.

9 FAM 40.63 N4.7-3 After 30 days But Within 60

(TL:VISA-313; 08-27-2001)

If an alien initiates such violation of status more than 30 days but less

than 60 days after entry into the United States, no presumption of misrepresentation

arises. However, if the facts in the case give the consular officer

reasonable belief that the alien misrepresented his or her intent, then the

consular officer must give the alien the opportunity to present countervailing

evidence. If the officer does not find such evidence to be persuasive, then

the consular officer must submit a comprehensive report to the Department

(CA/VO/L/A) for the rendering of an advisory opinion.

[sjoefl01 1]

Somebody should tell the DOS this is an urban legend. They have included it in their foreign affairs manual.

The "60 day rule" is an Urban Legend. The story you read was not true.

9 FAM 40.63 N4.7-2 Within 30-Days

(TL:VISA-313; 08-27-2001)

If an alien violates his or her nonimmigrant status by adjusting status or

by seeking unauthorized employment within 30 days of entry, the consular

officer may presume that the applicant misrepresented his or her intention in

seeking a visa or entry.

9 FAM 40.63 N4.7-3 After 30 days But Within 60

(TL:VISA-313; 08-27-2001)

If an alien initiates such violation of status more than 30 days but less

than 60 days after entry into the United States, no presumption of misrepresentation

arises. However, if the facts in the case give the consular officer

reasonable belief that the alien misrepresented his or her intent, then the

consular officer must give the alien the opportunity to present countervailing

evidence. If the officer does not find such evidence to be persuasive, then

the consular officer must submit a comprehensive report to the Department

(CA/VO/L/A) for the rendering of an advisory opinion.

[aussiewench 9]

Somebody should tell the DOS this is an urban legend. They have included it in their foreign affairs manual.

sjoefl01

What you quoted is from the Department of State.....nothing to do with USCIS. If you also look at the context from which what you quoted came, you will see that it pertains to those falling within that realm, who are applying for a visa at a consulate. It is an 'urban legend' when it comes to USCIS.

http://foia.state.gov/masterdocs/09fam/0940063N.pdf

Edited May 22, 2006 by aussiewench

[maemaemae 0]

Somebody should tell the DOS this is an urban legend. They have included it in their foreign affairs manual.

sjoefl01

What you quoted is from the Department of State.....nothing to do with USCIS. If you also look at the context from which what you quoted came, you will see that it pertains to those falling within that realm, who are applying for a visa at a consulate. It is an 'urban legend' when it comes to USCIS.

http://foia.state.gov/masterdocs/09fam/0940063N.pdf

Thanks to all the information. So I don't have to worry about the 30/60 right? What does that the change of status poiting to? Is it to change your status from tourist visa to permanent resident, or is it from being single to married? What are the things to we should ready before the interview? Is there any s[ecific instructions we must do or be prepared of? Thanks in advance.

[aussiewench 9]

maemaemae

Read this thread about AOS

[meauxna 15]

Somebody should tell the DOS this is an urban legend. They have included it in their foreign affairs manual.

joe,

DOS does not adjudicate AOS applications.

[sjoefl01 1]

I know that the FAM is from DOS and these instructions are for the adjudicators at the consulates where they are looking over a K3 type visa for somebody that obviously got married on the wrong visa.

While there may be no specific published manual that we all have access to I think that surely a marriage that happened really soon after entry on a tourist visa was obviously intended on entry. Surely they aren't stupid enough to think that somebody entered as a tourist, fell in love and married in a week. I can't imagine them not asking questions about intent on entry.

[diadromous mermaid 36]

I know that the FAM is from DOS and these instructions are for the adjudicators at the consulates where they are looking over a K3 type visa for somebody that obviously got married on the wrong visa.

While there may be no specific published manual that we all have access to I think that surely a marriage that happened really soon after entry on a tourist visa was obviously intended on entry. Surely they aren't stupid enough to think that somebody entered as a tourist, fell in love and married in a week. I can't imagine them not asking questions about intent on entry.

I'd imagine this situation would be subject to the proofs of any VWP->AOS marriage-based situation. While time between entry-> marriage -> adjustment can be an indicator, it's not the only indicator and is not all that conclusive alone. Now, if this impetuous ceremony were coupled with other indicators, such as having ripped up roots, disposed of home, job etc prior to travelling here, then there'll be some 'splaining to do, I'd think.

[Yodrak 7]

sjoefl,

I can easily imagine a person entering as a tourist with no intention whatsoever of getting married, and change their mind within a few days. They could have been in love for quite some time.

Yodrak

I know that the FAM is from DOS and these instructions are for the adjudicators at the consulates where they are looking over a K3 type visa for somebody that obviously got married on the wrong visa.

While there may be no specific published manual that we all have access to I think that surely a marriage that happened really soon after entry on a tourist visa was obviously intended on entry. Surely they aren't stupid enough to think that somebody entered as a tourist, fell in love and married in a week. I can't imagine them not asking questions about intent on entry.

[lspowers 0]

sjoefl,

I can easily imagine a person entering as a tourist with no intention whatsoever of getting married, and change their mind within a few days. They could have been in love for quite some time.

Yodrak

I know that the FAM is from DOS and these instructions are for the adjudicators at the consulates where they are looking over a K3 type visa for somebody that obviously got married on the wrong visa.

While there may be no specific published manual that we all have access to I think that surely a marriage that happened really soon after entry on a tourist visa was obviously intended on entry. Surely they aren't stupid enough to think that somebody entered as a tourist, fell in love and married in a week. I can't imagine them not asking questions about intent on entry.

