we are married...now what?

[EstebanTrabajos 7]

I mean K-3 or CR-1

[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.

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?

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 come back.

My friend, there are always "if's".

If USCIS thinks this is visa fraud, denied. No matter what you think, there is that possibility.

If they can't show he was just visting without the intent of marriage, denied.

Want me to go on? You have to consider all options when doing this. I am not saying she can't do it, I am just letting her know that there are some dangers to doing it.

In fact, look at the guide for K-3 on this site - there is a big warning about this. Sure, some people pull it off. But to suggest that someone may not have an issue is disingenuous...

I speak from experience. I have a friend going through this same process now, and I heard what the lawyer told him about these various situations (visitors visa/student visa/K-1/K-3)

The lawyer also told us about a couple that tried to do same exact thing, (visit then change status)

The guy came here from Germany, "just visiting", married the USC, they put in paperwork for status change. Denied.

The guy is now sitting in Germany with a three year wait before they can file. They got very lucky, IMHO.

The lawyer said alot had to do with the timing.

They guy gets his B-2 visa, two months he comes to the US, "falls in love, marriage", and then change of status.

USCIS didn't buy it.

All in all, it is up to the OP to decide on what course to take. The information is available to look at.

[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 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.

OP's original post quoted below (emphasis added and subsequently/magically changed ).... not saying anything other than what was first posted could give rise to intent at entry. It is inadvertant "slips" such as this that will submarine any AOS effort.

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?

Edited January 9, 2009 by payxibka

[EstebanTrabajos 7]

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?

I don't see how he changed it, IF he changed. All I'm seeing is that she stated he came to VISIT and PLAN the wedding.

I repeat, one things is to come and plan the wedding, another thing is to HAVE the wedding. At some point in your relationships you KNEW you were going to get married to your girlfriends (boyfriends) right? this didn't mean that you knew WHEN you were going to get married to your girlfriends (boyfriends). I knew I was going to get married to her in the future when crossing back and forth to Mexico, this didn't mean I planned to marry her last time I crossed. It's not even about KNOWING but it is about WANTING to get married.

If she is saying he crossed without the intent, it is up to USCIS (WITH evidence) to prove he had intentions to immigrate and it is up to them to prove them wrong(WITH evidence). If he has evidence of a life waiting for him in Mexico but decided to stay instead while VISITING, he has a good case.

Bottom line, we don't even know the details, let's leave the OP to decide whether he has a good case or she should opt better to apply for a K-3 or CR-1 ok?

Edited January 9, 2009 by TävôLuDô

[payxibka 10,047]

If she is saying he crossed without the intent, it is up to USCIS (WITH evidence) to prove he had intentions to immigrate and it is up to them to prove them wrong(WITH evidence). If he has evidence of a life waiting for him in Mexico but decided while VISITING to get married, he has a good case.

Bottom line, we don't even know the details and let the OP to decide whether he has a good case of she should opt to apply for a K-3 or CR-1 ok?

Correct, it does not matter what anyone on this site thinks or even the OP for that matter.... Incorrect that it is up to the USCIS to prove intent (with evidence). The presumption is always immigrant intent. The burden is on the applicant not the USCIS. Inadvertant slips such as that can be devastating dependant on how the USCIS officer interprets it, if something like that is said.

Edited January 9, 2009 by payxibka

[EstebanTrabajos 7]

If she is saying he crossed without the intent, it is up to USCIS (WITH evidence) to prove he had intentions to immigrate and it is up to them to prove them wrong(WITH evidence). If he has evidence of a life waiting for him in Mexico but decided while VISITING to get married, he has a good case.

Bottom line, we don't even know the details and let the OP to decide whether he has a good case of she should opt to apply for a K-3 or CR-1 ok?

Correct, it does not matter what anyone on this site thinks or even the OP for that matter.... Incorrect that it is up to the USCIS to prove intent (with evidence). The presumption is always immigrant intent. The burden is on the applicant not the USCIS. Inadvertant slips such as that can be devastating dependant on how the USCIS officer interprets it, if something like that is said.

When I wrote "with evidence", I meant with the evidence provided by the applicant, not evidence found by USCIS. EVIDENCE is the key word here, or SOB. SOB because it depends what kind of officer interviews you

Edited January 9, 2009 by TävôLuDô