entering on tourist visa, marry and then adjusting status

[mikeknight 0]

Hello folks,

I was speaking with someone the other day who told me one of their friends came to the USA on a tourist visa, married someone, got their work permit, then adjusted their status to a conditional permanent resident. Their next step would be to remove their conditional status after two years (like fiancee visa).

I didn't think that it was possible or legal to do this. I was also under the impression if the beneficiary enters on a tourist visa, it is the petitioner's burden to prove that the beneficiary did not enter the country with the purpose of getting married to them.

I would like your opinions as to whether this legal to do, or is even possible. Would the analysis be any different if they were entering on a student visa? Thank you for your assistance.

[diadromous mermaid 36]

Hello folks,

I was speaking with someone the other day who told me one of their friends came to the USA on a tourist visa, married someone, got their work permit, then adjusted their status to a conditional permanent resident. Their next step would be to remove their conditional status after two years (like fiancee visa).

I didn't think that it was possible or legal to do this. I was also under the impression if the beneficiary enters on a tourist visa, it is the petitioner's burden to prove that the beneficiary did not enter the country with the purpose of getting married to them.

I would like your opinions as to whether this legal to do, or is even possible. Would the analysis be any different if they were entering on a student visa? Thank you for your assistance.

It's legal as long as it is not planned. Impromptu weddings while visiting do occur and there are procedures in place to adjust after having done so. The difference is in whether the plan was hatched prior to arrival.

[jenni and sami 0]

Hello folks,

I was speaking with someone the other day who told me one of their friends came to the USA on a tourist visa, married someone, got their work permit, then adjusted their status to a conditional permanent resident. Their next step would be to remove their conditional status after two years (like fiancee visa).

I didn't think that it was possible or legal to do this. I was also under the impression if the beneficiary enters on a tourist visa, it is the petitioner's burden to prove that the beneficiary did not enter the country with the purpose of getting married to them.

I would like your opinions as to whether this legal to do, or is even possible. Would the analysis be any different if they were entering on a student visa? Thank you for your assistance.

This is basically what we were advised to do by an immigration attorney whilst I was in the States on a three-month visit to see my (then) girlfriend, now fiance. We were sceptical and spoke to the embassy hotline in London who said there was NO WAY I should overstay my Visa Waiver and that I should return to the UK and go through the K1 visa process. In the end we decided to play it by the book and I have returned to the UK and am going through the official channels, waiting for CSC to approve our application - the risk of it going wrong the other way seemed too great to us, even if that risk was only slight, particularly if they are currently cracking down on immigration which seems possible.

However, I have heard of other people doing similar things. If you do go this route, I would certainly recommend you consult a lawyer first.

Hope that is of some help. Good luck, whatever route you choose.

[gwenneh 7]

It is possible, and it is legal *if and only if* there was no intent to get married when the imiigrant entered. You are correct in that the burden of proof will be left with the couple to convince the consular officer of that fact; shuold that consular officer not believe the couple, there are repercussions starting with but not limited to overstay, immigration fraud, etc. It is certainly frowned upon. With a student visa, the situation isn't quite as dire; it is still legal in the same circumstances.

[Kez/JWolf 6]

Yes you can do what you are sugesting and yes it is legal.... as long as it was not planned before your entry.... the risks are that if you entered on a VWP then you lose your right to appeal and also you can not leave the USA until you have your greencard (not even in an emergancey)....

It has been done by many... me being one of them...

Kezzie

[diadromous mermaid 36]

If you do go this route, I would certainly recommend you consult a lawyer first.

Nothing like leaving some clearly damning evidence behind

[jenni and sami 0]

If you do go this route, I would certainly recommend you consult a lawyer first.

Nothing like leaving some clearly damning evidence behind

Yeah, good point. Didn't think of that.

[Yodrak 7]

mikeknight,

Intent to marry is not the issue. Intent to remain having entered as a non-immigrant is the issue.

Yodrak

Hello folks,

I was speaking with someone the other day who told me one of their friends came to the USA on a tourist visa, married someone, got their work permit, then adjusted their status to a conditional permanent resident. Their next step would be to remove their conditional status after two years (like fiancee visa).

I didn't think that it was possible or legal to do this. I was also under the impression if the beneficiary enters on a tourist visa, it is the petitioner's burden to prove that the beneficiary did not enter the country with the purpose of getting married to them.

I would like your opinions as to whether this legal to do, or is even possible. Would the analysis be any different if they were entering on a student visa? Thank you for your assistance.

Gwen,

Intent to marry is not the issue. Intent to remain having entered as a non-immigrant is the issue.

(A student visa is a non-immigrant visa, as is a tourist visa.)

Yodrak

It is possible, and it is legal *if and only if* there was no intent to get married when the imiigrant entered. You are correct in that the burden of proof will be left with the couple to convince the consular officer of that fact; shuold that consular officer not believe the couple, there are repercussions starting with but not limited to overstay, immigration fraud, etc. It is certainly frowned upon. With a student visa, the situation isn't quite as dire; it is still legal in the same circumstances.