Have got married on a tourist visa

[mamaSue 38]

This is just my opinion, but I think you will have a VERY DIFFICULT time convincing USCIS that you entered the U.S. as a tourist without the intent to marry considering that you were already in this relationship AND pregnant at the time you entered the country

Where does it say she was pregnant??

To be honest, it's doable to stay here....people have adjusted status sucessfully from a tourist visa...but you have to jump through a lot more hoops, and there's a chance you may be turned down.

When I was thinking of staying add adjusting, we made an infopass and the officer was very helpful, and told us exactly this.

Might be worth an infopass visit.

[Xanax 349]

Sigh, I wrote a long post on my phone then it randomly turned off...

Basically OP, don't be scared by some of the things you read here. A great many people adjust from tourist visas every year ( that is not to say it's the "right" thing to do).

As long as you didn't lie about your intentions when you entered the US you should be fine. Note: if you go this route you will probably need some documents mailed from home like your birth cert.

Adjusting status here is not hard. It's forms and proving your relationship... oh and waiting. The hardest part I think is being out of a status (once adjusting you become in a "period of authorised stay" even if your old visa has expired but you can't do much (no Ssn etc)

If you are very worried and or want to make sure you do it the "proper" way. File for a CR-1 spousal visa and leave when your B visa expires. If you choose this route you can still visit the US and the processing time is 7-10 months currently. Also one you enter the US you are a legal permanent resident which in my opinion is better than being out of status or a tourist visa overstay and has many more benefits.

Also if you chose the CR-1 your husband could wait out the time in your country (if you could afford it).

So OP, do what is best for you, don't let others tell you it is hard or anything, it's not hard to adjust your status! ... One forum member here adjusted after 20 years! But you should be prepared for all outcomes and one of them is denial (even if rare) and that would mean going home and filing the CR-1.

Edited August 9, 2012 by Xanax

[Xanax 349]

Simialrly (as I can no longer edit): intent alone is not enough to have you denied.

[slidingdoors 3]

I would highly recommend going to consult with a local lawyer. The first consultation for most attorneys is free and they will at least be able to tell you how difficult your case is likely to be after hearing your side.

[Eric-Pris 1,606]

Simialrly (as I can no longer edit): intent alone is not enough to have you denied.

Sure it is, intent to marry AND adjust status on a tourist visa is enough to deny. And if they want to get nasty, they can ban you for life for visa fraud. But that's the extreme possibility.

To the OP,

Your intent matters but not as much as their (USCIS) perception of your intent. In other words, what they determine (based on the evidence that you submit) in their opinion that your real intent was is what really matters. For example, you may have intended to stay 3 months and go back home. But if you don't show enough evidence that you really did intend to go back, they may determine that you intended to stay and adjust. Nobody can read your mind to know what your real intent was, so they will determine it by what evidence you present.

You need to see what evidence you can show to prove that you oirginally planned to go back home, but then decided to stay once in the US. Will it be enough to convince them? If so, go for it. If not, the safer route is to file a CR-1 and go home when your visa is up.

In my opinion, if I was in your place, and I had overwhelming evidence that I planned to go back, I would adjust. BTW-A return airline ticket is not overwhelming evidence. I'm talking about strong ties to your home country. Otherwise, it's safer to go with the CR-1 visa.

Good luck.

Edited August 9, 2012 by Eric-Pris

[Vicomi 31]

I would highly recommend going to consult with a local lawyer. The first consultation for most attorneys is free and they will at least be able to tell you how difficult your case is likely to be after hearing your side.

I agree with the above post. Seek legal advice asap and Good luck!

[Harpa Timsah 13,258]

Sure it is, intent to marry AND adjust status on a tourist visa is enough to deny. And if they want to get nasty, they can ban you for life for visa fraud. But that's the extreme possibility.

This is incorrect. BIA appeals courts have determined that intent alone is not enough reason to deny.

The OP has stated that she did not have intent to immigrate when she came, so there is no point in belaboring the point and scaring her with incorrect information.

