we are married...now what?

[shannonnicole 0]

My fiance is a Mexican citizen. He arrived to the United States to visit my family and me and to plan our wedding (it was not his first visit) in on 12 October 2008. He is here right now on a 10-year tourist visa. His most recent permission is valid until mid-April, 2009. We were married in Pennsylvania on December 29. We want to start the residency process but I'm not sure which visa to apply for. We are hoping that he can stay here in the USA during the processing of the paperwork.

Any thoughts?

[Jasman0717 9]

If he is here and you are married you need to do adjustment of status.

[ScratchIt 12]

My fiance is a Mexican citizen. He arrived to the United States to visit my family and me and to plan our wedding (it was not his first visit) in on 12 October 2008. He is here right now on a 10-year tourist visa. His most recent permission is valid until mid-April, 2009. We were married in Pennsylvania on December 29. We want to start the residency process but I'm not sure which visa to apply for. We are hoping that he can stay here in the USA during the processing of the paperwork.

Any thoughts?

It sounds like his current visa (B2?) will expire soon and that will be that. Since you are already married i would think that the I-130 would be appropriate. The visa will not keep him here. You will have to apply for permanent residency via the USCIS. I don't think you will be applying for another visa but you will have to apply and have the application accepted (NOA1) for him to be allowed to stay.

What say all you other legal eagles out there? Do I have this right? Similar to a K1 (entry on a tourist visa), then marriage (no application for permanent residency yet), then apply for permanent residency (I-130), then apply for AOS...

Whatever the case I certainly think it should be done before the expiration on the current visa.

Edited January 8, 2009 by ScratchIt

[Mononoke28 135]

All he has to do is file for AOS along with the I-130 for his permanent residency. You can find step by step instructions on how to file in the GUIDES found here on VJ.

Diana

[payxibka 10,047]

moving from K-3 to AOS from Tourist, Student or other visa...

[YuAndDan 153]

http://www.visajourney.com/forums/index.ph...page=i130guide2

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

Edited January 8, 2009 by YuAndDan

[Laura+Tom 2]

Isn't entering the US on a tourist visa with intent to immigrate classed as fraud? Since you planned to get married and all?

Or am I missing something?

Edited January 8, 2009 by Laura+Tom

[shannonnicole 0]

thank you all...we will check into those things. yes, his visa is currently a B2. he still has nine and ahalf years left on that visa. we just renewed it recently. we wnat to change to residency status, though.... so we will look at applying directly for the green card.

thanks!

Isn't entering the US on a tourist visa with intent to immigrate classed as fraud? Since you planned to get married and all?

Or am I missing something?

really? i never imagined that! he came as just a visit. we got engaged...and then planned the wedding. does that make it fraud?

[YuAndDan 153]

Isn't entering the US on a tourist visa with intent to immigrate classed as fraud? Since you planned to get married and all?

Or am I missing something?

Intent will be looked at closely by USCIS since you did not use a K-1 visa, there WILL be an interview for AOS, and they will seriously question intent upon entry. A visitors visa is NOT a shortcut around the processing required for an Immigrant intent visa like a K-1.

If a visitors visa allowed for immigrations, then there would be NO need for the K-1 visas.

[EstebanTrabajos 7]

thank you all...we will check into those things. yes, his visa is currently a B2. he still has nine and ahalf years left on that visa. we just renewed it recently. we wnat to change to residency status, though.... so we will look at applying directly for the green card.

thanks!

Isn't entering the US on a tourist visa with intent to immigrate classed as fraud? Since you planned to get married and all?

Or am I missing something?

really? i never imagined that! he came as just a visit. we got engaged...and then planned the wedding. does that make it fraud?

If this is true, you are good to go don't worry. One can come to visit with intentions to plan a wedding NOT coming to HAVE a wedding ok?

Chillax peeps

[Bobby+Umit 161]

thank you all...we will check into those things. yes, his visa is currently a B2. he still has nine and ahalf years left on that visa. we just renewed it recently. we wnat to change to residency status, though.... so we will look at applying directly for the green card.

thanks!

Isn't entering the US on a tourist visa with intent to immigrate classed as fraud? Since you planned to get married and all?

