Israeli Wife came over on Tourist Visa, we married, now what ?

[tuesday03 0]

Hello --

A little help here please !

I researched this, but now I'm worried I might have overlooked something.

I've been dating my wife for the last 6 years almost ... she is been flying back and forth from Israeli, and I just got tired of it.

About a month ago (3 months after she entered the USA on a TOURIST VISA -- her visa is for 6 months), I proposed to her. It was a surprise, there was no intent to get marry when she came over here. It was a decision I made out of the blue, tired of her going back and forth.

I surprised her, took her to Vegas, her friends (she had stayed in L.A. for quite a while before and had many friends) surprised her in Vegas for the wedding. We got married in a small chapel, it was very beautiful (we have many photos).

We just got back from the trip, and now we are sitting down tonight to file the Adjustment of Status papers.

However I read on this site, that you might be required to have a WAIVER if she came over on the J-1 visa.

I read on other site that it wouldn't be a problem to apply for Adjustment of Status if she came over on a tourist visa . . . that the only thing we would have to prove is that she had no intent to get married (which she didnt) and that we were married at least 2 months after she entered the country to avoid this (we married 3 months after she entered).

I know it is recommended for her to fly back to Israel, but we would like to spend Christmas together, and then we are going to the Sundance Film Festival, so I'm hoping she can just stay here. Her family is bringing the rest of her belongings, etc ... so there's no real reason for her to come.

Will we run into any problems if we file for an Adjustment of Status ? If it matters, we live in New York City, and will be filing in Manhattan.

Any help would be greatly appreciated.

[Dr_LHA 3]

Your story needs to be set straight here. Why are you worried about J-1 if she came on a Tourist visa? Did she have a J-1 at some point and not fulfill the 2 year requirement?

If she never had a J-1 then you're set. You need to file I-130 and I-485 concurrently, along with any applications for EAD and AOS you might need. She also needs to get a medical done which should be included in the packet.

Read the guides linked above for a full run down of what you need to do. BTW - you will not be filing in Manhatten, you will be filing by mail to the Chicago Lockbox like everyone else. You may be interviewed in Manhatten though.

Edited December 5, 2006 by dr_lha

[tuesday03 0]

oops ... no she never had a J1 ... i was confused. i thought that was the technical term for the Tourist visa! she came over only on a tourist visa.

editing my original post .... wait a sec ... i can edit this post, but not the original?

Edited December 5, 2006 by tuesday03

[Dr_LHA 3]

No a J-1 is a specific type of exchange worker visa, and a specific clause of that J-1 can stop someone getting AOS. You don't have to worry about this.

Basically, read this:

http://www.visajourney.com/forums/index.ph...page=i130guide2

Oh and ignore the bit in the "Be Warned" section about how your spouse must return home and get a visa.

Edited December 5, 2006 by dr_lha

[tuesday03 0]

yes reading that is what scared me. specifically this part:

<<If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.>>

Does she really need to return home? or can she stay here & apply ?

[no name 1]

yes reading that is what scared me. specifically this part:

<<If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.>>

Does she really need to return home? or can she stay here & apply ?

You said there was NO INTENT TO MARRY, so it SHOULD be fine.

http://www.visajourney.com/faq/k1faq.htm

http://www.visajourney.com/forums/index.ph...amp;page=guides

If you're not comfortable with it all, get a lawyer. But if your case is straightforward, you should be OK.

Edited December 5, 2006 by devilette

[Dr_LHA 3]

yes reading that is what scared me. specifically this part:

<<If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.>>

Does she really need to return home? or can she stay here & apply ?

I edited my post telling you to ignore that bit if you read again!

It sounds like your marriage was impromptu, i.e. when she arrived in the country, she wasn't expecting to get married. You may be asked about this, so you should try to get some proof that your marriage wasn't planned. Otherwise, you'll be fine.

