married waiting for green card

[Mike B. 231]

I don't see what have I done wrong since I married for the right reasons and I came to the us to visit not with the intention at all to get a green card. I have been through hell because I married someone I'm in love with and who I believed was the right person for me and you are judging me? Not fair at all when I'm only asking for help.

You didn't do anything wrong. Don't let some jerk on the internet get you down.

[del-2-5-2014 1,339]

I salute the Lady for hoping to keep the child involved in the paternal familys life, this is important.

The spouses have an issue but nothing on the thread has suggested any issue with the child.

Good luck.

[KayDeeCee 4,896]

and it is known as visa fraud to come on a VWP or tourist visa and getting married and stay in the usa ( it comes from the us department of state) . it is a grey zone and a law loophole when you can proof that you didnt intent to use your tourist visa that way.. many laws have loophole it doesnt makes it ok.

It is fraud if they enter the US with a tourist visa or VWP with the intent to marry, stay and adjust status. It is not fraud to enter the US using either of those 2 ways if they had no intention of getting married when they entered. It is okay. That was the point that was being made to you. What she did was not illegal nor did she use a loophole she shouldn't have. When she came to the US to visit, she stated she had no intention of staying, but then ended up getting married and staying. No fraud there.

Do people sometimes lie about having no intent? Of course they do. People also lie to get fiance(e) and spousal visas. That does not mean no one should be allowed those visas because some people commit fraud to get through the system. It also does not mean what the OP did was fraud or 'not ok' because some people abuse the laws and lie about their true intentions for entering the US. The OP is not here to be judged by the illegal actions of others that came before her.

[Darnell 8,479]

only the I-130?

So no I-485 filed concurrently?

Ouch.

He could file for divorce, withdraw the I-130 petition, and you've no further status in the USA except for a tourist-visa-overstay.

I'm sorry, things seem rather grim for you from an immigration standpoint.

[VanessaTony 3,567]

i gave her an advice she could file for WAVA .

It's VAWA, not WAVA.

[SaharaSunset 165]

Hi Jo Stewart,

Although you may have married him with the best of intentions, immigration may not see it that way. They are "fraud paranoid." Coming on a tourist visa, and getting married without going through the proper procedure is in some cases found to be visa fraud...and you really have to work prove the validity of your relationship and marriage. Its not in danger of being considered "fraud" because of falling in love. Your visa want not granted with the intention of allowing you to stay permanently. You were not actually given permission to marry in the country.

Now as stated before, there are processes to "adjust status" based on a legitimate marriage. But immigration makes you work hard to prove its a real marriage (regardless of when an dhow you apply) and you may be entering murky water because of the fact that your marriage is no longer legitimate. And that's what the VAWA is for, in some cases. But that being said, you will still have to prove the legitimacy of your marriage and relationship etc.

I agree with some of the other posters. If you came here just to visit, and had this terrible situation happen with your husband, I can't imagine why you would want to stay in a foreign land, alone, with a child?? Especially when you never intended to stay here in the first place...right? Does your family back home support you and care about the child? If your family back home doesn't support your situation, be warned that this is a red flag for Visa Fraud. They'll want to know if you were running away from a bad life back home in the first place. (I'm speaking from the experience of having to prove the validity of a relationship to Immigration.)

Staying here so the child has contact with the American grandparents isn't likely the most solid reason - Immigration will want to know why you don't feel the same about keeping your child from your family back home. The reality is, this website is full of people who maintain, sustain and even create relationships with loved ones from abroad, using video chat, and phone calls. There's no reason why you couldn't do that with your child and your Mother-in-law....you don't need to stay in the US. And since you had no intention to stay here when you came as a tourist, and now the man, the reason you stayed, has proved to be abusive.... why oh why would you really want to stay in the US???

Edited June 10, 2012 by SaharaSunset

[KazuriSana 324]

and it is known as visa fraud to come on a VWP or tourist visa and getting married and stay in the usa ( it comes from the us department of state).

Where in this [your] "us department of state" does it make it a visa fraud for a person who entered the United States on a VWP or tourist visa and somehow ends up getting married? You need to research your facts and state things that you know to be factual and correct; before you gush out cheap and baseless claims. I do not believe USCIS and DHS need help from food pantry lawyers.

