AOS vs. tourist visa

[hafa_adai 0]

Hi all....

I'd like to know if anyone here entered US. with a tourist visa, got married (unintentionally) and adjusted status to become a LPR......???

Did you have any problems with AOS?

What were you asked during the interview?

Did getting married while holding a tourist visa delay the process of obtaining your greencard?

Thank you so much

[stinger157 0]

Hi all....

I'd like to know if anyone here entered US. with a tourist visa, got married (unintentionally) and adjusted status to become a LPR......???

Did you have any problems with AOS?

What were you asked during the interview?

Did getting married while holding a tourist visa delay the process of obtaining your greencard?

Thank you so much

Applying for a tourist visa with the plan to marry and to stay in the United States permanently is visa fraud. I think everyone here will tell you that the best way is to return back to your home country, apply for the proper visa and then you can enter and marry (K-1) or marry first, return to your home country and apply for a K-3 visa.

I am getting more and more irritated seeing people misusing this forum by trying to find ways around the usual visa process, not caring if that what they are doing could be illegal.

Probably most of these don't even care that this is a public forum and everyone, even USCIS, can read about their plans.

I see this forum as a place where everyone can find valuable information about the normal, and legal, visa process.

In my opinion, every visa or every immigration or citizenship related document of someone who provided wrong information or didn't use the proper legal way to complete the necessary steps should be revoked. People who don't follow the established procedures to complete the immigration process are likely to leave the legal path every time law doesn't meet their convenience.

[John & Annie 0]

Hi all....

I'd like to know if anyone here entered US. with a tourist visa, got married (unintentionally) and adjusted status to become a LPR......???

Did you have any problems with AOS?

What were you asked during the interview?

Did getting married while holding a tourist visa delay the process of obtaining your greencard?

Thank you so much

Applying for a tourist visa with the plan to marry and to stay in the United States permanently is visa fraud. I think everyone here will tell you that the best way is to return back to your home country, apply for the proper visa and then you can enter and marry (K-1) or marry first, return to your home country and apply for a K-3 visa.

I am getting more and more irritated seeing people misusing this forum by trying to find ways around the usual visa process, not caring if that what they are doing could be illegal.

Probably most of these don't even care that this is a public forum and everyone, even USCIS, can read about their plans.

I see this forum as a place where everyone can find valuable information about the normal, and legal, visa process.

In my opinion, every visa or every immigration or citizenship related document of someone who provided wrong information or didn't use the proper legal way to complete the necessary steps should be revoked. People who don't follow the established procedures to complete the immigration process are likely to leave the legal path every time law doesn't meet their convenience.

I agree wholeheartedly, We thought of going that route. But we wanted to do things right.

The answer to your queston is, Yes. This will effect you through the entire process. USCIS will look at every document and it will take a lot longer.

If you want the appearance to be the right one, return to your home country. Realize that you now can not use your wedding pictures, invitations, invoices. Being that you got "unintentionally married" you can not show any planning for that event, or you will prove that you commited fraud.

[Satellite 1]

I'd like to know if anyone here entered US. with a tourist visa, got married (unintentionally) and adjusted status to become a LPR......???

Statistically more people adjust status this way than through a K1 or K3.

Did you have any problems with AOS?

I have been to one such interview as an interpreter and it was no different than our interview which was based on a K1. Quick and easy.

Did getting married while holding a tourist visa delay the process of obtaining your greencard?

This is by far the fastest way to adjust status if that goal becomes apparent after entering with non-immigrant intent on a non-immigrant tourist visa.

The key to your success hinges on the unofficial 30-60-90 day rule. Marriage within 30 days presumes immigrant intent upon entering. Between 30 to 60 days it can go either way. After 60 days it is presumed their was no immigrant intent.

You won't find this published on the USCIS website but you'll definitely get this advise from many immigration lawyers if you decide to attend one of their consultation sessions.

Edited September 23, 2006 by Satellite

[danae 0]

Hi all....

I'd like to know if anyone here entered US. with a tourist visa, got married (unintentionally) and adjusted status to become a LPR......???

Did you have any problems with AOS?

What were you asked during the interview?

Did getting married while holding a tourist visa delay the process of obtaining your greencard?

