Got married to fiance in the US on visitors visa

[Bralaheh 0]

hello all

i have went through quite the journey with my beautiful iranian fiance. Excuse me for being long winded but I'll explain the situation fully so I can get as close to an accurate answer as possible. I apologize if its in the wrong forum or if its asking too much for some. If it's bothersome like I said before, I apologize. I met my fiance online on May 8th, 2009. After a few months I flew to Canada where she had recently (within the year) immigrated to Canada. Between August and February of the next year I made as many tricks back and forth as my job and bank account could allow. I filed the I-129f in October and about that time we came across some troubles. My fiances family was against us being together. They let us be for quite a while without them bothering us until they realized that we were serious about what we wanted to do, which was us wanting to be together forever. Her mother and father went from calling her names and threatening to kick her out of the house to her father cornering her in her home and threatening to kill her. We quickly got her into a women's shelter and then soon after got her an apartment of her own. A few days after that I was able to fly and see her and we went to the police department and pressed charges on his threat and the police arrested her father and sent him to jail. He was only there for a night. About a week later the police escorted her into her home and she grabbed a bag of clothes and a few important documents. Things were tough with me not being able to be there and protect her. It was a difficult time for her. In January, after many tries she finally got a visitors visa to come to the US for the first time and see my home and my family. In late February she finally was able to come see me but unfortunately she was stopped in the airport. She was stopped and questioned in a little locked room for up to 4-5 hours. They made her miss her flight. When she finally got into my arms in the US her face was filled with tears and I immediately called a lawyer. They fingerprinted her 4 times, kept taking her passport and taking pictures and even kept asking her over and over again where her American drivers license. She had never been in the country before!! They even broke her laptop!! Our first two days together were me on the phone calling lawyers. I even called the ACLU. They all told me the same thing. They said that since she wasn't safe in Canada (her father said he wanted to kill her) that we should just get married. While we were thinking about what we should do and if we shoudl listen to the lawyers we got our NOA2 for the K-1 visa. We still finally decided that we would listen to the lawyers (after talking to 10+) and get married. It was a pain getting her money from her bank account and her last check from her job. It was a pain getting her bag from her apartment and getting her utilities turned off and even harder getting her loan figured out with the university she was going to. However we finally did and we got married this past Saturday, one year from the day we met. We received our marriage license today and now we are trying to figure out what steps to take next. I filled out all of the paperwork for the I-129f myself with no RFE. I have been reading diligently on this site but most things that I find are of people who had gotten the fiance visa/marriage visa. I am getting together all of the paperwork needed for the I-485 I just don't know what differences my pack will look like compared to someone who did the process differently/i hate to say it but "legally". What I was told by the lawyers is we will have to prove that we didn't plan on her visitors visa to be used to get her here for good. It wasn't. All I could think of is if she went back to Canada after the horrible things her family were making her go through and the treatment she got in the airport that it would be better if she was with me (safe)....if anyone can help it would be greatly appreciated. thanks to anyone who helps

[payxibka 10,045]

really hard to read... paragraphs are essential

hello all

i have went through quite the journey with my beautiful iranian fiance. Excuse me for being long winded but I'll explain the situation fully so I can get as close to an accurate answer as possible. I apologize if its in the wrong forum or if its asking too much for some. If it's bothersome like I said before, I apologize. I met my fiance online on May 8th, 2009. After a few months I flew to Canada where she had recently (within the year) immigrated to Canada.

Between August and February of the next year I made as many tricks back and forth as my job and bank account could allow. I filed the I-129f in October and about that time we came across some troubles. My fiances family was against us being together. They let us be for quite a while without them bothering us until they realized that we were serious about what we wanted to do, which was us wanting to be together forever. Her mother and father went from calling her names and threatening to kick her out of the house to her father cornering her in her home and threatening to kill her. We quickly got her into a women's shelter and then soon after got her an apartment of her own.

A few days after that I was able to fly and see her and we went to the police department and pressed charges on his threat and the police arrested her father and sent him to jail. He was only there for a night. About a week later the police escorted her into her home and she grabbed a bag of clothes and a few important documents. Things were tough with me not being able to be there and protect her. It was a difficult time for her. In January, after many tries she finally got a visitors visa to come to the US for the first time and see my home and my family. In late February she finally was able to come see me but unfortunately she was stopped in the airport. She was stopped and questioned in a little locked room for up to 4-5 hours. They made her miss her flight. When she finally got into my arms in the US her face was filled with tears and I immediately called a lawyer. They fingerprinted her 4 times, kept taking her passport and taking pictures and even kept asking her over and over again where her American drivers license. She had never been in the country before!! They even broke her laptop!!