[SaharaSunset 165]

Where in this [your] "us department of state" does it make it a visa fraud for a person who entered the United States on a VWP or tourist visa and somehow ends up getting married? You need to research your facts and state things that you know to be factual and correct; before you gush out cheap and baseless claims. I do not believe USCIS and DHS need help from food pantry lawyers.

Now, Now, lets all get our facts straight for the benefit of the OP. To quote the USCIS website:

If you want to change the purpose of your visit while in the United States, you must file a request with USCIS on the appropriate form before your authorized stay expires....

If you fail to maintain your nonimmigrant status, you may be barred from returning to and/or removed (deported) from the United States.

However to quote the OP

“I arrived in august. We got married in october and we filled for the green card in february…if I go back home I can't return for years and how can his mom see his grandchild?”

These comments could suggest the OP overstayed her tourist visa without filling out the necessary paperwork prior to their marriage – authentic as it may be. Its not fraud, but its also not the right process. I think Tinchen was expressing frustration over people not doing it the right way, meaning romantic "spur of the moment marriage" without doing what the USCIS has stated you should do, and then those people are upset by the circumstances they find themselves in. Especially when all the stalwarts, who do it by-the-book, sometimes have to spend long periods of time away from their loved ones, to ensure they don't encounter these troubles down the road. And sadly, people who don't follow the rules, may find themselves being flagged, booted or even possibly mis-labeled "fraud." I think that's what Tichen was trying to say.

Actually...I was in a similar situation as of the OP (considering the whole marriage while on "tourist visa" part anyway) and luckily consulted first with an excellent lawyer (who helped us breeze through the K-1 Visa process) informed me that under no uncertain terms do you want to enter the "visa fraud" flagging mess by marrying on a tourist visa. She told informed me that doing this would absolutely "Flag" our application, and although it can be done, we would be treated as "guilty until proven innocent" by USCIS.

True, the great a virtuous USCIS may not be officially label it "fraud," but doing more than what you are technically allowed to do on a given visa, without taking the time to file to change your visa status first, while perhaps not automatically deemed fraud, will be looked at with high scrutiny. And I think OP's situation may be looked with very close scrutiny...which she should be prepared for. It sounds harsh to say, but she won't get a free pass because of abuse...she'll still have to prove her relationship and marriage were real...just like all the rest of us.

Now if the OP did all this in the right timing (which she didn't specify) and entered her marriage in good faith - then its not fraud, and she'll have nothing worry about...just file the VAWA..and hope for the best.

Edited June 10, 2012 by SaharaSunset

[Lilyena 10]

It is fraud if they enter the US with a tourist visa or VWP with the intent to marry, stay and adjust status. It is not fraud to enter the US using either of those 2 ways if they had no intention of getting married when they entered. It is okay. That was the point that was being made to you. What she did was not illegal nor did she use a loophole she shouldn't have. When she came to the US to visit, she stated she had no intention of staying, but then ended up getting married and staying. No fraud there.

Do people sometimes lie about having no intent? Of course they do. People also lie to get fiance(e) and spousal visas. That does not mean no one should be allowed those visas because some people commit fraud to get through the system. It also does not mean what the OP did was fraud or 'not ok' because some people abuse the laws and lie about their true intentions for entering the US. The OP is not here to be judged by the illegal actions of others that came before her.

On the other hand, a lot of people come to the US only to visit, and of course everyone in love would like to stay and adjust without having to go home, so explain me why they are still a couple of idiots, who chose to do it the hard the way; going home, beeing separated and get a K1 or spousal visa? It also bugs me when I read this, because we all would have loved to stay with our beloved one right away instead of going through the hassle of immigration. If everyone would decide to stay and adjust status like that it would be so simple. But there are rules, and if you decide to stay, dont tell me you didnt do a little research about it..

That beeing said, I am sorry the OP has to go through abuse, I also believe she should be safe and her child to, so divorce and go home, because thats where the law would be more protective of her. I dont know, I just think she should really try to protect herself, because right now the immigration problem seems so secondary compared to the personnal danger this relationship represents...the mother in law can still see her grandchild in portugal, no? Plus i doubt she would not be able to come to the US to visit later on, as long as she can prove her case.

[Sandra G. 5,070]

You should leave the house, if you don't have a place to stay find a shelter for victims of domestic violence. File for divorce. If you fear for your life get a restraining order against him and file the I-360(Vawa).Get copy of his birth certificate or passport before you leave, otherwise the USCIS won't be able to accept your Vawa application ok, and get some proof of bonafide marriage as well ( utilities bill in name of both etc.).

