marriage in USA

[jack london 0]

I am a uk citizen visiting my girlfriend here in the USA. WE have decided that we want to get married immediately, while im here on a visa waiver programme. Does anybody here know what pitfalls we may encounter if we do this? .

We intend to get married and apply for AOS immediately. Ihave no reason or desire to to return to the UK, is this an option that is open and readily available to us. we are in California, but would be moving to Arizona, would it be better to marry in Cali-or AZ?

[Euro 3]

I am a uk citizen visiting my girlfriend here in the USA. WE have decided that we want to get married immediately, while im here on a visa waiver programme. Does anybody here know what pitfalls we may encounter if we do this? .

We intend to get married and apply for AOS immediately. Ihave no reason or desire to to return to the UK, is this an option that is open and readily available to us. we are in California, but would be moving to Arizona, would it be better to marry in Cali-or AZ?

Yes its an option..............as long as you had no intent to marry upon arrival, & its a "spur of the moment" thing!!

I think there is info about this route in the guides at the top of this page, good luck!!....as for where to get married, that realy makes no difference!!

[rebeccajo 14]

As Euro said, if there was no intent to marry when you passed through immigration, you can marry and file for AOS.

The burden of proof will be on you to prove to USCIS that there was no intent.

[zyggy 9]

I am a uk citizen visiting my girlfriend here in the USA. WE have decided that we want to get married immediately, while im here on a visa waiver programme. Does anybody here know what pitfalls we may encounter if we do this? .

We intend to get married and apply for AOS immediately. Ihave no reason or desire to to return to the UK, is this an option that is open and readily available to us. we are in California, but would be moving to Arizona, would it be better to marry in Cali-or AZ?

Yes its an option..............as long as you had no intent to marry upon arrival, & its a "spur of the moment" thing!!

I think there is info about this route in the guides at the top of this page, good luck!!....as for where to get married, that realy makes no difference!!

The problem is not if it was a spur of the moment thing... but do you believe that you have the evidence to prove that it was a spur of the moment thing if it is asked for by the USCIS adjudicator when the I-485 is processed.

There are some considerations that you need to consider before you decide to make this move...

1) Individuals are not permitted to adjust their status from a tourist non-immigrant status to a permanent resident status if their entry to the US was fraudulent. That is if the alien had the intent to marry a USC and remain in the US at the time of their entry. This question may come up during the adjudicaton of the I-485. If it does, it is the burden of the applicant to prove to the adjudicators satisfaction that the intent of the alien was as a non-immigrant at the time of entry. That is their intention was to return to their home country at the end of their visit. Do you believe that you will have the evidence that will convince an USCIS adjudicator that this is the case?

2) Aliens who enter the US on VWP give up their right of appeal if the adjudicator denies the I-485. If this happens, the alien will be placed in immediate removal proceedings and will be sent on the next flight home.

Adjusting from a tourist non-immigrant involves significantly more risk of denial that someone who gets a visa in their home country. You both need to weigh the risks out and determine if you want to live with them and with the uncertainty that comes with having the fate of your relationship in the hands of a USCIS adjudicator.

I suggest that you have a consultation with an immigration attorney to talk about these points and go over what evidence you may or may not need of your intention to return to the UK at the time of your entry in order to presuade an adjudiciator of those intentions.

In the end, it involves your life and is your decision alone. Your attorney cannot make it up for you, we cannot make it up for you, no one else can make it up for you. Think about it long and hard and make the best decision to fit your needs...

Remember that you have the rest of your lives ahead of you... Is waiting a few months for a visa worth the peace of mind of knowing that your path to getting permanent residency will be alot safer... If you went ahead with attempt to adjust on a tourist status, are you prepared with what you will have to do if it does go wrong...

Big decisions... don't take it lightly...

Edited February 22, 2006 by zyggy

[Kez/JWolf 6]

I did what you intend to do..... came on a VWP and got married and stayed... We filled for AOS and we had no problems.....

I was never asked about my entry to the US or about my intentions at entry... the evidence that I had that it was not planned was a house back in the UK a job and I had just had major surgery and was ment to return for follow-up treatment...

You do give up the right of appeal..... so if you were denined your choices are limited... but you are not put on the next plane home.... it goes to a court for a deportation order and at that time you can have a lawyer argue your case....

There are many people on VJ who have done it this way.... but at the end of the day it is your choice....

Kezzie

Edited February 22, 2006 by Kezzie

[aussiewench 9]

Here is a couple of links for you to look over

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

http://uscis.gov/graphics/howdoi/legpermres.htm

All the best to you

Lorelle

Edited February 22, 2006 by aussiewench

[dmartmar 1]

Individuals are not permitted to adjust their status from a tourist non-immigrant status to a permanent resident status if their entry to the US was fraudulent. That is if the alien had the intent to marry a USC and remain in the US at the time of their entry. This question may come up during the adjudicaton of the I-485. If it does, it is the burden of the applicant to prove to the adjudicators satisfaction that the intent of the alien was as a non-immigrant at the time of entry. That is their intention was to return to their home country at the end of their visit.

So am I right in assuming that in order to prove non-immigrant intent, the non-USC had to have a return ticket to his home country prior to marry "spur of the moment?"

Say a a non-USC comes here to the US with a J1 visa valid for only 1 year and with the option of buying a return ticket at any time, 30 days after the expiration of the visa? For example, the J1 is valid only from Jan. '06 to Jan. '07, but an extra 30 days are given to stay here legally and then choose when to depart within those 30 days. Now, the non-USC marries before then and of course, never purchased, nor purchased ahead of time a one-way return ticket.

Could this be taken and/or seen as immigrant intent or not? How could anyone prove a "spur of the moment" marriage, when the return ticket purchase was an option, not an obligation?

[aussiewench 9]

Aside from the fact that a J-1 is subjected to a two year home residencey requirement unless they have served this requirement or acquired a waiver.......the fact that they were issued a J-1 visa and entered on that visa legally with no intent to immigrate as they were allowed entry as a student, would satisfy this requirement, return ticket or not.....The 30 day overstay would be overlooked once married.

Edited February 23, 2006 by aussiewench

[meauxna 15]

So am I right in assuming that in order to prove non-immigrant intent, the non-USC had to have a return ticket to his home country prior to marry "spur of the moment?"

dmartmar: I request that you stop hijacking other people's thread to find an answer that does not exist here.

If you want to start your own thread and keep flogging the topic, fine, but it is extremely unfair of you to continue to derail other people's threads in pursuit of your own agenda. I have been sympathetic and helpful to you in the past, which I hope you will take into account in respecting my request.