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lsufan39

Marriage on a Tourist Visa

By lsufan39 in Adjustment of Status from Work, Student, & Tourist Visas

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lsufan39 Newbie

lsufan39   0

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My girlfriend is here visiting on a tourist visa. We would like to go ahead and get married and apply for permenant status. We have talked to two different attorneys both in the San Diego area, both experienced immigration attorneys. One told us that we should wait until she has been here for 60 days and then get married and apply. The other told us to get maried right away and just put her address in Mexico on the marriage certificate. Everything I read says to wait until 60 days so they do not think that she came here just to get married. Who is right?

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arleygirl Apprentice

arleygirl   0

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Filed: AOS (apr) Country: Philippines
 Timeline
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My girlfriend is here visiting on a tourist visa. We would like to go ahead and get married and apply for permenant status. We have talked to two different attorneys both in the San Diego area, both experienced immigration attorneys. One told us that we should wait until she has been here for 60 days and then get married and apply. The other told us to get maried right away and just put her address in Mexico on the marriage certificate. Everything I read says to wait until 60 days so they do not think that she came here just to get married. Who is right?

Wait the 60 days or longer. My husband and I just went through this process. He was here on a B2 tourist Visa. We got married just 8 weeks before his I9 expired....submitted all our paperwork 3 weeks after getting married and we had NO problems! Take the time and plan a wedding, even if it's a small one. I think the fact that we had a real wedding, in a real church, with a real pastor, with real guests and real family members was a HUGE help. It definitely added legitimacy to our marriage.

AOS progress for my Filipino husband

Oct 06, 2012 - Married

Oct 30, 2012 (Day 0) - AOS Package (I-130 & I-485 w/EAD & Advanced Parole request) mailed to Chicago Lockbox

Nov 01, 2012 (Day 2) - AOS Package Delivered to PO Box

Nov 01, 2012 (Day 2) - AOS Package Signed for by D Colonnia

Nov 05, 2012 (Day 6) - Received 4 text messages & 4 e-mails to confirm receipt of paperwork

Nov 09, 2012 (Day 10) - Checks cashed

Nov 09, 2012 (Day 10) - Received NOAs in the mail.

Nov 16, 2012 (Day 17) - Received Biometrics appointment info.

Dec 01, 2012 (Day 32) - Completed walk-in biometrics.

Dec 31, 2012 (Day 62) - Received interview appointment info.

Jan 19, 2012 (Day 81) - Received EAD/AP Card.

Jan 31, 2013 (Day 93) - Interview

Feb 04, 2013 (Day 97) - Received Approval Letter

Feb 05, 2013 (Day 98) - Received Green Card!

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
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Moved from IR-1 CR-1 process to adjustment of status from tourist visas as the OP is not filing for a spousal visa and is wanting to apply directly for PR status while on a tourist visa.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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lsufan39 Newbie

lsufan39   0

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Wait the 60 days or longer. My husband and I just went through this process. He was here on a B2 tourist Visa. We got married just 8 weeks before his I9 expired....submitted all our paperwork 3 weeks after getting married and we had NO problems! Take the time and plan a wedding, even if it's a small one. I think the fact that we had a real wedding, in a real church, with a real pastor, with real guests and real family members was a HUGE help. It definitely added legitimacy to our marriage.

Thanks for your response. The one attorney said it was illegal to come here to get married on a tourist visa, if that is the case would it not look suspicious to take the time to plan a wedding?

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ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Thanks for your response. The one attorney said it was illegal to come here to get married on a tourist visa, if that is the case would it not look suspicious to take the time to plan a wedding?

The 30/60/90 day rule is very outdated information, it doesn't matter when you get married after you enter. Intent is not an issue when AOS'ing unless there are other serious negative factors, like misrepresentation. Also, that attorney is wrong. If it was illegal, they simply wouldn't allow it. What is illegal is entering the US on a non-immigrant visa with intent to immigrate (although once here, see previous point, it doesn't matter).

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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lsufan39 Newbie

lsufan39   0

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The 30/60/90 day rule is very outdated information, it doesn't matter when you get married after you enter. Intent is not an issue when AOS'ing unless there are other serious negative factors, like misrepresentation. Also, that attorney is wrong. If it was illegal, they simply wouldn't allow it. What is illegal is entering the US on a non-immigrant visa with intent to immigrate (although once here, see previous point, it doesn't matter).

Thanks for your post. Becuase I am hearing different things I would love to hear from others who are either attornys or who have gone through this process. Thanks.

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Penguin_ie Grand Master

Penguin_ie   5,992

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Filed: Citizen (apr) Country: Ireland
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It is not illegal to come to the USA and get married- lots of foreginers get married in Vegas every day! It is illegal to PLAN to immigrate on a tourist visa.

So basically if you planned to do this before she came, it is visa fraud and you should apply for a CR-1 spousal via for her instead. If you are in the USA and something changed (you got a job offer, she lost her job back home, you found out a family member is sick and want to stay to take care of them... whatever) then you can get married and Adjust Status, and it won;t matter when you do it or how big a wedding you have.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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lsufan39 Newbie

lsufan39   0

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It is not illegal to come to the USA and get married- lots of foreginers get married in Vegas every day! It is illegal to PLAN to immigrate on a tourist visa.

So basically if you planned to do this before she came, it is visa fraud and you should apply for a CR-1 spousal via for her instead. If you are in the USA and something changed (you got a job offer, she lost her job back home, you found out a family member is sick and want to stay to take care of them... whatever) then you can get married and Adjust Status, and it won;t matter when you do it or how big a wedding you have.

Thanks for your response.

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