Thank you so much

Applying for a tourist visa with the plan to marry and to stay in the United States permanently is visa fraud. I think everyone here will tell you that the best way is to return back to your home country, apply for the proper visa and then you can enter and marry (K-1) or marry first, return to your home country and apply for a K-3 visa.

I am getting more and more irritated seeing people misusing this forum by trying to find ways around the usual visa process, not caring if that what they are doing could be illegal.

Probably most of these don't even care that this is a public forum and everyone, even USCIS, can read about their plans.

I see this forum as a place where everyone can find valuable information about the normal, and legal, visa process.

In my opinion, every visa or every immigration or citizenship related document of someone who provided wrong information or didn't use the proper legal way to complete the necessary steps should be revoked. People who don't follow the established procedures to complete the immigration process are likely to leave the legal path every time law doesn't meet their convenience.

I agree wholeheartedly, We thought of going that route. But we wanted to do things right.

The answer to your queston is, Yes. This will effect you through the entire process. USCIS will look at every document and it will take a lot longer.

If you want the appearance to be the right one, return to your home country. Realize that you now can not use your wedding pictures, invitations, invoices. Being that you got "unintentionally married" you can not show any planning for that event, or you will prove that you commited fraud.

What are you talking about?? The OP clearly states he got married 'untentionally'- i.e. they had no intention to marry and remain whilst entering on the tourist visa. Are you just assuming they had intention because they married on a tourist visa??

Where is your evidence that it will 'take longer'? Sure USCIS will llok at eery document- they will in EVERY case. Sure the chances of an approval without interview are slim in tourist visa adjustments, but I would be interested to see actual figures that these cases take significantly longer.

[hafa_adai 0]

Thank you so much for every advice. I'm totally aware that getting married while holding on tourist visa is the worst way. I wanted to do it right, but my boyfriend doesn't want me to go back to my country. If I did go back, it would be the 5th time we had to seperate. He just can't take it anymore that we have to be apart. I'll talk to my boyfriend again about this and let him read this thread.

Thanks a lot for your information, Satellite.

Edited September 23, 2006 by hafa_adai

[stinger157 0]

Thank you so much for every advice. I'm totally aware that getting married while holding on tourist visa is the worst way. I wanted to do it right, but my boyfriend doesn't want me to go back to my country. If I did go back, it would be the 5th time we had to seperate. He just can't take it anymore that we have to be apart. I'll talk to my boyfriend again about this and let him read this thread.

Thanks a lot for your information, Satellite.

Now that you explained the case a bit more I would really not recommend to marry while on the tourist visa. USCIS would question for sure if the marriage was soooo not planned. Apparently you know your boyfriend for a long time. USCIS has information about that if you entered before. I don't know from which country you are and which information you had to send to USCIS.

Depending on the documents you had to submit the risk is too high. Go the usual way and stay away from every attempt to do something illegal.

Finally it is up to your boyfriend to start the process. If he doesn't want you to leave, why didn't he start the process earlier? Or start the process now, while you are in the United States and shorten the waiting time this way. There are many ways what he can do. But you as a possible future citizen of the United States should do everything to respect, follow and obey the law.

[pucklechurch 0]

I entered on the VWP, adjusted status and within five months I was approved for a Green Card. Simple as that. Qucik process, no delays. At the interview I was asked was it my intention to remain in the US when I arrived at immigration and I simply said no, not at all, no siree bob. What the bloody hell did they think I was going to say? So in your case, go for it!!

[MPGGPM 0]

Thank you so much for every advice. I'm totally aware that getting married while holding on tourist visa is the worst way. I wanted to do it right, but my boyfriend doesn't want me to go back to my country. If I did go back, it would be the 5th time we had to seperate. He just can't take it anymore that we have to be apart. I'll talk to my boyfriend again about this and let him read this thread.

Thanks a lot for your information, Satellite.

Now that you explained the case a bit more I would really not recommend to marry while on the tourist visa. USCIS would question for sure if the marriage was soooo not planned. Apparently you know your boyfriend for a long time. USCIS has information about that if you entered before. I don't know from which country you are and which information you had to send to USCIS.

Depending on the documents you had to submit the risk is too high. Go the usual way and stay away from every attempt to do something illegal.