[VanessaTony 3,567]

This is incorrect. BIA appeals courts have determined that intent alone is not enough reason to deny.

The OP has stated that she did not have intent to immigrate when she came, so there is no point in belaboring the point and scaring her with incorrect information.

Correction, the ASSUMPTION of intent alone isn't enough to deny, the KNOWLEDGE of intent IS enough to deny as it's immigration fraud.

Simialrly (as I can no longer edit): intent alone is not enough to have you denied.

ASSUMPTION of intent isn't enough to deny. If they know there was intent (as in they admit it) then they will deny due to visa fraud.

[Sandra G. 5,048]

If you got married after 60 days you entered here then you will be fine. Get some proof that you planned to go back to your Country after visiting USA, but "on the spur of the moment" you got married.If you got married less than 60 days that you entered in the USA then go back to your home Country and wait there your CR1 visa.

[Harpa Timsah 13,258]

No, I don't think you're accurate on this. Waiting for Jim.

Edit for sandraj: THe 60/90 day rule is not a thing, and never was. It's a lawyer rumor.

Edited August 9, 2012 by Harpa Timsah

[Karee 4,190]

No, I don't think you're accurate on this. Waiting for Jim.

Edit for sandraj: THe 60/90 day rule is not a thing, and never was. It's a lawyer rumor.

I don't think she meant it as a rule. It just looks better. If you come here on day1 and then get married on day 2 and try to adjust status, I could see that being a pretty big problem.

[DandT14 272]

I'm probably going to piss a few people off with this comment. But I'm gonna make it anyway.

If you're looking to AOS from the VWP or any "other" type visa (student, etc.) then I'd listen to the advice of people who have done just that.

I wouldn't pay much attention to people who came with K-1 or CR-1 when they tell you that you're going to be forcibly thrown out of the country and banned for life because you didn't do things "legally."

Yes, I'm exaggerating. But if you look at the "you better not do it, it's dangerous" posts, they tend to be from people who used K-1 or CR-1.

That's my two cents. We don't know many details about the poster's situation, but I didn't see any reason that he can't file AOS.

[Xanax 349]

Sorry Eric, "assumption" of intent alone is not enough to deny

Obviously... if you admit you had intent as Vanessa said, that may be enough to deny!

THEY have to prove you had intent to.stay and the burden of proof is on them.

OP, try noy to stress. People adjust all the time and it sounds like you were not trying to circumvent the law.

Edited August 9, 2012 by Xanax

[cdneh 3,112]

This is just my opinion, but I think you will have a VERY DIFFICULT time convincing USCIS that you entered the U.S. as a tourist without the intent to marry considering that you were already in this relationship AND pregnant at the time you entered the country and got married only 11 days after entry (based on your timeline and posts). In fact, I have a hard time believing it and I am very sympathetic to the difficulties experienced in waiting for a fiance/spouse to get to the U.S. In my experience, the people at immigration are not as sympathetic.

Well, you would be wrong. No where did the OP say she was pregnant.

If you had read the signature that followed the post I think you are referring to, just before yours, which is NOT the post the OP made, by the way for anyone else trying to work this out, you would have seen that that poster has already successfully adjusted, and has her green card.

Pays to read everything.

Edited August 9, 2012 by cdneh

[bsd058 296]

I could understand if you entered with every intention of returning, but then decided to stay. I remember when I brought my wife down to Florida from Canada, and I had every intention of returning. Then when we got to the house, I realized I wanted to change my mind. I decided not to, because of the money aspect (I would have had to wait for 3 months before I got work authorization). But I totally understand the mentality. You don't realize how you will feel until you are with your spouse there and everything all settled in. You just want to stay. I don't really doubt that you came with the intention of leaving and but now you want to stay. The question is, could you convince USCIS that you had the same mentality? If you feel that you could show your intent (possibly property in your original country, or some other tie that you now want to break), go ahead and apply for the AOS to permanent resident. Intent is what matters, but you need to be able to show/prove your intent.