tourist visa to k3?

[aussiewench 9]

What is said was that I doubt that anyone could prove non immigrant intent in this guy's situation.

If you have seen this many times, then provide a link to prove it!!!

Anyone who enters the US legally can file to AOS, weather they get an interview and approval for that AOS is another thing.

I DID read what you had written. Being married and how long one has been married for has NOTHING to do with whether or not they will be approved when adjusting status. Situations change. As an added, even having a petition in process already (which clearly has immigrant intent) has NOTHING to do with someone being approved or not when adjusting status. Plenty of situations on this board and others of people who have successfully adjusted status under these circumstances. What it has everything to do with is the INTENT on entry. The marriage itself means zip.

shamgod

Again, I say.....obtain a consult with an immigration attorney to discuss with them all the circumstances of your case. This does not mean you have to retain the attorney to handle your case if you don't wish to.

Edited December 23, 2006 by aussiewench

[nathmc31 0]

What is said was that I doubt that anyone could prove non immigrant intent in this guy's situation.

If you have seen this many times, then provide a link to prove it!!!

Anyone who enters the US legally can file to AOS, weather they get an interview and approval for that AOS is another thing.

I DID read what you had written. Being married and how long one has been married for has NOTHING to do with whether or not they will be approved when adjusting status. Situations change. As an added, even having a petition in process already (which clearly has immigrant intent) has NOTHING to do with someone being approved or not when adjusting status. Plenty of situations on this board and others of people who have successfully adjusted status under these circumstances. What it has everything to do with is the INTENT on entry. The marriage itself means zip.

shamgod

Again, I say.....obtain a consult with an immigration attorney to discuss with them all the circumstances of your case. This does not mean you have to retain the attorney to handle your case if you don't wish to.

Being married for 7 years and coming over on vacations previously then all of a sudden, 'WOW we should stay what a good Idea' wont wash. Why do you think they have K3 visa's. If being married didnt mean squat then K3 wouldnt exsist, everyone would just rock up and AOS.

People on this board and other boards have successfully done this because they were married AFTER ENTRY. As I said prove it with a link and I will shut up.

Married couples coming over on tourist visa's must prove that they have no intention to immigrate, why would a married couple married for 7 years go on vacation to the US and decide after spending 7 years overseas, stay because the schools were better, leave all their ties that legally must still be back there, (so they can prove no intent to immigrate). Dont you think that immigrant intent is what was planned???? It sure looks that way.

Everyone wants to skip the visa process, but its there and must be respected.

[aussiewench 9]

What is said was that I doubt that anyone could prove non immigrant intent in this guy's situation.

If you have seen this many times, then provide a link to prove it!!!

Anyone who enters the US legally can file to AOS, weather they get an interview and approval for that AOS is another thing.

I DID read what you had written. Being married and how long one has been married for has NOTHING to do with whether or not they will be approved when adjusting status. Situations change. As an added, even having a petition in process already (which clearly has immigrant intent) has NOTHING to do with someone being approved or not when adjusting status. Plenty of situations on this board and others of people who have successfully adjusted status under these circumstances. What it has everything to do with is the INTENT on entry. The marriage itself means zip.

shamgod

Again, I say.....obtain a consult with an immigration attorney to discuss with them all the circumstances of your case. This does not mean you have to retain the attorney to handle your case if you don't wish to.

Being married for 7 years and coming over on vacations previously then all of a sudden, 'WOW we should stay what a good Idea' wont wash. Why do you think they have K3 visa's. If being married didnt mean squat then K3 wouldnt exsist, everyone would just rock up and AOS.

People on this board and other boards have successfully done this because they were married AFTER ENTRY. As I said prove it with a link and I will shut up.

Married couples coming over on tourist visa's must prove that they have no intention to immigrate, why would a married couple married for 7 years go on vacation to the US and decide after spending 7 years overseas, stay because the schools were better, leave all their ties that legally must still be back there, (so they can prove no intent to immigrate). Dont you think that immigrant intent is what was planned???? It sure looks that way.

Everyone wants to skip the visa process, but its there and must be respected.

INTENT INTENT INTENT........that is ALL that matters. I don't know how much clearer I can say that. Telling the OP that in your opinion he cannot adjust status successfully because he has been married 7 years is total BS. If you don't know what you are talking about why give someone a bum steer. It is TOTALLY dependent on their circumstances e.g. what happened at the POE on entry etc. The ONLY person that can tell them one way or the other is an immigration attorney after the OP discloses ALL relevant information to them.

It is not a matter of skipping the visa process either. These are the only legal ways that YOU know of. These are the only legal ways that many members on immigration boards know of. They are not the only legal ways. Not everyones circumstances are the same....period, hence why there ARE other options.

Edited December 24, 2006 by aussiewench

[Killer_Clown_2009 0]

There are people in here saying things like "you and your wife will have to prove that there was no intent to immigrate".

I've seen plenty of people post stories about their adjustment from a tourist visa and only ONCE have I seen anyone say that they were questioned in ANYWAY about their intent on entry.

