Entering the US already married and applying for AOS

[oceansea 0]

I got married to my boyfriend of four years last month when I was in the US for two weeks on a visitor's visa. I left the country but I am planning to go back in January (as a visitor) and apply for adjustment of status from the US. Does anyone know from there own experience what might happen? What problems would I face? How long would it take?

I would appreciate any suggestion. Thx in advance.

[YuAndDan 153]

You are demonstrating clear intent to misuse a visitors visa. A visitors visa is NOT for immigrating to the USA. CR-1 and K-3 visas ARE. USCIS takes Visa Fraud very seriously.

Marriage BEFORE entry on a visitors visa indicates immigrant intent and will be STRONGLY questioned when interviewed for AOS.

The process for you is for your US citizen spouse to file an I-130 for an CR-1 visa for you.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide1

[Heliosphan 1]

I got married to my boyfriend of four years last month when I was in the US for two weeks on a visitor's visa. I left the country but I am planning to go back in January (as a visitor) and apply for adjustment of status from the US. Does anyone know from there own experience what might happen? What problems would I face? How long would it take?

I would appreciate any suggestion. Thx in advance.

Yikes! Why did you leave? You're coming back with the intent to adjust status. That's basically immigration fraud. Had you not left it would be an easier process. You should probably get advice from a lawyer before going through with it, most will tell you that you need to go the spousal visa route now.

[SunDrop 59]

I got married to my boyfriend of four years last month when I was in the US for two weeks on a visitor's visa. I left the country but I am planning to go back in January (as a visitor) and apply for adjustment of status from the US. Does anyone know from there own experience what might happen? What problems would I face? How long would it take?

I would appreciate any suggestion. Thx in advance.

Just a guess, but I would suspect that you risk being refused entry at your POE on a visitor's visa, as they will strongly suspect (rightly!) that you do not intend to leave. You technically committed immigration fraud, if we can assume that you entered on your visa with the intent of marrying. You will definately be lying to the USCIS if you enter on a visitor's visa in January, as you would have to demonstrate you plan to leave again and you have said already that you don't. With hinsight, you probably should have stayed and applied from the US for an AOS, as I understand that USC spouses have I-94 overstays excused if they have applied for an AOS.

You'd probably be better off applying for a K3 and going about entering the US legally as a spouse.

We all hate the waiting and the separations, but we're inflicting this torture on ourselves to make sure we get the best chance of quickly and successfully re-uniting with our loved ones LEGALLY. You're probably not going to get a lot of empathy asking for help or support going about it the way you are suggesting, or we'd all do it....

As a P.S. Lying to immigration won't help you at any point, whatever route you decide to take.

[diadromous mermaid 36]

I got married to my boyfriend of four years last month when I was in the US for two weeks on a visitor's visa. I left the country but I am planning to go back in January (as a visitor) and apply for adjustment of status from the US. Does anyone know from there own experience what might happen? What problems would I face? How long would it take?

I would appreciate any suggestion. Thx in advance.

You technically committed immigration fraud, if we can assume that you entered on your visa with the intent of marrying.

There's no fraud if a tourist enters the USA, marries and leaves. Which is what the OP did. The fraud is in using a non-immigrant visa or VWP with the intent to remain. The OP needs to petition for an immigrant visa at this point. Visiting while that visa is in process isn't out of the question, although it would require demonstrating existing and strong ties to her homeland to show to CBP agents at the POE.

[oceansea 0]

I got married to my boyfriend of four years last month when I was in the US for two weeks on a visitor's visa. I left the country but I am planning to go back in January (as a visitor) and apply for adjustment of status from the US. Does anyone know from there own experience what might happen? What problems would I face? How long would it take?

I would appreciate any suggestion. Thx in advance.

You technically committed immigration fraud, if we can assume that you entered on your visa with the intent of marrying.

There's no fraud if a tourist enters the USA, marries and leaves. Which is what the OP did. The fraud is in using a non-immigrant visa or VWP with the intent to remain. The OP needs to petition for an immigrant visa at this point. Visiting while that visa is in process isn't out of the question, although it would require demonstrating existing and strong ties to her homeland to show to CBP agents at the POE.

I know exactly that it is not advisable to do so, to enter already married and apply for AOS but I still believe that it mght not be impossible. I would like to hear from people who might have done the same. Otherwise, I will apply for GC from abroad, I will skip the K3 process at this point. I guess it takes about the same time?

Thank you all for your help and advice.

[YuAndDan 153]

I got married to my boyfriend of four years last month when I was in the US for two weeks on a visitor's visa. I left the country but I am planning to go back in January (as a visitor) and apply for adjustment of status from the US. Does anyone know from there own experience what might happen? What problems would I face? How long would it take?

I would appreciate any suggestion. Thx in advance.

You technically committed immigration fraud, if we can assume that you entered on your visa with the intent of marrying.

There's no fraud if a tourist enters the USA, marries and leaves. Which is what the OP did. The fraud is in using a non-immigrant visa or VWP with the intent to remain. The OP needs to petition for an immigrant visa at this point. Visiting while that visa is in process isn't out of the question, although it would require demonstrating existing and strong ties to her homeland to show to CBP agents at the POE.

I know exactly that it is not advisable to do so, to enter already married and apply for AOS but I still believe that it mght not be impossible. I would like to hear from people who might have done the same. Otherwise, I will apply for GC from abroad, I will skip the K3 process at this point. I guess it takes about the same time?