Or am I missing something?

really? i never imagined that! he came as just a visit. we got engaged...and then planned the wedding. does that make it fraud?

If this is true, you are good to go don't worry. One can come to visit with intentions to plan a wedding NOT coming to HAVE a wedding ok?

Chillax peeps

This is true.

However, it can be very difficult sometimes to prove "intent" of the visit...

If the OP wants to take no chances, the visitor should return to his country, (since he was just "visiting", he should still have alot of ties left to clear up....), and the USC should start the K-3 process.

Since he has a valid visitors visa, he can travel back and forth till the K-3 is approved.

See, that's the rub, most visitors cannot just "up and get married and stay in the US" - and that is what the USCIS will look at.

IMHO, that could be considered fraud, and the penalties can be severe.

[payxibka 10,047]

This is true.

However, it can be very difficult sometimes to prove "intent" of the visit...

If the OP wants to take no chances, the visitor should return to his country, (since he was just "visiting", he should still have alot of ties left to clear up....), and the USC should start the K-3 process.

Since he has a valid visitors visa, he can travel back and forth till the K-3 is approved.

See, that's the rub, most visitors cannot just "up and get married and stay in the US" - and that is what the USCIS will look at.

IMHO, that could be considered fraud, and the penalties can be severe.

intent need not be proven as it is presumed.... what will potentially need to be proven is the lack of intent... burden will be on the applicant, and not on the USCIS.

[stet5811 0]

I also wanted to know if it is possible to marry a foreigner here on a non-immigrant visa, tourist in my case. This is the answer I got from an attorney who I asked about it. "If she came back to the US to visit again, intending to go back home, and found after spending significant time together you were inseperable and she decided to stay, there would be no fraud. HOWEVER, she has to have the intent to return home if she enters as a visitor.

There is a 30/60/90 day rule if applying for adjustment to resident status here based on the marriage. If you marry within 30 days there is a presumption you entered with a fraudulent intent - ie to remain here permanently. If you mary after 60 days there is a rebuttable presumption that you did not intend to remain here permanently (such as applying for a marriage license within the 30 days - the govt could rebut the presumption of no fraudulent intent). If you apply for a license and get married close to or after the 90 days there is no presumption of fraud, if she came intending to go back home"

I hope this helps to answer your question. Cheers.

[EstebanTrabajos 7]

thank you all...we will check into those things. yes, his visa is currently a B2. he still has nine and ahalf years left on that visa. we just renewed it recently. we wnat to change to residency status, though.... so we will look at applying directly for the green card.

thanks!

Isn't entering the US on a tourist visa with intent to immigrate classed as fraud? Since you planned to get married and all?

Or am I missing something?

really? i never imagined that! he came as just a visit. we got engaged...and then planned the wedding. does that make it fraud?

If this is true, you are good to go don't worry. One can come to visit with intentions to plan a wedding NOT coming to HAVE a wedding ok?

Chillax peeps

This is true.

However, it can be very difficult sometimes to prove "intent" of the visit...

If the OP wants to take no chances, the visitor should return to his country, (since he was just "visiting", he should still have alot of ties left to clear up....), and the USC should start the K-3 process.

Since he has a valid visitors visa, he can travel back and forth till the K-3 is approved.

See, that's the rub, most visitors cannot just "up and get married and stay in the US" - and that is what the USCIS will look at.

IMHO, that could be considered fraud, and the penalties can be severe.

If there was intent to marry while entering the country, he should go back and apply for a K-1, if there wasn't any intent he can STAY here and AOS.

There is not if's, she is saying there wasn't therefore he CAN AOS inside the US as long as he entered legally.

It's not difficult to disprove intent to stay, she can get relatives to send the proper documentation from banks, loans, work, school to prove that she still had a life in Mexico before crossing the border and intended to go back.

Of course if there is fear of getting rejected, K-1 is always an option, more $ and time spent but still an option. I say go ahead and file for AOS.

Edited January 9, 2009 by TävôLuDô

[payxibka 10,047]

If there was intent to marry while entering the country, he should go back and apply for a K-1, if there wasn't any intent he can STAY here and AOS.

There is not if's, she is saying there wasn't therefore he can AOS inside the US ok?

K-1 is not a valid option anymore... they have already married....