Our first two days together were me on the phone calling lawyers. I even called the ACLU. They all told me the same thing. They said that since she wasn't safe in Canada (her father said he wanted to kill her) that we should just get married. While we were thinking about what we should do and if we shoudl listen to the lawyers we got our NOA2 for the K-1 visa. We still finally decided that we would listen to the lawyers (after talking to 10+) and get married. It was a pain getting her money from her bank account and her last check from her job. It was a pain getting her bag from her apartment and getting her utilities turned off and even harder getting her loan figured out with the university she was going to. However we finally did and we got married this past Saturday, one year from the day we met.

We received our marriage license today and now we are trying to figure out what steps to take next. I filled out all of the paperwork for the I-129f myself with no RFE. I have been reading diligently on this site but most things that I find are of people who had gotten the fiance visa/marriage visa. I am getting together all of the paperwork needed for the I-485 I just don't know what differences my pack will look like compared to someone who did the process differently/i hate to say it but "legally". What I was told by the lawyers is we will have to prove that we didn't plan on her visitors visa to be used to get her here for good. It wasn't. All I could think of is if she went back to Canada after the horrible things her family were making her go through and the treatment she got in the airport that it would be better if she was with me (safe)....if anyone can help it would be greatly appreciated. thanks to anyone who helps

[thegordons2009 1]

Seeing how your married now, maybe you could file for a CR-1 Visa. She will have to go back to Canada for sometime though during this process. Filing for AOS is not a sure thing, especially since you 2 were seeing each other for a year. So, the intention of getting married at some point, might impact getting AOS. Perhaps, using a Lawyer may be your best option, since there was abuse involved. Also, you will want to make sure that she is not in the USA longer than 6 months, because that too, could impact any legal immigration.

[Nich-Nick 3,354]

People successfully do the same as you have done all the time. Many experience no questions at all about marrying on a tourist visa. The guide for married couples who both live in the US are HERE.

You will file the I-130 in the same package as the I-485 Adjustment of Status.

The forum Adjustment of Status from Work, Student, & Tourist Visas might be a good place to visit.

Edited May 11, 2010 by Nich-Nick

[Bobby+Umit 161]

Check the guide above for both spouses in the US.

What I was told by the lawyers is we will have to prove that we didn't plan on her visitors visa to be used to get her here for good

No, you don't. You have to prove that the marriage was entered in good faith and not for immigration purposes.

I am curious how they would give her a visitors visa in January, when you had a K-1 processing (up to the NOA2, which means it was on the way to embassy for the visa application).

[JimVaPhuong 4,863]

No, you don't. You have to prove that the marriage was entered in good faith and not for immigration purposes.

You're talking about a different kind of fraud. Getting married in order to get a green card is not the same thing as using a non-immigrant visa to immigrate. The lawyers he spoke with are correct. He may have to prove that there was no intent to adjust status when she entered the US. The secondary inspection means that CBP probably suspected that there was intent to immigrate, which might make things difficult.

[Bralaheh 0]

Check the guide above for both spouses in the US.

No, you don't. You have to prove that the marriage was entered in good faith and not for immigration purposes.

I am curious how they would give her a visitors visa in January, when you had a K-1 processing (up to the NOA2, which means it was on the way to embassy for the visa application).

we were surprised they gave her the visa as well. however she was very prepared. she gave them her lease, her grades (top in her class), a letter from her employer and was completely honest.

[Vivi6 12]

[quote name='Bobby+Umit' date='11 May 2010 - 07:27 AM' timestamp='1273584452' post='39289

I am curious how they would give her a visitors visa in January, when you had a K-1 processing (up to the NOA2, which means it was on the way to embassy for the visa application).

Is Canada on the Visa Waiver? Because Italy is, and I visited in Jan on a pending k1 (which was already approved) then went home to get my interview and visa. If Canada is not, then yeah, strange she was granted one.

