What constitutes 'preconceived intent" to marry?

[eav123 0]

We're afraid of the "what can go wrong" even though my husband and I did NOT plan to get married when he entered the country in October. We had only been dating since July, when we met in Portugal, and had wanted to spend time together in my country to see if we were compatible...well, we are! and we're getting married on Monday Dec. 3...If he applies for an adjustment of status after we're married, will it most likely be okay? What constitutes preconceived intent to marry? We knew we liked each other a LOT...even love...and we had kicked the idea around a bit before he got here, but as for KNOWING that we were going to be this in love, we had no idea. His visitor status (via visa waiver) ends on Jan. 2. Is that even enough time to gather the proper documents and file to adust status? He needs a medical exam to send in with the forms, right? Honestly, we're looking for the best possible advice with how to proceed. We want to plan a marriage in the summer. I don't want to risk him being turned away at the gate, nor do I want to risk us being grilled and scared and have a slip up with us admitting that we were thinking marriage before he came...which we were, but not in this way...in the future...yes...but we just are so in love that we have decided to do it now. Does this sound like a straight forward enough case to be approved?

Advice!!??

Edited November 30, 2012 by eav123

[Jordandawg05 13]

We're afraid of the "what can go wrong" even though my husband and I did NOT plan to get married when he entered the country in October. We had only been dating since July, when we met in Portugal, and had wanted to spend time together in my country to see if we were compatible...well, we are! and we're getting married on Monday Dec. 3...If he applies for an adjustment of status after we're married, will it most likely be okay? What constitutes preconceived intent to marry? We knew we liked each other a LOT...even love...and we had kicked the idea around a bit before he got here, but as for KNOWING that we were going to be this in love, we had no idea. His visitor status (via visa waiver) ends on Jan. 2. Is that even enough time to gather the proper documents and file to adust status? He needs a medical exam to send in with the forms, right? Honestly, we're looking for the best possible advice with how to proceed. We want to plan a marriage in the summer. I don't want to risk him being turned away at the gate, nor do I want to risk us being grilled and scared and have a slip up with us admitting that we were thinking marriage before he came...which we were, but not in this way...in the future...yes...but we just are so in love that we have decided to do it now. Does this sound like a straight forward enough case to be approved?

Advice!!??

are you getting married monday the 3rd or next summer? you said ' we want to plan a marriage in teh summer'...bit confusing.

[eav123 0]

are you getting married monday the 3rd or next summer? you said ' we want to plan a marriage in teh summer'...bit confusing.

We will be married as of Monday Dec. 3, so that's why I'm just referring to him as my husband. We plan to have a CATHOLIC ceremony this summer...and the CR-I visa makes that almost impossible with the chance of him being denied at customs if he were to return home to Portugal and then come back to visit me at this point....and the adjustment of status is super scary too because of all the possibilities of getting a "grumpy" immigration officer who wants to be a di**. We just want to hear that things will be okay. but it's not the case.

[N-o-l-a 7,167]

We will be married as of Monday Dec. 3, so that's why I'm just referring to him as my husband. We plan to have a CATHOLIC ceremony this summer...and the CR-I visa makes that almost impossible with the chance of him being denied at customs if he were to return home to Portugal and then come back to visit me at this point....and the adjustment of status is super scary too because of all the possibilities of getting a "grumpy" immigration officer who wants to be a di**. We just want to hear that things will be okay. but it's not the case.

Well, I don't think you need to call them names. Some people get around the system with the AOS and trust me, most of us have thought about it but it isn't the right and proper way to go about starting a life together. Get married, let him return home and it will benefit your case and there will be less to have to prove. The CR1 with the beneficiary residing outside the country is a very safe and tried and true way to go about being together.

Don't get stressed about what ifs...the CR1/I-130 will be relatively simple. You can even start the petition the day you marry while he is still in the country, minimizing your time apart by even more.

Edited November 30, 2012 by Nola123

[eav123 0]

Well, I don't think you need to call them names. Some people get around the system with the AOS and trust me, most of us have thought about it but it isn't the right and proper way to go about starting a life together. Get married, let him return home and it will benefit your case and there will be less to have to prove. The CR1 with the beneficiary residing outside the country is a very safe and tried and true way to go about being together.

Don't get stressed about what ifs...the CR1/I-130 will be relatively simple. You can even start the petition the day you marry while he is still in the country, minimizing your time apart by even more.

I think that's what I'm leaning towards doing. It's less stressful other than the pining for each other that will follow. Once I file the CR-I, what are the chances that he'll be able to come back and see me?

If the CR-I is pending, and he overstays a visitor visa, will that nullify his CR-I? Just wondering. We're trying to plan a summer wedding and need definite answers but there don't seem to be any Thank you for the advice

[N-o-l-a 7,167]

I think that's what I'm leaning towards doing. It's less stressful other than the pining for each other that will follow. Once I file the CR-I, what are the chances that he'll be able to come back and see me?

