Married on Tourist visa....and left the country

[valleyofthedolls 0]

If someone could ease my mind on this:

So here's our story.

We met online almost 2 years ago. We'd talk ( and still do!) every single on skype and msn for hours. Last august, had been 1 year and 1/2 since we first met and we decided to finally meet.

I went to New York on my tourist visa, with the plan of staying a couple of weeks, meeting him, enjoying the city etc. Turns out it was amazing and we enjoyed being together so much . Madly in love, we decided to get married! I know, very wrong, but we were pretty naive with the visas info and it just felt like the right thing. We filed our papers on friday, monday was labor day, so the ceremony was on tuesday.

The same day I was leaving! It was bittersweet to get married in the morning and leave at night, but I had to come back home. Since I didn't have any idea that we'd end up married, I left everything pending at home and had to go back to work it all out.

Now comes the tricky part. Should I reenter the USA on a tourist visa and then ask for a status adjustement? My tourist visa expires only april of 2011 and I understand I can stay 6 months at a time after entering.

I'm torn as in what to do. Although it was a sweet and romantic gesture to get married on such short notice ( although we knew each other for 1 year and half ) I'm scared that it might complicate my path towards being legal and doing everything correctly.

My husband really wants me to come along with my father, so they can meet, and then I stay and he'll file the papers to adjust me.

or

Should I stay here and wait till I have the K-3 to go back to New York?

Please if anyone could help, I'd appreciate it so much. I'm so scared of getting trouble, specially since I had no idea there was a whole visa world out there lol.

Oh and I am a brazilian citizen.

Thanks!

[pushbrk 13,043]

If someone could ease my mind on this:

So here's our story.

We met online almost 2 years ago. We'd talk ( and still do!) every single on skype and msn for hours. Last august, had been 1 year and 1/2 since we first met and we decided to finally meet.

I went to New York on my tourist visa, with the plan of staying a couple of weeks, meeting him, enjoying the city etc. Turns out it was amazing and we enjoyed being together so much . Madly in love, we decided to get married! I know, very wrong, but we were pretty naive with the visas info and it just felt like the right thing. We filed our papers on friday, monday was labor day, so the ceremony was on tuesday.

The same day I was leaving! It was bittersweet to get married in the morning and leave at night, but I had to come back home. Since I didn't have any idea that we'd end up married, I left everything pending at home and had to go back to work it all out.

Now comes the tricky part. Should I reenter the USA on a tourist visa and then ask for a status adjustement? My tourist visa expires only april of 2011 and I understand I can stay 6 months at a time after entering.

I'm torn as in what to do. Although it was a sweet and romantic gesture to get married on such short notice ( although we knew each other for 1 year and half ) I'm scared that it might complicate my path towards being legal and doing everything correctly.

My husband really wants me to come along with my father, so they can meet, and then I stay and he'll file the papers to adjust me.

or

Should I stay here and wait till I have the K-3 to go back to New York?

Please if anyone could help, I'd appreciate it so much. I'm so scared of getting trouble, specially since I had no idea there was a whole visa world out there lol.

Oh and I am a brazilian citizen.

Thanks!

You've done nothing wrong so far but to enter again on the tourist visa and attempt to adjust status is visa fraud. You'll need to take the CR1 visa route. K3 is virtually obsolete, in that it no longer saves time and is significantly more expensive.

[VanessaTony 3,567]

Entering on a tourist with the INTENT of marrying is considered visa fraud so I wouldn't suggest that route. It IS possible but you will have to prove that your intent was not to stay. The us government assumes you meant to stay, and you are meant to prove you DIDN'T.. this would have been easier when you first married before you left as it's obvious from your post it was a spur of the moment decision, but seeing you are already married I think that would be hard to do but that's your option there.

Another option is to apply for the CR-1 visa (The K3 is considered pretty obsolete but it's also more expensive so I honestly wouldn't bother there). If you have a look here: http://www.visajourney.com/forums/index.ph...mp;page=compare it tells you the prices and timeline's etc. A main reason for the CR-1 being a good visa is you are able to commence working immediately after entering on that visa, whereas other options (like me with the K1 fiance visa) can't. It is also the cheapest of the options, and personally given the "sudden" nature of your wedding, this would give you a good amount of time to finalise everything at home before heading to the USA. Changing everything into your married name, choosing things to send over etc.

You can find more information on the process by reading the guide here: http://www.visajourney.com/forums/index.ph...page=i130guide1 also by going to this forum: http://www.visajourney.com/forums/index.php?showforum=110 where you will find other people going through this process.

You will need to be apart from your husband while this is processing but it will give you lots of time to plan things, to save more money (continue working) etc. It'll give your family time to save to buy plane tickets etc, or you can have your husband fly over and have a celebration at home so he can meet your family. It's easier for the petitioner to visit the beneficiary (him visit you) once the process is started as he has the paperwork to prove you're apply for YOU to go THERE and not the other way around.

