How do they prove Intent?

[Doncito 1]

Hi ya'll My fiance came from Mexico on her tourist visa to visit me for about the 5th time in the last year, she plans to stay one month. We live 500 miles apart. I intend to ask her to marry me on February 14th. I then hope we will be married soon. Then I will file for the IR1/CR1. However, I understand that if she comes here with "Intent" to marry they will deny the application. My question is how would the prove such intent? How would I prove no intent? Is this a big problem? Not sure what to do now.

Edited February 9, 2013 by Doncito

[Harpa Timsah 13,258]

You are confusing two things. It is not illegal to intend to marry on a tourist visa. It is illegal, however, to intend to immigrate on a tourist visa. Your plans are perfectly legal and exactly right, if you are using the term IR-1 visa properly - marry on a tourist visa in the US, go home, and file for spousal visa from abroad.

[speedwell 224]

Hi ya'll My fiance came from Mexico on her tourist visa to visit me for about the 5th time in the last year, she plans to stay one month. We live 500 miles apart. I intend to ask her to marry me on February 14th. I then hope we will be married soon. Then I will file for the IR1/CR1. However, I understand that if she comes here with "Intent" to marry they will deny the application. My question is how would the prove such intent? How would I prove no intent? Is this a big problem? Not sure what to do now.

Doncito, it's your task to prove non-intent. This is not an "innocent till proven guilty" thing because you are not in criminal court. The foreign national is actually officially presumed to be an intending immigrant unless they can convince the US that they are not. The fact that some people get away with marrying and then adjusting status while the foreign spouse is still in the US does not mean that you will.

The safe way is for her to come over to get married, and be honest with the official at the border. It is fine for her to get married here, but in case she encounters problems entering the US, she must have her return ticket (if she arrives on a plane or by train or bus) and funds to cover her stay and, if possible, show ties to her home country such as a job she needs to return to, property she holds there, or family who are dependent on her. Then she must return home within the time stamped on her passport.

Getting married in the US does not disqualify you from filing the CR1 (it's only an IR1 once you have been married 2 years). What is problematical is if you file Adjustment of Status while she is still here. That's considered visa fraud and could be held against you. Her multiple visits to you make it look like your marriage is not a spur-of-the-moment decision anyway, so it's not a case of a whirlwind romance. It would be hard to prove non-intent.

Or I suppose you could do what my husband did at the border when they asked him if he intended to remain in the US... he laughed in their faces and said, "She really wants to live in the UK." It was one shade nicer than, "Remain in the US? The US? Seriously?" lol...

Edited February 9, 2013 by speedwell

[Doncito 1]

Hi Speedwell: toward the end of your note you state: "It would be hard to prove "non-intent". Could you elaborate on this? Thanks.

[bsd058 296]

I entered the US to marry my now wife. I was completely up front and honest about my intentions. But I also had proof that after the wedding we would be coming back to Canada together. They let me enter with no problem. I brought proof of ties.

And Speedwell is right, that they presume you are immigrating unless you prove or convince them otherwise. I remember living in Sarnia and just crossing the border whenever I felt like it without a passport and no one had a care in the world. They just asked you why you were crossing and if you let them know you were just going to a buffet or going shopping, they waved you through. Gone are those days.

Hi Speedwell: toward the end of your note you state: "It would be hard to prove "non-intent". Could you elaborate on this? Thanks.

He means it will be difficult to prove to USCIS that you entered with the intent only visiting for a period after your wedding if you attempt to adjust your status immediately.

If you attempt to adjust status as soon as you're married, it can lead immigration to believe that it was your intention from the time of your entrance to stay.

Edited February 9, 2013 by bsd058

[Doncito 1]

Hi, yes, it seems clear that one must prove no intent to immigrate, only to visit. But the question remains, how does one prove no intent to immigrate? With proof of ties? When her tourist visa is close to expiring she will return to Mexico and wait until the Marriage Visa is approved. Thanks.

[speedwell 224]

Hi, yes, it seems clear that one must prove no intent to immigrate, only to visit. But the question remains, how does one prove no intent to immigrate? With proof of ties? When her tourist visa is close to expiring she will return to Mexico and wait until the Marriage Visa is approved. Thanks.

OK, I'm assuming she is driving across the border then. Probably the best thing she can do is to provide evidence of wedding plans and of ties to Mexico. Don't get excessively bothered by this. My husband came over from the UK with no proof of ties (but he did have a return ticket), his NOA1 (the first form you get after filing an I-130), my last pay stub as evidence of funds, a letter from me to the border official as evidence that neither of us wanted to mess up our pending process, and he also insisted that he wanted to do things the LEGAL way so we wouldn't have extra problems later. The border official kept shaking his head and saying he wasn't supposed to do it, but he must have been putting on a show because if he REALLY wasn't supposed to do it I suppose he wouldn't have.

