Married on tourist visa after I-94 expired, no preconc intent. Advice!

[AnnB 0]

Hello, I have so many questions because a friend of mine is a little scared, why? Well, she has her tourist visa since 6 years ago, she visited the US with her parents, then, they came back and apply for a work visa, they couldn't apply for the GC so they went back to their home country, after 4 months ( Oct 1 09) she came back again to the US, she was still 17...she came to be with her bf and friends...for 23 days, but she could be here for 6 months, she wanted to stay a little more here, and then she thought about applying for a student visa, for other reasons, she couldn't applied for it, so after 4 months here, she decided to come back to her country, but her boyfriend proposed her to marry him, he didn't want to say goodbye again...they finally got married after her I-94 expired, 17 days out of status before she got married...now they are together...they both are 18, a crazy decision but they're happy, she has now more than 17 days illegal, she has like a month and a half out of status, the husband's parents are going to be their co-sponsors...the husband is a USC...and the parents also...they meet the requirements...they already have a lawyer...but she is SCARED, for what? all the things about visa fraud, she knows she didn't come here with the intent...but she said because she lived here, and she came back after only 4 months, then she read about prove the intent...but how? she was only 18, what she leaves in her home country? nothing...her parents? the only thing is that she got married after 60 days...she is in the internet looking about the fraud and stuff...but nobody with the case of being denied because of that...all the things she have saw...

(entered married on tourist visa then AOS GC approved....entered on tourist visa after four months married GC APPROVED...entered and after a week got married on tourist visa applied for AOS APPROVED...and she is like what?) the intent questions even came out on the interview...the only case she have saw...denied for visa fraud...was someone who was already married to an USC...applied for tourist visa...came to the us because his child was sick...entered with no intent to stay...then they didn't want to come back...and applied for AOS and denied...for what? because he applied for tourist visa...and they said he got the visa...for another purpose...

the only logic reason I understand about that...is that...if you have your tourist visa...and after that...you meet that special person...and decided to get married is not fraud because you OBTAIN THAT VISA FOR THE RIGHT PURPOSE...after that...it changed...well...you're not a witch... "seeks to procure (or has sought to procure or has procured) a visa" that's what I understand...because the only case I have found about fraud...

so please if someone in the same situation...or someone who knows about any who have been denied for "visa fraud" please tell me... to understand a little more. Thanks.

PS. I hope you read all I have wrote xD sorry.

[EstebanTrabajos 7]

By marrying a US citizen her overstay is forgive if she entered through a port of entry with a valid document.

If she didn't come with the intent of getting married, well she didn't and she is fine

Edited May 17, 2010 by TävôLuDô

[AnnB 0]

By marrying a US citizen her overstay is forgive if she entered through a port of entry with a valid document.

If she didn't come with the intent of getting married, well she didn't and she is fine

Thank you so much for you replay...but she said she have read so much about to prove that there's no intent, but also she have read so many cases but no one proves anything, because the IO don't make questions about it, but she is scared because she lived here and came back after 4 months, she is fine because there's no intent, then everyone is fine, only saying there's no intent...and then she doesn't understand about so many sites talking about intent or not, if the only thing they said there's no intent your fine, you have to prove it, but in the interview that's not even a question...you know any case denied by this? thank again!

[Brother Hesekiel 2,236]

Your post is confusing, at least to me, but aside from the fact that 18 is a very young age to get married, she shouldn't encounter any problems when filing for AOS. Intent is a non-issue in her case.

Theoretically, intent *can* become an issue if somebody who is already married to a US citizen enters the country with a B2 and then files for AOS, but in the real world even such cases are rarer than hens' teeth.

[AnnB 0]

Your post is confusing, at least to me, but aside from the fact that 18 is a very young age to get married, she shouldn't encounter any problems when filing for AOS. Intent is a non-issue in her case.

Theoretically, intent *can* become an issue if somebody who is already married to a US citizen enters the country with a B2 and then files for AOS, but in the real world even such cases are rarer than hens' teeth.

Sorry if it is confusing, and than you so much for your answer... yeah I know they are very young, she was scared was for the "intent" cases, because she know she didn't come here with the intention, she said "pff I was only 17 I didn't think about getting married in any moment" but, she was living here, and then she was only 4 months in her country, she was like ok, I'm fine, that's it? what about to prove it? Just because I know that I'm fine? and I didn't know what to tell her...they live with her husband's parents...they're going to be the co-sponsor, her husband is looking for a job...and they're planning to study ASAP...

but you think is there any problem with their age?

[LT.Nora 7]

I got married while out of status on tourist visa too. I went for a consultation to a lawyer, and the first thing she said was not to get married too soon (right after falling out of status) because it might look suspicious. But nor my husband or I are 18.

The way I see their situation is, that they may encounter problems for: 1. Getting married almost right after her visa expired. 2. Their age.

But it also depends on how long has she been dating her boyfriend, the amount of proof they have for their relationship, the wedding?

IMO, it looks a little weird to me that she comes to the country being 17 with no intentions of getting married, she then turns 18 and BOOM! she is married. Also she thought about applying for student visa while being in the country (you can't change you tourist visa to student visa - is this the reason she changed her mind?). Isn't this a proof of her wanting to stay here?

But anyway, a good lawyer should be able to sort things out.

[AnnB 0]

I got married while out of status on tourist visa too. I went for a consultation to a lawyer, and the first thing she said was not to get married too soon (right after falling out of status) because it might look suspicious. But nor my husband or I are 18.

The way I see their situation is, that they may encounter problems for: 1. Getting married almost right after her visa expired. 2. Their age.

But it also depends on how long has she been dating her boyfriend, the amount of proof they have for their relationship, the wedding?

IMO, it looks a little weird to me that she comes to the country being 17 with no intentions of getting married, she then turns 18 and BOOM! she is married. Also she thought about applying for student visa while being in the country (you can't change you tourist visa to student visa - is this the reason she changed her mind?). Isn't this a proof of her wanting to stay here?

But anyway, a good lawyer should be able to sort things out.

She was dating him for 2 years...she lived here on a l2 visa...then they went back to their country...and she first after 4 months came here for 23 days only to be with her bf and friends...while on her visit...she talked to her mom she wanted to study here...and they talked about getting a student visa...her mom was looking for it...but her mom finally said no, I can't for other reasons...she came on oct. and her bday was on nov...after for months she decided whe had to go back...so her bf proposed to marry him because he didn't want to be without her...because of the money and everything...she had to talk to her parents about that...and finally they said. OK DO IT...and she was out of status...because everything was...at the last minute...it was a crazy decision of both of them...she didn't get married when she turned 18...she get married months after that...

Edited May 18, 2010 by Andrea Bomate