If the CR-I is pending, and he overstays a visitor visa, will that nullify his CR-I? Just wondering. We're trying to plan a summer wedding and need definite answers but there don't seem to be any Thank you for the advice

Do not have him overstay the visa under any circumstances - it is a ban for a minimum amount of years and you'll have to do a waiver to overcome it (which is a very hard process that might not be successful).

He can come when the I-130 and CR1 are being processed. He'll want proof of filing and strong times to home (job, lease, etc.). He shouldn't bring too many items, personal paperwork, or anything that would indicate that he is here for something more than a short stay.

Don't worry so much about the religious wedding planning. When you get closer (after NOA2 and into the NVC stage) then it probably ok to start picking out dates.

Edited November 30, 2012 by Nola123

[eav123 0]

Do not have him overstay the visa under any circumstances - it is a ban for a minimum amount of years and you'll have to do a waiver to overcome it (which is a very hard process that might not be successful).

He can come when the I-130 and CR1 are being processed. He'll want proof of filing and strong times to home (job, lease, etc.). He shouldn't bring too many items, personal paperwork, or anything that would indicate that he is here for something more than a short stay.

Don't worry so much about the religious wedding planning. When you get closer (after NOA2 and into the NVC stage) then it probably ok to start picking out dates.

Thank you so much for the advice.

[Harpa Timsah 13,258]

I have replied to your other two threads, yet you don't reply to them and start new threads...

Your idea that you will get a "grumpy ####### IO" is just wrong. Denials or approvals are not capricious and up to the whims of the IO.

You haven't married yet but are calling your fiance your husband. That is confusing and inaccurate and can lead to wrong advice.

Edited November 30, 2012 by Harpa Timsah

[ValerieA 350]

Well, I don't think you need to call them names. Some people get around the system with the AOS and trust me, most of us have thought about it but it isn't the right and proper way to go about starting a life together. Get married, let him return home and it will benefit your case and there will be less to have to prove. The CR1 with the beneficiary residing outside the country is a very safe and tried and true way to go about being together.

Don't get stressed about what ifs...the CR1/I-130 will be relatively simple. You can even start the petition the day you marry while he is still in the country, minimizing your time apart by even more.

Contrary to certain opinions, AOS'ing is not "getting around the system". It is legal and proper. It is also faster (and probably cheaper, considering the cost of airfare these days) than the CR-1.

The couple has to prove that they have a bonafide marriage. OP, if you want to explore this option, the guide is here. Your fiance is already in the country, so as long as you have no serious factors (misrepresentation, serious criminal record, etc.) you should look into it. Note: you do have to be married to AOS.

[DandT14 272]

Do not have him overstay the visa under any circumstances - it is a ban for a minimum amount of years and you'll have to do a waiver to overcome it (which is a very hard process that might not be successful).

He can come when the I-130 and CR1 are being processed. He'll want proof of filing and strong times to home (job, lease, etc.). He shouldn't bring too many items, personal paperwork, or anything that would indicate that he is here for something more than a short stay.

Don't worry so much about the religious wedding planning. When you get closer (after NOA2 and into the NVC stage) then it probably ok to start picking out dates.

Overstay will be forgiven if he stays and they file AOS.

Valerie beat me to it (I had a good rant all planned)...but I just want to add that there is nothing more or less legal or right about filing for CR-1 vs. AOS vs. K-1. They are all acceptable depending on the circumstances of the people involved.

The only potential danger is that when adjusting from VWP, appeal is not an option if denied.

That said, I'm not suggesting you actually get married. There is a lot of responsibility in marrying someone from another country and bringing them here, not the least of which is agreeing to support them financially whether you want to or not. It sounds to me like you just met him (in person) in October? You really want to risk your whole life on a two month relationship? I'd think this one through if I were you. He can always go home and visit a few more times before you actually get married.

If you do decide to get married, and he has no need to go back to his home country for at least 4-6 months, then he can stay and file AOS. If there's anything you're worried about (criminal history?) then ask about it here before you do anything else.

[MrsB2012 10]

Overstay will be forgiven if he stays and they file AOS.

Valerie beat me to it (I had a good rant all planned)...but I just want to add that there is nothing more or less legal or right about filing for CR-1 vs. AOS vs. K-1. They are all acceptable depending on the circumstances of the people involved.

The only potential danger is that when adjusting from VWP, appeal is not an option if denied.

That said, I'm not suggesting you actually get married. There is a lot of responsibility in marrying someone from another country and bringing them here, not the least of which is agreeing to support them financially whether you want to or not. It sounds to me like you just met him (in person) in October? You really want to risk your whole life on a two month relationship? I'd think this one through if I were you. He can always go home and visit a few more times before you actually get married.

If you do decide to get married, and he has no need to go back to his home country for at least 4-6 months, then he can stay and file AOS. If there's anything you're worried about (criminal history?) then ask about it here before you do anything else.

Yep, you took the words right out of my mouth.