Finally it is up to your boyfriend to start the process. If he doesn't want you to leave, why didn't he start the process earlier? Or start the process now, while you are in the United States and shorten the waiting time this way. There are many ways what he can do. But you as a possible future citizen of the United States should do everything to respect, follow and obey the law.

If your plan was truly "unintentional"..........well.............it happens. You are not first and won't be the last.

Things happen.

You will probably be questioned more as others have stated (because the first thing USCIS will think is that you had it "planned" all along, and most likely you will get grilled at the interview.)

But I have read of many others who adjusted their status the same way you are planning. (Although I am sure not ALL were unintentional.....and some were just trying to "buck the system"...)

Being separated sucks.........it puts a great strain on a relationship , emotionally, ..........on top of that USCIS is a ponderous institution to deal with, and if you go back to apply from abroad, there is no strict timetable on when you will actually come back. (You could make mistakes in your application, which would delay things....you could get RFE's...etc...which could cause further delays)

If I were in your shoes, and my wife was here (she's not....she's abroad and we are doing the CR-1 through her embassy due to circumstances in our case, which is more complicated, and she had to leave the USA after being here many years on a student visa, not tourist visa, after our marriage) ................BUT...if it was possible for us to do AOS from here ........no WAY would I have had her go back.

It is too emotionally draining.

If it were me, in your shoes, I'd do AOS from here in the USA. According to what you are telling us, it is just something that has come up,and wasn't planned. So you did nothing wrong, and I do not see why you should HAVE to go back.

[stinger157 0]

Well, maybe it is less emotionally draining to get deported and banned for several years than going the right way.

What you do is up to you. But you should keep in mind which history you have with USCIS. If they several different cases with your name on it, it might be difficult to prove that your marriage was not planned.

If the tourist visa with which you are in the United States right now is the first contact you have with USCIS, you might be successful.

Ask your boy friend if he is going to take that risk. He is also playing with your life and the final decission should be up to you.

[meauxna 15]

hafa_adai,

Be careful what you are reading in this thread; it's not all accurate.

What's your boyfriend's citizenship? What is your home country?

The only correct answer to give IMO (regardless of his citizenship) is that you should spend the money to CONSULT with an immigration attoryney who does family based cases. You can have your particular situation reviewed and get correct information on your options.

[MPGGPM 0]

Well, maybe it is less emotionally draining to get deported and banned for several years than going the right way.

What you do is up to you. But you should keep in mind which history you have with USCIS. If they several different cases with your name on it, it might be difficult to prove that your marriage was not planned.

If the tourist visa with which you are in the United States right now is the first contact you have with USCIS, you might be successful.

Ask your boy friend if he is going to take that risk. He is also playing with your life and the final decission should be up to you.

People get banned for overstaying their visa, then once they leave, they are unable to re-enter. No where does she ever state that's the case.

Sounds to me as though she has never abused her visa.

What do you base the fact that she could be banned for several years on?

[stinger157 0]

Did you ever hear about visa fraud? Actually that is what I referred to in my first posting. Maybe you should read it again.

I've heard about cases where someone on a tourist visa married and thought she is one of the lucky persons who could save some time by bending the law a bit.

The last information I have that she is back in Poland waiting for the time after her ban.

Marriage doesn't grant you access automatically. That is what many don't understand.

Edited September 23, 2006 by stinger157

[meauxna 15]

Did you ever hear about visa fraud? Actually that is what I referred to in my first posting. Maybe you should read it again.

I've heard about cases where someone on a tourist visa married and thought she is one of the lucky persons who could save some time by bending the law a bit.

The last information I have that she is back in Poland waiting for the time after her ban.

Marriage doesn't grant you access automatically. That is what many don't understand.

stinger, you're assuming a lot of things here that the OP has not stated.

[MPGGPM 0]

Did you ever hear about visa fraud? Actually that is what I referred to in my first posting. Maybe you should read it again.

I've heard about cases where someone on a tourist visa married and thought she is one of the lucky persons who could save some time by bending the law a bit.

The last information I have that she is back in Poland waiting for the time after her ban.

She deserves it then. Tough luck for them.

Now...back to THIS issue.

Where is it in this topic that this woman is purposely trying to circumvent the law?

You're accusing her of committing fraud, and no where from what I have read, is she trying to do so. My advice was based on the belief that she is honest, and not lying about her situation.

Hopefully she finds a good solution for her and her spouse.