Hope that gives you some ideas. Read through the guides, have a look through the forum I gave you to read up on other people and CONGRATULATIONS on your marriage

Edited January 9, 2010 by Vanessa&Tony

[mrs. wife! 3]

You can not adjust status on a visitor visa. This is immigration fraud.

Even if the border patrol/immigration allows you in and you file AOS, you will be questioned by the time of interview and can be deported.

You have to file for CR1 or K3. I'd recommend CR1.

It takes around 5-7 months and you receive the GC in a few weeks by mail after entering in the US.

Check the guides for CR1 here -> http://www.visajourney.com/forums/index.ph...page=i130guide1

Good luck!

[Darnell 8,479]

One of yer two 'options' - Should I stay here and wait till I have the K-3 to go back to New York?

I suggest taking that option - but - shift a bit, ya?

Don't do the K-3 - Do the CR-1, instead. Have a read on the Guides here about the I-130.

Good Luck !

[sachinky 465]

What you've done so far is NOT illegal. It's perfectly legal to enter the U.S. on a tourist visa and get married and then LEAVE. Which you did. [Most of these weddings have to be spontaneous because I can't see a tourist visa being issued when the answer to the question "what is the purpose of your visit" is "to get married" or even at POE unless you can show overwhelming ties to your homeland that would compel you to return after the wedding. The CO needs to be convinced of this.]

However, entering on a B2 with prior immigrant intent and attempting to AOS is immigration fraud as you're trying to circumvent the proper laws that are in place.

Have your husband file a I-130 if you're going for a CR-1. Which is what I'd reccomend instead of a K-3.

[Brother Hesekiel 2,236]

Entering on a tourist with the INTENT of marrying is considered visa fraud so I wouldn't suggest that route.

No, it's not. Complete nonsense. Many tourists, my very own daughter included, travel to the US, often Hawaii, to get married. That's perfectly fine, as marriage can very well be part of vacation on pleasure.

[Bobby+Umit 161]

No, it's not. Complete nonsense. Many tourists, my very own daughter included, travel to the US, often Hawaii, to get married. That's perfectly fine, as marriage can very well be part of vacation on pleasure.

This is true, it is the intent prior to coming to the US on a visitors visa, get married, then attempt to AOS that may cause an a problem.

[VanessaTony 3,567]

This is true, it is the intent prior to coming to the US on a visitors visa, get married, then attempt to AOS that may cause an a problem.

Well duh. Seriously people, it's obviously supposed to say "staying" instead of marrying (given the context of the OP) but I thought that was pretty bleeding obvious. I have already asked Ewok to edit the post but he's only on during the week so give it time to be fixed.

[Bobby+Umit 161]

Well duh. Seriously people, it's obviously supposed to say "staying" instead of marrying (given the context of the OP) but I thought that was pretty bleeding obvious. I have already asked Ewok to edit the post but he's only on during the week so give it time to be fixed.

On the contrary, it's not obvious at all.

However, my post was expanding on what JustBob posted, nothing more.

[VanessaTony 3,567]

On the contrary, it's not obvious at all.

Unless you're quite dense, I ended that statement with "I wouldn't suggest that route" and as it is clear from the OP that she is already married, and that I continue on discussing spousal visas as opposed to fiancee visas, then it's quite obvious it is a typographical error.

Then again, some people don't have as strong a grasp of the English language which is why I have asked it be edited to end the confusion.

No offense intended of course.

Edited January 11, 2010 by Vanessa&Tony

[pushbrk 13,043]

Unless you're quite dense, I ended that statement with "I wouldn't suggest that route" and as it is clear from the OP that she is already married, and that I continue on discussing spousal visas as opposed to fiancee visas, then it's quite obvious it is a typographical error.

Then again, some people don't have as strong a grasp of the English language which is why I have asked it be edited to end the confusion.

No offense intended of course.

We correct such statements in this forum at least weekly on average from people who believe what you actually wrote. So, NO, it was not obvious at all. The OP certainly can't wait for your errant post to be edited by an administrator and since we know that, we corrected it, apparently sufficiently.

[Kathryn41 3,205]

Let's take a deep breath and step back. Vanessa and Tony did ask to have the post edited to correct the 'marrying' to 'staying' after they realized their mistype and that they couldn't edit it anymore. As Captain Ewok is the only one who can edit within a post we are waiting until he is able to access VJ and edit their post to correct the inadvertent misinformation.

So, let's work on the assumption that the information as presented was mistyped and is waiting for correction, and proceed from there without taking recourse to bickering or insults or other diversions from the topic at hand. Thanks!