NZer wanting to marry my US boyfriend

[weemac115 0]

Remember that you are going to have to convince IO that you did not come here with intention of immigration. In an earlier post you said

And in your opening statement you said

Since everyone has only posted one side of this scenario, I would like to propose the “con” to this scenario. (understand I am not advising you to not marry and stay…. just giving a dialectical view)

Based on your own admission, you came here “purely” to see him. But you claim in another post you came just to play hockey.

Additionally, from your very first post, you admit that your boyfriend asked you to come here.

Be careful, this is beginning to sound pre-meditated. I personally do not care if it is or if it isn’t. It would be a shame for you to mess things up by just trying to avoid being apart for awhile. IF the Immigration Officer suspects fraud, it could have a negative impact on your ability to come to the US…… ever.

I just want to point out how USCIS is going to approach this. The assumption will be that you came over here with the intention of immigration. You will have to convince otherwise.

Best wishes on your engagement and marriage..!

Yeah I was worried about that too, my intent was not to marry him but I understand they may think it was as I was honest and did tel them when I arrived that my boyfriend lives here. Marriage back in NZ would be easier?

[Harpa Timsah 13,258]

Remember that you are going to have to convince IO that you did not come here with intention of immigration. In an earlier post you said

And in your opening statement you said

Since everyone has only posted one side of this scenario, I would like to propose the “con” to this scenario. (understand I am not advising you to not marry and stay…. just giving a dialectical view)

Based on your own admission, you came here “purely” to see him. But you claim in another post you came just to play hockey.

Additionally, from your very first post, you admit that your boyfriend asked you to come here.

Be careful, this is beginning to sound pre-meditated. I personally do not care if it is or if it isn’t. It would be a shame for you to mess things up by just trying to avoid being apart for awhile. IF the Immigration Officer suspects fraud, it could have a negative impact on your ability to come to the US…… ever.

I just want to point out how USCIS is going to approach this. The assumption will be that you came over here with the intention of immigration. You will have to convince otherwise.

Best wishes on your engagement and marriage..!

There is always a problem when these threads get on the homepage as most popular topic...

The OP stated she did not have intent to immigrate...

Intent, by itself, is not a reason enough to deny an AOS. Furthermore, the IO has to prove intent AND material misrepresentation at the border (ie lying); the applicants do not need to prove themselves innocent or provide any documents to prove such.

OP - If you really did not have intent at the border, then you need not worry about misrepresentation. Lack of stuff at home does not constitute intent; people have varied home lives and what they have to do is different from what other people have to do.

Good luck to you. One side note, however, do you really have a B2 visa or did you enter on the Visa Waiver Program? If a B2, why did you need to apply for it?

Edit: Sounds like you were super honest at the border... you said your bf lives here. Really, from what I can tell intent is not an issue for you - you were 100% honest and everything is fine.

If you can't be stuck here for a few months, the CR-1 option is also available to you. No need to get married in NZ if you don't want to. You can get married here and then apply for the CR-1 which will involve going home for a bit.

Edited June 3, 2011 by Harpa Timsah

[Que Saudade 284]

Yeah I was worried about that too, my intent was not to marry him but I understand they may think it was as I was honest and did tel them when I arrived that my boyfriend lives here. Marriage back in NZ would be easier?

This was not meant to stop you, only meant for you to think through ALL scenarios.

#1 Marry here... Stay and file for AOS... Prove you never had intention of immigration. Possible yes. In my opinion the riskiest option.

#2 Marry here, your now husband can start the IR1/CR1 process to bring you back and you go back before your visa expires and finish the process there.

#3 Your fiance can start the K1 process, you go back before your visa expires and finish the process there.

If I am wrong on the 3 options or someone can add more, please feel free to correct......

I hope that whatever you choose, that you it works out beautifully for you...!!!!!

Good Luck

Edited June 3, 2011 by John & Mari

[weemac115 0]

There is always a problem when these threads get on the homepage as most popular topic...

The OP stated she did not have intent to immigrate...

Intent, by itself, is not a reason enough to deny an AOS. Furthermore, the IO has to prove intent AND material misrepresentation at the border (ie lying); the applicants do not need to prove themselves innocent or provide any documents to prove such.

OP - If you really did not have intent at the border, then you need not worry about misrepresentation. Lack of stuff at home does not constitute intent; people have varied home lives and what they have to do is different from what other people have to do.

Good luck to you. One side note, however, do you really have a B2 visa or did you enter on the Visa Waiver Program? If a B2, why did you need to apply for it?

Edit: Sounds like you were super honest at the border... you said your bf lives here. Really, from what I can tell intent is not an issue for you - you were 100% honest and everything is fine.

If you can't be stuck here for a few months, the CR-1 option is also available to you. No need to get married in NZ if you don't want to. You can get married here and then apply for the CR-1 which will involve going home for a bit.

I was not eligible for the visa waiver program due to a drink driving conviction 3 years ago. Stupid mistake obviously but thats the only reason.

[Harpa Timsah 13,258]

This was not meant to stop you, only meant for you to think through ALL scenarios.

#1 Marry here... Stay and file for AOS... Prove you never had intention of immigration. Possible yes. In my opinion the riskiest option.

She does not need to prove anything. The IO has to prove both intent and misrepresentation at the border for there to be an issue. Intent by itself is not reason enough to deny AOS. She didn't have intent anyway, so there is no need to belabor this point. An IO cannot deny for something capricious like "My opinion is that you were secretly intending to marry, though I have no proof, just a hunch, so you are denied, bye."