Thank you all for your help and advice.

No one will condone or advise a person to commit visa fraud.

I have read of a few cases where people have done what you suggest and had no problems, but then again the AOS officer can simply follow the LAW and deny AOS in the grounds of misuse of visitors visa and order deportation.

Do it the SAFE and correct way file I-130 for a spousal visa.

[LuckyDucky 0]

I know exactly that it is not advisable to do so, to enter already married and apply for AOS but I still believe that it mght not be impossible. I would like to hear from people who might have done the same. Otherwise, I will apply for GC from abroad, I will skip the K3 process at this point. I guess it takes about the same time?

Just to be absolutely clear, and my apologies if you already know this, but coming to the US with a visitor's visa with intent to adjust status is considered visa fraud. This is not just inadvisable, but it is illegal and can have some dire consequences.

You may get some people who have done this who are willing to share their stories, but I don't know how forthcoming they will be on this board.

More importantly, you will probably get some skewed results. For example, and I'm just thinking out loud here, say there are people who have been able to circumnavigate the system and are on the boards. You may hear a number of success stories. However, those that have tried and failed have probably received a ban to enter the US (legally) for a period of time, sometimes forever. That means that these failed people probably won't be hanging around on a board whose intent is to assist those coming to the US legally. Even if they were to try to go the legal route now, they would not be able to come. They won't be posting here.

So you might hear a high ratio of success : failure on here, which might give you a false feeling of security that it's easy to bypass the system.

[oceansea 0]

I know exactly that it is not advisable to do so, to enter already married and apply for AOS but I still believe that it mght not be impossible. I would like to hear from people who might have done the same. Otherwise, I will apply for GC from abroad, I will skip the K3 process at this point. I guess it takes about the same time?

Just to be absolutely clear, and my apologies if you already know this, but coming to the US with a visitor's visa with intent to adjust status is considered visa fraud. This is not just inadvisable, but it is illegal and can have some dire consequences.

You may get some people who have done this who are willing to share their stories, but I don't know how forthcoming they will be on this board.

More importantly, you will probably get some skewed results. For example, and I'm just thinking out loud here, say there are people who have been able to circumnavigate the system and are on the boards. You may hear a number of success stories. However, those that have tried and failed have probably received a ban to enter the US (legally) for a period of time, sometimes forever. That means that these failed people probably won't be hanging around on a board whose intent is to assist those coming to the US legally. Even if they were to try to go the legal route now, they would not be able to come. They won't be posting here.

So you might hear a high ratio of success : failure on here, which might give you a false feeling of security that it's easy to bypass the system.

Ok, you did put some sense (and fear!) into my mind. So the first thing is that I should apply for K3? Then at the same time apply for the GC? Also, does anyone know the address is the USCIS office servicing New York?

[cdn_in_wa 1]

I got married to my boyfriend of four years last month when I was in the US for two weeks on a visitor's visa. I left the country but I am planning to go back in January (as a visitor) and apply for adjustment of status from the US. Does anyone know from there own experience what might happen? What problems would I face? How long would it take?

I would appreciate any suggestion. Thx in advance.

At the risk of being stoned ... nah, Just Kidding.

I entered as a visitor while married to a USC. However, I entered WITHOUT INTENT to stay. We made that decision AFTER I entered. Our original plan was to move my spouse to Canada.

It can be done, but the issue here is INTENT, which you have clearly expressed on this thread.

In our case, no questions were asked at our interview regarding intent, but we were prepared to answer them if they were. Unfortunately, because we did not plan this, we did not have a lot of proof of lack of intent (much was destroyed along the way when we moved house before we realized it would have been helpful). Fortunately, we did not need to provide any of this.

I did read about someone else who was asked at the interview about their intent. They also successfully adjusted status. I do not know the circumstances of their entry.

I cannot recommend doing what you suggest, since you already have the intent. It is stressful enough when you do not have the intent - you have the worry that you will be assumed to have it.

Not sure what embassy/consulate you would be applying through, but CR1 would probably be the best route for you. When you finally enter with visa in hand, you get the GC without having to wait out an AOS application. I've been here 13 months and just today got my Welcome Letter. You should be able to travel to the US while this is in process, providing you have plenty of proof of intent to leave.

[YuAndDan 153]

Ok, you did put some sense (and fear!) into my mind. So the first thing is that I should apply for K3? Then at the same time apply for the GC? Also, does anyone know the address is the USCIS office servicing New York?

If you apply for K-3, you get visa and enter the USA THEN you apply for Green-Card (AOS) in the USA they are NOT applied for at the same time.

OR simply apply for a CR-1 visa (I-130 ONLY) this visa results in a GREEN-CARD upon entry to the USA because it is an IMMIGRANT visa, NO adjustment of status. CR-1 is a GREEN-CARD visa.

Do the CR-1 visa you will be much more happy for it because of the INSTANT GREEN-CARD.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[Beantownbabe 1]

A very good friend of mine did that, but really out of plain ignorance. They got married abroad and then my friend came back with her husband and applied for AOS. I say it was out of ignorance because my friend did call the Embassy abroad to ask if she was allowed to do it and they told her yes! So here she is, not thinking they did anything wrong. They did have a successful interview, BUT the subject did come up at that time and the IO was very clear and told them it was not the correct way to do things.