[bsd058 296]

Hi, yes, it seems clear that one must prove no intent to immigrate, only to visit. But the question remains, how does one prove no intent to immigrate? With proof of ties? When her tourist visa is close to expiring she will return to Mexico and wait until the Marriage Visa is approved. Thanks.

Yes, she'll need proof of ties.

For instance:

1) Rental agreement in home country

2) Employment verification letter

3) Recent Pay stubs

4) NOA1/I-797C letter

5) Return ticket or other proof of a plan to get back to Mexico (this not is a proof of ties but shows the intent to return)

6) Any other evidence/proof she will be returning after the trip to be married.

So she'll need to provide these things to show the officer, "Hey! I'm not planning to stay! I'm just getting married and I'm going back home to wait for my immigrant visa! See? Here's my return ticket. Who buys a return ticket without having the intention of returning?" Or, perhaps, she can also provide a rental agreement. Who has a rental agreement unless they are planning on returning to their rental property? And employment verification letter proves that she is just taking a finite amount of time off and will return to work. Many employment verification letters can be amended by your employer to state the date you're expected back to work.

So, she'll need to give them some concrete evidence showing her intention to return if she wants to make sure they feel good about her entering.

Whenever I enter I show my I-797C. They are usually good with that. As long as you give them a specific date you plan to return. I tell them I'm staying for one week if that's the plan. Two weeks if that's the plan. Don't be too general when it comes to this. Don't say, "About 2-3 weeks." because that will give away that you do not have a specific plan in place to return.

Edited February 9, 2013 by bsd058

[pushbrk 12,821]

Hi ya'll My fiance came from Mexico on her tourist visa to visit me for about the 5th time in the last year, she plans to stay one month. We live 500 miles apart. I intend to ask her to marry me on February 14th. I then hope we will be married soon. Then I will file for the IR1/CR1. However, I understand that if she comes here with "Intent" to marry they will deny the application. My question is how would the prove such intent? How would I prove no intent? Is this a big problem? Not sure what to do now.

You understand incorrectly. Visiting the USA with intentions to marry a US Citizen or anybody else is not and has never been a problem. Intent to stay and adjust status to permanent resident based on marriage to a US Citizen is also not grounds to deny a petition. You'll have not the slightest reason for concern, if she pursues an immigrant visa.

[The Mean Lady 604]

OK, I'm assuming she is driving across the border then. Probably the best thing she can do is to provide evidence of wedding plans and of ties to Mexico. Don't get excessively bothered by this. My husband came over from the UK with no proof of ties (but he did have a return ticket), his NOA1 (the first form you get after filing an I-130), my last pay stub as evidence of funds, a letter from me to the border official as evidence that neither of us wanted to mess up our pending process, and he also insisted that he wanted to do things the LEGAL way so we wouldn't have extra problems later. The border official kept shaking his head and saying he wasn't supposed to do it, but he must have been putting on a show because if he REALLY wasn't supposed to do it I suppose he wouldn't have.

keep in mind this is mexico.

they probably take ties very seriously down there.

[speedwell 224]

keep in mind this is mexico.

they probably take ties very seriously down there.

Yeah, that is true... good point.

[LilyR 7]

You say you are going to ask her to marry you..... does she know you plan to marry on this trip? If not, then she would give the same answer she always gives when asked for her reason for coming into the U.S. And if she leaves before the end of her visa and you file for the CR1 while she is out of the country, then you shouldnt have any trouble and not need to prove that she didnt intend to get married while here.

[pushbrk 12,821]

You say you are going to ask her to marry you..... does she know you plan to marry on this trip? If not, then she would give the same answer she always gives when asked for her reason for coming into the U.S. And if she leaves before the end of her visa and you file for the CR1 while she is out of the country, then you shouldnt have any trouble and not need to prove that she didnt intend to get married while here.

Good point. In no event are his intentions currently unknown to her, and issue of any kind.

The direct answer to "How do they prove intent?" is simply that they don't. It's not an issue AFTER entry. If she were to present herself for entry and the CBP officer got the impression she intended to stay instead of just visit, she would be denied entry based on nothing more that suspicion. "Proof" has nothing to do with it. Sounds like a non-issue to me for this person.

[bigdog 376]

Good point. In no event are his intentions currently unknown to her, and issue of any kind.

The direct answer to "How do they prove intent?" is simply that they don't. It's not an issue AFTER entry. If she were to present herself for entry and the CBP officer got the impression she intended to stay instead of just visit, she would be denied entry based on nothing more that suspicion. "Proof" has nothing to do with it. Sounds like a non-issue to me for this person.

[eoo0001 0]

Hey, sorry for the late reply to this, but I'm just coming across a similar situation. So, from what it seems, the only time "proof of intent to immigrate" would only be an issue is upon entry into the country? Would this not be something to come up during the adjustment of status/bona fide marriage interview?