You are right, and this is what happened to me. My wife (now) came to the US on a tourist visa and we got married a few weeks after her arrivial. I had met her in her country and we spoke everyday on the telephone for six minths. After that when we decided to get a visa so she could come visit me and see where I live and meet my family (all things I had done in her country). We knew we wanted to get married, but not sure when, especially for her not knowing anything about where I lived. So when she went for visa interview she was honest and said she was coming to visit her boyfriend and meet his family. The consulate required that I call and speak to her, and I told the same thing, that we were someday going to get married but this trip was to meet the family etc. Well, long story short, we got married (8/99) on her trip, we filed for AOS and had no problem, other than a long wait in getting that and later a greencard. Forward to 2/2005 and she is now a citizen, we have two kids and she is a pharmacists having completed lincensure equivilancy testing. WARNING****------BUT here is my warning for all who want to AOS. Forward to this month May 2006, we want her brother and sister to come visit for three weeks this summer. They apply and go for an interview and are flatly denied without even lookiong at their docs. The consular was only interested in my wife's situation. He told them to have her call, which she did and he went off on her. He said she broke the law and had no right to be in the USA. He really intimidated her and then denied her brother and sister because of this. This guy was a real jerk to us. What is interesting is that noone in the long process of AOS, greencard, citizenship etc.. ever spoke to us about breaking the law or not having the right to be in the USA, He was the first and only one. Now we fear her family will never get the chance to vist us here, and we do go back every year or so, but it is not easy with two kids. I spoke to my congressman and they inquired with the embassy only to be told that they were denied under status 214-B, but in thier passports the consular marked 221-G, but on a separate denial form he marked 214-B. We don't know what to do at this point. .......

[MPGGPM 0]

sjoefl,

I can easily imagine a person entering as a tourist with no intention whatsoever of getting married, and change their mind within a few days. They could have been in love for quite some time.

Yodrak

I know that the FAM is from DOS and these instructions are for the adjudicators at the consulates where they are looking over a K3 type visa for somebody that obviously got married on the wrong visa.

While there may be no specific published manual that we all have access to I think that surely a marriage that happened really soon after entry on a tourist visa was obviously intended on entry. Surely they aren't stupid enough to think that somebody entered as a tourist, fell in love and married in a week. I can't imagine them not asking questions about intent on entry.

You are right, and this is what happened to me. My wife (now) came to the US on a tourist visa and we got married a few weeks after her arrivial. I had met her in her country and we spoke everyday on the telephone for six minths. After that when we decided to get a visa so she could come visit me and see where I live and meet my family (all things I had done in her country). We knew we wanted to get married, but not sure when, especially for her not knowing anything about where I lived. So when she went for visa interview she was honest and said she was coming to visit her boyfriend and meet his family. The consulate required that I call and speak to her, and I told the same thing, that we were someday going to get married but this trip was to meet the family etc. Well, long story short, we got married (8/99) on her trip, we filed for AOS and had no problem, other than a long wait in getting that and later a greencard. Forward to 2/2005 and she is now a citizen, we have two kids and she is a pharmacists having completed lincensure equivilancy testing. WARNING****------BUT here is my warning for all who want to AOS. Forward to this month May 2006, we want her brother and sister to come visit for three weeks this summer. They apply and go for an interview and are flatly denied without even lookiong at their docs. The consular was only interested in my wife's situation. He told them to have her call, which she did and he went off on her. He said she broke the law and had no right to be in the USA. He really intimidated her and then denied her brother and sister because of this. This guy was a real jerk to us. What is interesting is that noone in the long process of AOS, greencard, citizenship etc.. ever spoke to us about breaking the law or not having the right to be in the USA, He was the first and only one. Now we fear her family will never get the chance to vist us here, and we do go back every year or so, but it is not easy with two kids. I spoke to my congressman and they inquired with the embassy only to be told that they were denied under status 214-B, but in thier passports the consular marked 221-G, but on a separate denial form he marked 214-B. We don't know what to do at this point. .......

I would imagine they were denied because after your wife stayed in the USA after she was issued a tourist visa, the first thing that must come to their minds is ......if your wife stayed, why wouldn't her brother and sister do the same? From that point of view, I can totally understand why the consulate would be hesitiant to issue them tourist visas and why they were denied.

That doesn't mean they are correct.....it is just understandable. It also doesn't excuse them if they were rude to your wife as well.

But I would say you have your work cut out for you. Because now it is an issue of trust from the consulate's point of view, and that will be VERY difficult to overcome based on your events.

The consulate and USCIS are 2 different things. USCIS does not issue tourist visas. The fact that USCIS allowed your wife to adjust status, and didn't give you a hard time was probably because although they knew she stayed on a tourist visa, they had to give you the benefit of the doubt that she didn't intentionally plan to stay. Unless they could prove that......what else could they do but issue her a green card?

I have had several dealings with the consulate in my wife's country, and it was not until I actually went to the consulate with my wife, in person, that their approach toward me changed. When I was in the USA and could only contact them by email or phone, I found them to be very standoffish. But once they saw my wife and I in person, it was quite different......and lately I have found several of the people who work there to be very polite and actually quite helpful in the requests I have made.

But that "trust" issue is very important, and it has taken me a while to earn that from them. I would say in your position it will be quite hard to get the visas, ....so I can only advise you that you will not get very far just by contacting them by phone. If you can actually go in person the next time you visit, and speak to someone in person, maybe you'll be more successful.

But they are cautious by nature, and because you're wife remained when issued a tourist visa.........you have your work cut out for you to get any other relative's a tourist visa. (as you have found out already)

Good luck.