My now husband came here from Denmark under VWP in June and we decided on a whim to get married in Sept. He stayed here and we're now two months into the AOS process. Being out of status is forgiven when married to a USC. Now as far as the part of actually getting married to someone you hardly know- I would advise against it, but that's just my two cents. This process isn't easy and can put a lot of strain and stress on a relationship. Better make sure you're both up for the test...

[eav123 0]

Yep, you took the words right out of my mouth.

My now husband came here from Denmark under VWP in June and we decided on a whim to get married in Sept. He stayed here and we're now two months into the AOS process. Being out of status is forgiven when married to a USC. Now as far as the part of actually getting married to someone you hardly know- I would advise against it, but that's just my two cents. This process isn't easy and can put a lot of strain and stress on a relationship. Better make sure you're both up for the test...

Thanks for all the advice. I'm getting married on Monday, thus refer to him as my husband, as I stated in another response...it's been easier than saying fiance/soon-to-be-husband. And we met in Portugal in early July, and fell for each other soon thereafter, so it's been longer than 2 months! I've never been more sure about anything in my life--he is the ONE for me. Adjustment of status seems scary to me, since you have to do a medical exam which could take a lot of time (his time is up on Jan.2), coupled with having to prove that there was no intent to immigrate, which there wasn't...but I get nervous and could trip up or stutter, and they could deny him based on me not keeping cool or something it seems. SOme people say that if you overstay, he'd be barred for 10+years! We also don't have possession of his birth certificate...it's in Portugal, and is in Portuguese...would that need officially translated? If we sent in the AOS in 2 weeks, would that be still enough time to get the process started? It's so stressful that we're almost ready to just split, file the CR-I, and potentially be apart for way longer than we want to be...making planning our catholic wedding nearly impossible...and to anyone who's responded to me with advice, I really appreciate it.

[ValerieA 350]

You will have to do a medical for CR-1 also, and intent is rarely asked about at the interview. Intent is not an issue, misrepresentation would be, but not intent. They have to have a reason to deny him, they can't just arbitrarily decide not to give him a green card because they don't like his face or something. As long as you have evidence of a bonafide marriage, there is very little to worry about. Overstay is forgiven for spouses of US citizens, although if for some reason he did get denied, any overstay of more than 180 days will result in a ban that he would need a waiver for during the CR-1 process.

He will need his birth certificate, and it will have to be translated - any chance you can have a copy emailed or faxed to send in with your AOS package? You don't need the certified copy until your interview.

It is up to you which way you want to go, AOS or CR-1. Weigh the pros and cons, but don't let people who resent the AOS option make the decision for you. Granted, I could be accused of doing the exact opposite. I am obviously biased in favour of AOS if that is an option.

[jaycali 415]

Thanks for all the advice. I'm getting married on Monday, thus refer to him as my husband, as I stated in another response...it's been easier than saying fiance/soon-to-be-husband. And we met in Portugal in early July, and fell for each other soon thereafter, so it's been longer than 2 months! I've never been more sure about anything in my life--he is the ONE for me. Adjustment of status seems scary to me, since you have to do a medical exam which could take a lot of time (his time is up on Jan.2), coupled with having to prove that there was no intent to immigrate, which there wasn't...but I get nervous and could trip up or stutter, and they could deny him based on me not keeping cool or something it seems. SOme people say that if you overstay, he'd be barred for 10+years! We also don't have possession of his birth certificate...it's in Portugal, and is in Portuguese...would that need officially translated? If we sent in the AOS in 2 weeks, would that be still enough time to get the process started? It's so stressful that we're almost ready to just split, file the CR-I, and potentially be apart for way longer than we want to be...making planning our catholic wedding nearly impossible...and to anyone who's responded to me with advice, I really appreciate it.

"pre-conceived intent to marry" is not a problem. There is no law against getting married in the US on the visa waiver program. "Pre-conceived intent" to adjust status would be a problem, but unless there is evidence that this was his intention when he entered, I wouldn't worry about it. While it is illegal to enter the US as a tourist with the intention staying for good, it is fully legal to enter the US as a tourist, and after entry decide to get married and stay.

Whether you want to AOS or file an I-130 for a CR-1 is up to you. There is to AOSing from the VWP. 1. Because you've only had 90 days to get married "on a whim" and 2. Because by entering on the VWP you also waive all right to appeal any decision. Overall though, I'd say at this point, AOS is your best option.

I would add that in my case I got married in the US, we went to Norway for a while and then filed an I-130 from here. This notion that you run into big problems trying to enter on the VWP with a pending I-130 is worst case scenario. I've had no problem visiting on the visa waiver program since then - And I've entered 4 times after my wedding. Two of the entries was with my wife at the same CBP booth telling the CBP officer up front that we're married and waiting on a pending I-130. Those two entries have been my smoothest entries ever.

Edited November 30, 2012 by Jay Jay

[bigdog 376]

Good Luck with your process.