People MAY (not will) have to prove that they did not intend to immigrate when they entered the US on a tourist visa and then adjusted status from within the US based on their marriage.

[Killer_Clown_2009 0]

What is said was that I doubt that anyone could prove non immigrant intent in this guy's situation.

If you have seen this many times, then provide a link to prove it!!!

Anyone who enters the US legally can file to AOS, weather they get an interview and approval for that AOS is another thing.

Nath,

She was given a tourist visa and allowed to enter the US. My take on it - at that point a decision had been made that there was NO intent to immigrate, otherwise she would have been denied entry. That seems pretty logical.

Edited December 24, 2006 by jane2005

[shamgod 0]

What is said was that I doubt that anyone could prove non immigrant intent in this guy's situation.

If you have seen this many times, then provide a link to prove it!!!

Anyone who enters the US legally can file to AOS, weather they get an interview and approval for that AOS is another thing.

Nath,

She was given a tourist visa and allowed to enter the US. My take on it - at that point a decision had been made that there was NO intent to immigrate, otherwise she would have been denied entry. That seems pretty logical.

actually that does sound logical. A 6 month visa stamp argues that the state dept is already satisfied there is no intent to immigrate. For them to do a 180 and accuse us of a pre-existing intent to immigrate means there was fraud and subject us to severe consequences.

There seems to be an implication in this discussion that B-1 visas somehow don't count as REAL visas. Anyone whose tried to get a tourist visa at the embassy in Manila knows this isn't the case. The turn down rate from my observation is about 95%.

I don't know why our government can't create a concise and clear set of rules and procedures and then ABIDE by them dutifully. Instead they give discretion to low level clerks in interpreting vague and incomplete guidelines. The EU and Canada don't do it that way. There shouldn't be a need for immigration lawyers. But since immigration has become a mystical vodoo science, I think they've become essential.

[nathmc31 0]

Ok everyone, im coming across as a no it all. I dont know it all. lets start with that.

Ok, My personal opinion is that if your married and can prove that it is a legit marriage then you should be able to automaticlly be given permenant residence. But my opinion dosent mean sh*it.

I hope that they are able to AOS, I really do. All im saying is that from what he said, weather or not they proved that there intention wasnt to immigrate, we all know that it was. Come on people, lets get real. I thought about doing the same thing. No one wants to wait in a fvcking stupid line for six months so we all can be living as happy as pigs in sh*t with our loved ones.

Im on your side everyone, thats why I wont contribute to immigrate2us.net and all those other sites. I like this one and all the people on it.

I wasnt personally attacking the OP personally, it was just my opinion.

Peace

[Killer_Clown_2009 0]

Lol Nath,

You have a great point. I just happen to believe that this couple had NO intent to immigrate (based on their circumstance). I find their story much more believable than someone who comes in pretending to know nothing about the immigration process and talks of intent and "spontaneous marriage"...etc ... etc.....

[shamgod 0]

I hope that they are able to AOS, I really do. All im saying is that from what he said, weather or not they proved that there intention wasnt to immigrate, we all know that it was. Come on people, lets get real. I thought about doing the same thing. No one wants to wait in a fvcking stupid line for six months so we all can be living as happy as pigs in sh*t with our loved ones.

Peace

You're cynical to think that.

Believe it or not, circumstances in people's lives do change. You shouldn't presume to know what's in people's hearts and minds--actually we're not totally sure ourselves what we're going to do--we like living in the Philippines a lot. Next time I need to know what I'm thinking I'll be sure to contact you so you can tell me.

Edited December 24, 2006 by shamgod

[nathmc31 0]

I hope that they are able to AOS, I really do. All im saying is that from what he said, weather or not they proved that there intention wasnt to immigrate, we all know that it was. Come on people, lets get real. I thought about doing the same thing. No one wants to wait in a fvcking stupid line for six months so we all can be living as happy as pigs in sh*t with our loved ones.

Peace

You're cynical to think that.

Believe it or not, circumstances in people's lives do change. You shouldn't presume to know what's in people's hearts and minds--actually we're not totally sure ourselves what we're going to do--we like living in the Philippines a lot. Next time I need to know what I'm thinking I'll be sure to contact you so you can tell me.

ha ha ha, you may say im cynical but thats my opinion, its not personal, I would say the same about anyone. Good luck either way you go.

[Yodrak 7]

B,

Yes, it makes a difference that she's already in the USA as a visitor.

Take aussie wench's advice to have a consultation with an immigration attorney who has had experience with such cases to discuss the specific facts of your wife's situation. This is not a situation for which you can get good advice from an internet forum, as is evidenced by most of the posts in this thread.

Yodrak

I'm a US Citizen married for 7 years to a Filipino. We

're in the states right now on a tourist Visa. What

is the easiest way to adjust her status so she can work? k3 visa?

Does it make any difference that she's already IN the states as a visitor?

B

Edited December 26, 2006 by Yodrak