friend here on tourist visa, wants to marry

[Harpa Timsah 13,258]

A is "An immigrant petition giving me an immediately available immigrant visa number that has been approved."

She wouldn't have any such petition or approval with a tourist visa, right?

That's the I-130 part. Read through the parentheses.

[aussie_jason 195]

A is "An immigrant petition giving me an immediately available immigrant visa number that has been approved."

She wouldn't have any such petition or approval with a tourist visa, right?

That is what the I-130 petition the USC will file at the same time for her will provide

[Selah 1]

As Harpa and Aussie pointed out that your friend would be filing I-130 as well. Has your friend read the guide on VJ? If not I would suggest that they read it over a couple times. Make sure they understand what is needed to file.

[Virtuous45 31]

I'm reading all the posts /comments, and I'm questioning myself whether I made the "right" decision to marry my husband in my homeland, sending him home to file the I-130, which as far I know (and from what I've read on here) is the correct thing to do after marriage. Since being on VJ, I've learnt so much about following the immigration process in order to be united with my husband legally. I was with my boyfriend in the US last year before we got married and could have "gotten married" since that was not my intention to do while on my Tourist Visa. But we parted company going back to our respective homeland to plan our wedding, and suffer the pain of being apart.

Now I'm reading that an AOS can be done while in the US "if you happen to be there and gotten married" although you had no "intention" of doing so. I'm kicking myself now for not choosing that route. Rather than being stuck in my country waiting for my husband to file the I-130, which will take approximately 8-12 months before we are finally are reunited....dratzz!!

C'mon experts, I think the true "facts" disseminated to the users on what is the right thing to do should be the same. Sometimes there are many mixed advice given to persons who seek advice.

[aussie_jason 195]

Now I'm reading that an AOS can be done while in the US "if you happen to be there and gotten married" although you had no "intention" of doing so. I'm kicking myself now for not choosing that route. Rather than being stuck in my country waiting for my husband to file the I-130, which will take approximately 8-12 months before we are finally are reunited....dratzz!!

What you chose to do is the way a lot of us feel is how it should be done but unfortunately the system is setup for abuse at the moment and intent alone can not be used to deny an AOS so kudos to you for doing the right thing!

Edited February 10, 2014 by aussie_jason

[Boiler 46,176]

People can have zero intent to get married/immigrate initially and change their mind after they have entered the US. If this was truly the situation then your friend is free and clear to remain in the US and file AOS after they are married. However they may be subjected to close scrutiny at the interview. Having proof of intent to return/change in circumstances always helps).

The entire situation is hinged on the intent of the visitor at the point of entry.

For those that did have the intent to immigrate at POE, lied about it when directly asked by the IO if they plan to get married or other such direct questions and then filed for AOS, can be subject to a misrepresentation (fraud) charge and that would require a waiver if the AOS is denied on those grounds.

Some have intent at POE and because the IO at the point of entry never asked them any direct questions they actually get away with it, file for AOS and get their green card without issue. People abuse the system without a doubt but I'm not about to get into that. This issue has been debated to death on VJ...

As you already know, your friend also has the option of returning to her home country before her visitor visa expires and have her now fiancé file for a K-1 visa.

If they do get married, she can still return home and her husband can file for a CR-1 visa. The deal is that she cannot live with him in the US until she obtains the visa.

So read the guide 100% as many have already suggested and your friend will need to decide what is the best course of action. You can suggest them to get a consult with an immigration lawyer or better yet a legal advocacy organization.

Not a good idea to pontificate when you have no knowledge.

BE WARNED:

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

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.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

Which part in the warning should be removed?

All of it?

there is no appeal if denied on AOS from a tourist visa

Not so.

[aussie_jason 195]

All of it?

Agreed, maybe except for getting married outside of the US, I'm unclear on that process.

[Boiler 46,176]

Well I did read somewhere about a 30/60-day rule? If someone gets married prior to being in the country 30 days on a tourist visa they are suspected of fraud, whereas if they get married after 60 days it's seen as more legit. Not sure I have the numbers right, but that was the general idea. She arrived around November 13th, so I'd say she might be given more leeway having been here 3 months (if that "rule" is true to begin with).

No such rule, wives tale.

[zed2283 1]

That's the I-130 part. Read through the parentheses.

That is what the I-130 petition the USC will file at the same time for her will provide

Ok... I see how it reads now. I did read through it but I guess I didn't get it the first two times.

As Harpa and Aussie pointed out that your friend would be filing I-130 as well. Has your friend read the guide on VJ? If not I would suggest that they read it over a couple times. Make sure they understand what is needed to file.

I did send her to VJ right off the bat, but her English is not that great and so she came back to me asking for help. I can barely follow the website myself and English is my first language, so I can't blame her for being overwhelmed by the site.

[kathylevine 0]

Well, first off. If she wants to get married in order to stay in the US with her boyfriend rather than going back to her country, she needs to do it before her i-94 expires. Even though, people say there's no such a 30/60 days rule, inmmigration officers would still think it's fraud is she comes on a tourist visa and gets married after 2 and half months.So, that can be tricky. As you were reading the warning where you thought nobody can get married on a tourist visa, then how come when you file theres an option to write your visa type and it says B2? Someone can definitely marry under a tourist visa, file the i-130 and I- 485 form,

but when it comes the time for the interview. thats the moment of truth. They wanna know if the marriage is bonafide and is truly genuine, they want to see evidence. That's all they want.

[aussie_jason 195]

Well, first off. If she wants to get married in order to stay in the US with her boyfriend rather than going back to her country, she needs to do it before her i-94 expires.

Not true, over stays are forgiven when AOS via marriage to a USC, however she is in limbo until she does file and at risk of being detained by ICE but it doesn't prevent her from filing for AOS.

[Terry J 50]

Not a good idea to pontificate when you have no knowledge.

All of it?

Not so.

Boiler - Who are you to decide that I have no knowledge? Stop insulting people you don't even know.

[kathylevine 0]

Not true, over stays are forgiven when AOS via marriage to a USC, however she is in limbo until she does file and at risk of being detained by ICE but it doesn't prevent her from filing for AOS.

Well, you said it yourself, she can do it even with the expired i-94, but shes in limbo. That's a risk she might not want to take

[Ban Hammer 13,590]

about 8 posts removed that add nothing beneficial to answer the op's question.
only post if you have something beneficial to add.

two members thread banned and additional admin action taken.

Edited February 10, 2014 by charles!

[EM_Vandaveer 2,417]

Just chiming in on the 30/60/90 rule. As you can see from my timeline, it's bogus. And before someone ask, I had no intent to stay past my 90 days at the time of POE. I was clueless about US immigration other than I was eligible for VWP and that would give me 90 days' stay. I won't say MARRIAGE didn't cross our minds, it did,but we planned to visit my family in Hungary when the 90 days were up. As we started researching immigration we realized that if I left I could only come back on an immigrant visa which would take long to get, so decided not to leave but file for AOS. Intent never came up at the interview. Oh, and we had a whirlwind romance, we got married less than 2 months after meeting. (We met in a third country, not the US, nor my home country.) We did get asked about that. But it wasn't a problem, we just had to explain.