[tuesday03 0]

ah i see ...

okay great .... i mean when she purchased her ticket, it was round trip ... i wonder if this is enough evidence ? i also have photos from when i proposed to her (i proposed at a restaurant and had a suprise party afterward with her friends) and photos from the suprise party as well ....

hmmm ... i'm trying to think of other proof ... i don't want this to be an obstacle.

[Dr_LHA 3]

ah i see ...

okay great .... i mean when she purchased her ticket, it was round trip ... i wonder if this is enough evidence

That's the sort of evidence you need, yes.

? i also have photos from when i proposed to her (i proposed at a restaurant and had a suprise party afterward with her friends) and photos from the suprise party as well ....

Sounds good also.

hmmm ... i'm trying to think of other proof ... i don't want this to be an obstacle.

I think you're safe.

[no name 1]

OP-

Be aware that being a longterm GF, and knowing taht when she enetered the US, you MAY encounter issues. I know it may be a more delicate issue because she is Israeli as well. I don't know, I'm only guessing. I did have a NYC friend who married his Israeli GF, & they had some GC issues.

[Yodrak 7]

tuesday,

You may run into trouble, you may not. Some people do, many do not.

A prudent person would have a consultation with an immigration attorney to review all the facts of their situation and get some advice as to what to say, how to say it, and what to not say.

A round-trip ticket proves nothing, especially since they are often less expensive than one-way tickets.

Yodrak

Hello --

A little help here please !

I researched this, but now I'm worried I might have overlooked something.

I've been dating my wife for the last 6 years almost ... she is been flying back and forth from Israeli, and I just got tired of it.

About a month ago (3 months after she entered the USA on a TOURIST VISA -- her visa is for 6 months), I proposed to her. It was a surprise, there was no intent to get marry when she came over here. It was a decision I made out of the blue, tired of her going back and forth.

I surprised her, took her to Vegas, her friends (she had stayed in L.A. for quite a while before and had many friends) surprised her in Vegas for the wedding. We got married in a small chapel, it was very beautiful (we have many photos).

We just got back from the trip, and now we are sitting down tonight to file the Adjustment of Status papers.

However I read on this site, that you might be required to have a WAIVER if she came over on the J-1 visa.

I read on other site that it wouldn't be a problem to apply for Adjustment of Status if she came over on a tourist visa . . . that the only thing we would have to prove is that she had no intent to get married (which she didnt) and that we were married at least 2 months after she entered the country to avoid this (we married 3 months after she entered).

I know it is recommended for her to fly back to Israel, but we would like to spend Christmas together, and then we are going to the Sundance Film Festival, so I'm hoping she can just stay here. Her family is bringing the rest of her belongings, etc ... so there's no real reason for her to come.

Will we run into any problems if we file for an Adjustment of Status ? If it matters, we live in New York City, and will be filing in Manhattan.

Any help would be greatly appreciated.

[John & Annie 0]

The advice is very good thus far.

If you have emails or invites that were sent out after she arrived to prove that this was not fraud, it may or may not help.

just a thought

[akdiver 3]

You can easily solve all your problems. Just send your wife back to Israel. Afterall, when she came here in the first place, you were both planning on her going back, right? Well, once she is back in Israel, file for the appropriate immigrant visa. That way, intent to defraud by misusing a visa really doesn't play into things. Good luck.

Cheers!

AKDiver

[Killer_Clown_2009 0]

I would just complete and submit an I-130/I-485. If they require any proof of her intent to return home (and not stay in the US), then they will ask for it. If they don't ask for it or about her intent, you really don't need to volunteer that information. Chances are that it won't be an issue and if it is, then you can provide whatever documentation you have at that time.

[shamgod 0]

I'm in the same boat except we were already married when we arrived in the states, I'm a USC and she's on a tourist. I don't see how it's possible to prove we did NOT have the intent to stay long term/immigrate upon arrival in the states.

send you fiance or my wife back to their homelands seems like a bad idea because it'd probably be for several months and in the mean time you'd be separated. I doubt they'd allow you a 48 hour turnaround.