Getting married!

[USUY2010 4]

Hi all! I wanted to post our case cause I've been reading around the forum and haven't found anything like it yet. And we could really use some help.

My boyfriend and I met 4 years ago while he was traveling in South America. We had a brief romance then that turned into friendship while he continued his travels and later on while he returned to the US. In 2008 I received a job offer overseas, and through that job I was able visit North America for the first time in 2009. We met again in May 2009 and have been in a long-distance relationship since. Since May 2009, we have met 7 times. While I was in the US & Canada on business he traveled twice to New York City and once to Toronto to see me. We both traveled to my country together for two weeks in the fall of 2009, and I have visited him three times in the US in 2010 on a tourist visa. I am currently here on my third trip.

I've met his family in the US and he's met mine in my country. I recently quit my job, and went home. I spent a couple of weeks there and decided to come one last time to the US to visit my boyfriend before my tourist visa expired (It expires in July) and before I settled once more back home.

Having been here for 3 weeks we've both realized that we want to be together and stop the long-distance relationship. We don't think we can be apart any longer. That's when he proposed and I accepted. We're looking forward to getting married and having a life together, however we are concerned with our application to change our status. More specifically we are concerned with the evidence and the intention when entering the US. We would plan to get married before my tourist visa runs out, and remain together in the US while sorting out the paperwork.

When I entered the US,it was the 3rd time I entered in the same port to visit the same person,therefore, there were a few more questions than the first time. That is to say, they asked who was the person I was visiting and where had I met him. Having answered these questions I was let through. Since I haven't been in my country for a long period of time (it was 2 weeks from my returning from my job overseas to coming to the US) I have no ties, no job, no bills. However, I do have most of my personal belongings there. This trip was just a vacation trip on which I brought some of my summer clothes, my mobile phone and my camera.

How can I prove, in my case, that I had no intent to marry when I arrived in the States?

As well, we've been trying to do some research on the subject and we notice that everyone advises to get married after 60 days or more, what happens if we don't? Will our application be denied?

Last but not least we want to know when can I start working/studying once we have applied. We're particularly interested in me being able to study or do something productive with my time.

Thank you for your time in reading our case. : )

[LIFE'SJOURNEY 970]

No different than any one of these posted cases....Here is a start with the reading and guidelines http://www.visajourney.com/forums/topic/258285-got-married-on-a-b2-visa/

[USUY2010 4]

Thanks Life'sJourney for the reply. I have been reading the site. And I know all cases look similar, however, I have not read anything about how to prove that your intent was just for leisure when you don't have much proof of your ties to your home. In fact if I understand the link you provided correctly, the wife in that case will be returning to her country and then from there filing the paperwork as spouse.

What is really bugging me right now is how long the process will take and how can I prove that I had no plans of getting married when I arrived.

[besaangel 18]

http://www.visajourney.com/content/i130guide2

I just wrote a few paragraphs then my browser shut down...

1. No set length for AOS as it depends on your local office, RFEs (if any), evidence etc.

2. I placed a link up top as a start for your process

[LT.Nora 7]

You need to focus on the proof of your relationship, not the proof of intent.

From my own experience: I got married on a tourist visa. Before leaving my home country to come here, I quit my job and terminated my apartment lease (I wasn't sure how long will I stay here out of my 6 months allowed before going back), I met my now-husband here and my intent never came up at the green card interview.

[USUY2010 4]

Thanks besaangel. And thanks OCplastique it helps to see other people's experience!!! I really appreciate it.

[Brother Hesekiel 2,236]

In your specific case, the way you described it, intent will not be made an issue at all. As it has been stated correctly by OCPlastique, the Immigration Officer at the AOS interview will try to determine whether or not your marriage is "real." He or she won't try to figure out whether or not you intended to get married when you arrived at US shores.

The issue of intent has been discussed excessively here at VJ. Just to put your mind to ease, if you were already married to a US citizen when you entered with a tourist visa, it could be easier evaluated as a sign that you intended to stay in the US with your husband when you entered. But in your case you'll be fine. I still suggest (don't want to get into this right now) that you wait a least 31 days (trust me) after you entered the US (that was a bit more than 3 weeks ago, right?) before getting married.

Final word of advice: in my personal opinion, a nice wedding with your husband's family and friends present, where you look happy, eat, drink, dance and enjoy, all documented with photos in a dedicated album, is pretty much the most important piece of evidence you can have at the interview.

Welcome to America.

Edited June 4, 2010 by Just Bob

[USUY2010 4]

Thank you for your advice Just Bob. It means a lot to us.