Most of the shelters can help you out with Lawyer, counseling etc. If you want to leave him go to the police station and ask the cops to go to your house with you to get your stuffs, tell them you are afraid of him. Please do not try to leave the house with him there.If you need some help to find a shelter email me and I will do my best to find a place for you ok.

Stay blessed.

Edited June 10, 2012 by sandranj

[Harpa Timsah 13,258]

Now, Now, lets all get our facts straight for the benefit of the OP. To quote the USCIS website:

If you want to change the purpose of your visit while in the United States, you must file a request with USCIS on the appropriate form before your authorized stay expires....

If you fail to maintain your nonimmigrant status, you may be barred from returning to and/or removed (deported) from the United States.

However to quote the OP

“I arrived in august. We got married in october and we filled for the green card in february…if I go back home I can't return for years and how can his mom see his grandchild?”

These comments could suggest the OP overstayed her tourist visa without filling out the necessary paperwork prior to their marriage – authentic as it may be. Its not fraud, but its also not the right process. I think Tinchen was expressing frustration over people not doing it the right way, meaning romantic "spur of the moment marriage" without doing what the USCIS has stated you should do, and then those people are upset by the circumstances they find themselves in. Especially when all the stalwarts, who do it by-the-book, sometimes have to spend long periods of time away from their loved ones, to ensure they don't encounter these troubles down the road. And sadly, people who don't follow the rules, may find themselves being flagged, booted or even possibly mis-labeled "fraud." I think that's what Tichen was trying to say.

Actually...I was in a similar situation as of the OP (considering the whole marriage while on "tourist visa" part anyway) and luckily consulted first with an excellent lawyer (who helped us breeze through the K-1 Visa process) informed me that under no uncertain terms do you want to enter the "visa fraud" flagging mess by marrying on a tourist visa. She told informed me that doing this would absolutely "Flag" our application, and although it can be done, we would be treated as "guilty until proven innocent" by USCIS.

True, the great a virtuous USCIS may not be officially label it "fraud," but doing more than what you are technically allowed to do on a given visa, without taking the time to file to change your visa status first, while perhaps not automatically deemed fraud, will be looked at with high scrutiny. And I think OP's situation may be looked with very close scrutiny...which she should be prepared for. It sounds harsh to say, but she won't get a free pass because of abuse...she'll still have to prove her relationship and marriage were real...just like all the rest of us.

Now if the OP did all this in the right timing (which she didn't specify) and entered her marriage in good faith - then its not fraud, and she'll have nothing worry about...just file the VAWA..and hope for the best.

Please don't prattle on about things you don't understand. You are misreading the sources you read, and you are wrong. The lawyer you talked to is wrong. The way the OP entered the US will have zero basis for her case. Your opinions about things are not relevant. Your claims about what level of scrutiny she will be under are baseless.

USCIS has created this legal path for people whose circumstances meet this criteria. Jay-Kay explained the criteria above.

She did no fraud. It is not a grey area. Overstay will not matter a whit.

[Jo Stewart 0]

First of all @sarah-sunset you were clearly not I'm the same situation as me cause I never thought about comin to the us to get married. As I said I came to visit and I had a flight back. I did overstayed after I fall in love and after I got married, and I say again, for the right reasons. I see nothing wrong with that and I did not commit any fraud and I can prove that. I'm not worried about that neither is that my concern atm.

I do want to raise my child here and have him close to the family, since my parents can visit us but my husband family cannot do the opposite.

I believe there's nothing wrong with that. All I was asking was some legal help and not to be judged.

[Harpa Timsah 13,258]

Jo,

Why can't your husband's family visit Portugal? USCs can travel there visa free, just like Portuguese citizens can to the US.

[Darnell 8,479]

Jo, without filing an I-485 with the I-130, you won't have any basis for staying.

You were relying on the I-130 being adjudicated, then after the approval, filing the I-485 for the greencard.

I'm sorry, yer path to a greencard is suddenly skewed, now that there is talk of divorce.

You would be better off to leave the USA, return to Portugal, have the baby there.

Good Luck, for your next steps, whatever you choose to do. Please understand that NOT filing the I-485 with the I-130 (concurrently) makes much pain for you getting a greencard this month.

[Jo Stewart 0]

Harpa,

Because they can't afford it.