Most challenging visa quiery to date!!? Please help!!

[lost_at_sea 995]

My apologies, my lovely lawyer told me different when we were searching for easiest ways to marry.

My apologies, my lovely lawyer told me different when we were searching for easiest ways to marry.

Lovely and inaccurate.

[canusa920 11]

What does this mean?

Why would you do either of these things unintentionally?

Do you mean, get married intending to stay and adjust status? In other words, you can intend on getting married, just not intend on getting married and adjusting status.

That's what my lawyer said Justine/David

[Ketsuban 1,034]

Heck, if marrying on a visit was illegal then half the CR/IR-1s on here would be totally invalid.

[Justine+David 218]

That's what my lawyer said Justine/David

That was a different poster...I didn't write that.

If I wasn't clear, here it is: The idea of adjusting status while on a tourist visa without consequence is supposed to work like this: Two people are in the country together with no intentions of adjusting status. Maybe they planned to get married, maybe not. But they end up getting married and go, "Hmm...what should I do now?" having never researched the process and now figuring out that they can now adjust status without consequence.

Truth be told, this scenario happens a lot (in the UK, this loophole is closed now) and who's to say what your "intentions" were, so I'm sure a lot of people do this intentionally all the time and get through it all the time without issue. Why take the risk though?

[canusa920 11]

That was a different poster...I didn't write that.

If I wasn't clear, here it is: The idea of adjusting status while on a tourist visa without consequence is supposed to work like this: Two people are in the country together with no intentions of adjusting status. Maybe they planned to get married, maybe not. But they end up getting married and go, "Hmm...what should I do now?" having never researched the process and now figuring out that they can now adjust status without consequence.

Truth be told, this scenario happens a lot (in the UK, this loophole is closed now) and who's to say what your "intentions" were, so I'm sure a lot of people do this intentionally all the time and get through it all the time without issue. Why take the risk though?

Regardless of who posted what, I agree. No point risk it. Do things the proper way.

[Kaylara 814]

Yeah, my husband was on a tourist visa when we got married. Then we went back to the Netherlands, because we had no intention of living in the US at that point in time.

[daniel2013 0]

Thank you all so much for your advice!

But, perhaps inevitably, I have some follow up questions for clarification.

Firstly my criminal conviction does not fall under the Adam Walsh law, so hopefully that shouldn't become a problem.

Secondly, my parents have an old friend living in the States who is in a very solid financial position and would probably help us by being a sponsor if we asked. They are wealthy, but I believe they are retired and not actually earning over 125% of the poverty level at this point in time, will this be a problem?

I guess my other main question is: based on other peoples experience, is it easier/more likely to be successful to apply for a fiance visa or a spouse visa? I am visiting my fiance in a couple of months and we could quite easily tie the knot on my return to Europe, rather than waiting to do it in the States and then simply apply for the spouse visa.

If that is the case, it seems as though the correct order of this application process would be:

I would fill out a I-130 petition for alien relative form

when we have a visa number,

both myself and our friend (the joint sponsor) would file I-864 affidavit of support forms

Or is it the other way around?

Please correct me if i am wrong. Essentially we would like to be together asap, would this route of applying for a spouse visa mean that we have to wait for the end of the process before she can come here? (assuming its successful!). Would applying for a fiance visa bring us together sooner?

Thanks again,

Daniel.

[Darnell 8,478]

They are wealthy, but I believe they are retired and not actually earning over 125% of the poverty level at this point in time, will this be a problem?

Yup, they shift to showing assets. Study the I-864 and the instructions for how to show assets.

[MacUK 983]

Forgive my ignorance please, I've never crossed from Canada to US but do they not ask the same questions as for entering via air?

If so, when they ask if she's ever been denied a visa how did she answer?