Some things are just not right

[CKS 0]

I have a colleague at work who met his girlfriend in Poland through a dating agency. She came here on a tourist visa in March, they got married while she was here, never left but filed for an adjustment of status and have the green card already. Am i missing something here. Here I thought these sort of things were illegal to do but he told me they had no problems during their interview. It is just not right that you get penalized for following the law but get rewarded doing things a** backwards with USCIS. I guess i am just ranting but it is extremely frustrating with what is happpening over at USCIS. 3 months in and I am still not getting anywhere along with everybody else affected by the new IMBRA law. My buddy made the comment that I maybe I should have my fiance fly to Mexico and have her smuggled across the border and file for the same adjustment. He was obviously joking but it seems it would be hell of a lot easier and faster than doing it the right way. How is this possible ?

Edited August 22, 2006 by CKS

[raymaga 25]

It is not illegal to come to the U.S. with a tourist visa, without intentions of getting married and staying. Then, if you decide to marry at the spur of the moment, you can file to adjust status after your marriage.

It is only illegal to enter the U.S. with intentions of marrying AND staying permanently.

The whole thing comes down to "intent".

[Kez/JWolf 6]

There is nothing illegal about coming here on a tourist visa and on the spur of the moment getting married and remaining.... as long as you did not plan or intend to remain when you entered the USA then you will be able to do AOS and remain here while it is processed....

Sorry you are have to wait so long...

Kezzie

[BJZags 17]

I think the "rub" on your colleague's situation was that his girl was here legally to begin with, so AOS was possible under the laws. If it makes you feel any better, I don't think you can AOS an illegal who came across the Mexico-Arizona border. I hope the instances are rare where it is possible to adjust an illegal status to legal. If it were possible for my fiancee to get a travel visa, I would have done the same thing.

[heishe 2]

I have a colleague at work who met his girlfriend in Poland through a dating agency. She came here on a tourist visa in March, they got married while she was here, never left but filed for an adjustment of status and have the green card already. Am i missing something here. Here I thought these sort of things were illegal to do but he told me they had no problems during their interview. It is just not right that you get penalized for following the law but get rewarded doing things a** backwards with USCIS. I guess i am just ranting but it is extremely frustrating with what is happpening over at USCIS. 3 months in and I am still not getting anywhere along with everybody else affected by the new IMBRA law. My buddy made the comment that I maybe I should have my fiance fly to Mexico and have her smuggled across the border and file for the same adjustment. He was obviously joking but it seems it would be hell of a lot easier and faster than doing it the right way. How is this possible ?

You have your whole life to be together. Just wait.

[kitkat1 5]

It is not illegal to come to the U.S. with a tourist visa, without intentions of getting married and staying. Then, if you decide to marry at the spur of the moment, you can file to adjust status after your marriage.

It is only illegal to enter the U.S. with intentions of marrying AND staying permanently.

The whole thing comes down to "intent".

And since you DO have intentions of getting married, your fiance could not do that. She could try, but chances are good she would be denied at AOS and deported. (And many people can never get a tourist visa in the first place). We all filed at the worst possible time in the history of the universe. And that sucks beyond comprehension. But you did it the right way.

(obviously ignore your friend's comment - not only would someone entering illegally from mexico not be able to adjust status, who knows if she would even make it alive)

[sbgwolf1 0]

IF I could get my baby here with a tourist or any other visa, i would do it. then 'decide' to get married. That was never an option since philippines seem to to think that the 'tourist visas' are the holy grail so noone seems allowed to touch or have them.

Wolf

[Sheriff Uling 3]

BJZags - I am with you. Unfortunately, it's virtually impossible for Filipinos to obtain tourist visas. So, we are temporarily stuck in HELL until the process runs it's course. Good luck and hang in there!!!

[CKS 0]

Well their intention was to get married. My point is that it was a relatively easy thing for them to do. He explained his interview at the Portland office and I thought the questions they asked them were a joke. Really now would you tell USCIS that you were intending to marry your fiance before she came over. Of course not. Dont get me wrong I am not jealous I am happy for them. Like I said, it seems like it is a loophole in the process because if I can get a tourist visa for my fiance I would have done it this way because his situation is not the first I have read or know about but I can't since they dont give tourist visas very easily in India. I guess that is how things are I guess. I have spent the last 14 years becoming a US citizen doing things the right way yet there are people who are getting away with things the wrong way. Things are just not right in the entire immigration process that you get penalized for doing it the right way. The only solace is 2 wrongs dont make a right.

[Kez/JWolf 6]

I AM SORRY YOU FEEL THAT PEOPLE LIKE ME ARE GETTING AWAY WITH THINGS THAT ARE WRONG....

I have done nothing wrong or illegal...

Kezzie

[E&K 0]

In hindsight, we probably should have done the same thing

Now with a I129F in CSC "limbo" it's too late to prove no intention to marry at the time of entering the US.

They are being super slow to send us the IMBRA RFE, but I'm sure they would be really fast to find our application if we got married now and filed for AOS

[CKS 0]

I AM SORRY YOU FEEL THAT PEOPLE LIKE ME ARE GETTING AWAY WITH THINGS THAT ARE WRONG....

I have done nothing wrong or illegal...

Kezzie

Not you per say. I dont know you and I am sure you are a great person. It is just that things are so screwed up over at USCIS that it gets frustrating. I have been in the immigration system for the last 14 years so I have seen pretty much everything filing for so many different applications. So it is nothing personal. It is just my own personal observation about the K1 process.

[kitkat1 5]

Well their intention was to get married. My point is that it was a relatively easy thing for them to do. He explained his interview at the Portland office and I thought the questions they asked them were a joke. Really now would you tell USCIS that you were intending to marry your fiance before she came over. Of course not. Dont get me wrong I am not jealous I am happy for them. Like I said, it seems like it is a loophole in the process because if I can get a tourist visa for my fiance I would have done it this way because his situation is not the first I have read or know about but I can't since they dont give tourist visas very easily in India. I guess that is how things are I guess. I have spent the last 14 years becoming a US citizen doing things the right way yet there are people who are getting away with things the wrong way. Things are just not right in the entire immigration process that you get penalized for doing it the right way. The only solace is 2 wrongs dont make a right.

CKS, I feel your pain. But remember one thing - if their intention WAS to get married, they committed visa fraud. If the CO did not ask them the right questions to determine if they were lying, they were incredibly lucky. Also remember that this could still catch up with them. If it is later determined that they lied, deporation with no chance to return is the result. I highly doubt that you would really want to take that kind of risk even if you had the chance with a tourist visa. Rest assured that you are doing it the right way, and you won't have to worry about it when it comes time for removal of conditions. They will.

[Peil 1]

I know a girl that was smuggled over the mexican border some years ago...she has her green card now...she said something about she had to pay some fine for like 1700 dollars or something like that and then they just gave her the green card by filling in the normal paperwork. I dont remember, but i think she got the green card after she had her first child born in the USA so i think thats how she did it.

[Arazia 0]

I know your feeling all too well. So many times over the past few weeks, friends of mine have suggested just having him come over here and getting married then pleading our case to the government. At the same time, with all the fuss about illegal immigration, I want to do this the -right- way. I want the papertrail that says we put in the effort to do this the legal way. It's not a good idea to start a marriage based on lies, ne?