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visitors visa and the prior forum is for K1, K2, K3 & K4**

[john_and_marlene 162]

You're talking about a different kind of fraud. Getting married in order to get a green card is not the same thing as using a non-immigrant visa to immigrate. The lawyers he spoke with are correct. He may have to prove that there was no intent to adjust status when she entered the US. The secondary inspection means that CBP probably suspected that there was intent to immigrate, which might make things difficult.

Prove it to who? Even if they planned it from the beginning, an adjustment of status for the immediate family member of a USC cannot be denied because of prior intent. USCIS will not require them to prove that there was no intent--they cannot use it to deny the adjustment of status in this case. Sometimes a suspicious CBP officer will even write things on the I-94 such as "NO AOS" and it has no bearing on the ability of the immediate family member of a USC to adjust status.

[T&R 3]

really hard to read... paragraphs are essential

true!

Edited May 12, 2010 by T&R

[Deb+Steve 13]

Is Canada on the Visa Waiver? Because Italy is, and I visited in Jan on a pending k1 (which was already approved) then went home to get my interview and visa. If Canada is not, then yeah, strange she was granted one.

I don't think she is a Canadian passport holder and therefore would have needed a visa.

[Bobby+Umit 161]

You're talking about a different kind of fraud. Getting married in order to get a green card is not the same thing as using a non-immigrant visa to immigrate. The lawyers he spoke with are correct. He may have to prove that there was no intent to adjust status when she entered the US. The secondary inspection means that CBP probably suspected that there was intent to immigrate, which might make things difficult.

Jim, I was under the same impression, but John (John_and_marlene) showed me the light, so to speak.

There is case law, (listed in the AFM), and in other places that shows that prior intent can not be used against someone, as long as there are no other adverse factors (and in my readings, you need a lot of them to add up), coming here with "prior intent" is not used (if your marrying an USC that is, from my understanding).

This was the paticular case law:

Matter of Cavazos , 17 I. & N. Dec. 215 (BIA, 1980) . In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain. .

This case reinforced that this case only applies to immediate relatives:

Matter of Ibrahim , 18 I. & N. Dec. 55 (BIA, 1981). The benefits of Matter of Cavazos , supra , are limited to immediate relatives, and an application for adjustment by a fifth preference immigrant with a preconceived intention to remain is properly denied in the exercise of discretion.

The immigration lawyer I had spoken to, when I was getting info about my case, suggested I don't do that (using the visitors visa), but said many do. I wasn't aware of this case law then, but once I came here, John showed me the laws and I changed my wording.

(I also was pointed out to this one - about working without authorization and AOS)

• Matter of Khan , 17 I. & N. Dec. 508 (BIA, 1980) . Unauthorized employment alone should not ordinarily result in the discretionary denial of adjustment to those individuals who are statutorily eligible for that relief, no other negative considerations being present.

I am on record stating even though there is case law to back you up, if you get denied, the onus will be on you to fight it (lawyers, IJs, etc...) - so to me, that outweighs going this way to immigrate, and this would not be a route I would take or recommend.

For my OP - if you entered a marriage for immigration purposes, a "sham" marriage, there is case law to that gives guidance:

Matter of Baltazar , 16 I. & N. Dec. 108 (BIA, 1977) . Evidence indicating that the alien obtained a sham divorce primarily to obtain immigration benefits is a significant adverse factor bearing on discretion.

[john_and_marlene 162]

You won't ever find me recommending this path as a reasonable preplan. The fact of the matter is that using a nonimmigrant entry with the intent to immigrate is against the law. Working without authorization and overstaying are also against the law. I also don't suggest that there are no consequences to these actions. Certainly your integrity and character could be shown to be less than stellar which may someday prove to be of great importantance to you--especially if you find yourself in other legal proceedings where integrity and character may weigh against your testimony. What I am saying is that one of the consequences of these actions will not be a denial of adjustment of status if you are the immediate family member of a USC.

I do feel, however, that inaccurate warnings of nonexistent consequences are a disservice to someone trying to make major personal decisions.

Edited May 12, 2010 by john_and_marlene

[Bralaheh 0]

true!

i was focusing a little more on the content than I was on proper writing techniques. Thanks to the ones who helped.

I don't think she is a Canadian passport holder and therefore would have needed a visa.

she had an iranian passport.