[weemac115 0]

I was not eligible for the visa waiver program due to a drink driving conviction 3 years ago. Stupid mistake obviously but thats the only reason.

Also, is renewing my current visa with intent to marry an option? Or would that mean I just apply for the Fiancee visa instead?

[Harpa Timsah 13,258]

I was not eligible for the visa waiver program due to a drink driving conviction 3 years ago. Stupid mistake obviously but thats the only reason.

Okay, this is the issue I would work through - not the intent bit. Does this conviction make you inadmissible as an immigrant? You will also need to supply all arrest and court records.

To answer your question above, no.

Edited June 3, 2011 by Harpa Timsah

[A + M 29]

This was not meant to stop you, only meant for you to think through ALL scenarios.

#1 Marry here... Stay and file for AOS... Prove you never had intention of immigration. Possible yes. In my opinion the riskiest option.#2 Marry here, your now husband can start the IR1/CR1 process to bring you back and you go back before your visa expires and finish the process there.

#3 Your fiance can start the K1 process, you go back before your visa expires and finish the process there.

If I am wrong on the 3 options or someone can add more, please feel free to correct......

I hope that whatever you choose, that you it works out beautifully for you...!!!!!

Good Luck

Please, don't give away incorrect informations!

She does not need to prove anything. The IO has to prove both intent and misrepresentation at the border for there to be an issue. Intent by itself is not reason enough to deny AOS. She didn't have intent anyway, so there is no need to belabor this point. An IO cannot deny for something capricious like "My opinion is that you were secretly intending to marry, though I have no proof, just a hunch, so you are denied, bye."

True!

Edited June 3, 2011 by A + M

[gigi_a 0]

To be safe I would go back home and do it that way. I wouldn't risk it at all. May be you will be separated for a while (8mths of so) but it is not like the consequence if they decide that visa fraud is what you have committed!

Good luck ;}

[Liz&Nate 23]

Also, is renewing my current visa with intent to marry an option? Or would that mean I just apply for the Fiancee visa instead?

That would indeed mean applying for a Fiancee visa. Although I am almost sure that if you are already in the country with a valid visa you can apply for a K1 and stay in the US until your I-94 expires.

[sweetpiano 0]

You need a fiance visa if your intent when entering the country was to get married. I have a multiple entry B1/B2/BCC and have been in the US literally hundreds of times on daytrips, but I still had to file for a K1 because my intent is to get married. As simple as that.

Factual inaccuracy: You do not need a K1 to get married in this country, you can do it on whatever visa you are here, as long as you observe your visa terms. You can get married on a B1/B2 visa, as long as you leave at the end of the term stamped in your passport; you can get married on a student visa, as long as you observe the visa conditions etc. You need a K1 to be able to claim AOS after marriage and gain residency rights, if you intend to live here. Do not confuse the intention to be a US resident with the intention to marry, the first does not necessarily follow from the latter.

[weemac115 0]

That would indeed mean applying for a Fiancee visa. Although I am almost sure that if you are already in the country with a valid visa you can apply for a K1 and stay in the US until your I-94 expires.

ok, and we can marry now too? for example say we marry today (hypotheticly) and file for the IR1/CR1 process tomorrow, I can stay here until October when my B2 expires and wait for the process to finish in NZ and am free to come back at the end of it?

Also, is it certain that the IR1/CR1 will be approved?

[Harpa Timsah 13,258]

ok, and we can marry now too? for example say we marry today (hypotheticly) and file for the IR1/CR1 process tomorrow, I can stay here until October when my B2 expires and wait for the process to finish in NZ and am free to come back at the end of it?

Also, is it certain that the IR1/CR1 will be approved?

Yes, you can do that.

No, there are no guarantees on any visa, though the majority are approved. For both AOS and the CR-1, which both result in a Greencard, you have to show that you have a real relationship, you are not inadmissible, and that you will not become a public charge.

[Liz&Nate 23]

ok, and we can marry now too? for example say we marry today (hypotheticly) and file for the IR1/CR1 process tomorrow, I can stay here until October when my B2 expires and wait for the process to finish in NZ and am free to come back at the end of it?

Also, is it certain that the IR1/CR1 will be approved?

As Sweetpiano rightly posted above (I apologize for being unclear and thank you, Sweetpiano) it is illegal to enter the country with a Tourist visa if your intent is to immigrate. So long as you abide by the terms of your visa conditions you can get married in the US. If, in your case, your visa expires until October and you do not intent to overstay you can file for IR1/CR1 and wait in the US for the next four months then return to NZ. I am almost certain of this, although a second opinion from one of the many knowledgeable VJ'ers would help.

It is never a guarantee that your petition and visa will be approved. The chances increase greatly when you do things as legally and thoroughly as possible. Your case seems very straightforward, although due to your waiver ineligibility I would probably consult a lawyer just to make sure it wouldn't raise any red flags. This is not meant to scare you. More than likely you'll be alright. It's just always safe to cover all your bases. Congratulations on your engagement!

[weemac115 0]

Yes, you can do that.

No, there are no guarantees on any visa, though the majority are approved. For both AOS and the CR-1, which both result in a Greencard, you have to show that you have a real relationship, you are not inadmissible, and that you will not become a public charge.

even though I came here with no intent to marry? I just want to make sure we're not going to get caught up anywhere. I declared I had a US boyfriend though and I'm worried that the embassy will think that it was my original intent to marry him when it wasn't.