Getting married on a Tourist Visa while waiting on I-129f & adjusting status

[Ontarkie 14,420]

~~Duplicate threads merged, please do not make multiple threads for the same or similar topic~~

[Ketsuban 1,034]

Even if pre-conceived intent cannot be used alone to deny a visa, it's not beyond an IO's capability to just say they suspect fraud, even if there isn't any. They have such a wide berth as to what they can do, that if they even hate your hairstyle, they can technically deny your AOS and just say it's because your relationship is fraudulent. Hopefully that has never happened, but that is just how much discretion they have, even if you are theoretically being legal.

Why go through all that when you can just enjoy your 6 months, then have her go back home briefly for interview, then come back on the K-1? You really would not be apart that long given the speed of approval for K-1 recently.

Edited March 21, 2014 by Ketsuban

[Shenzhen 34]

FRAUD any language, I hope they do it and she get's a life time ban.

I tried to get my wife's sister a tourist visa, so she could help her with the new baby. Just 2 of us no help from anyone. She was denied a real legitimate tourist visa. Then I read stuff like this on here just infuriates me. USCIS will punish them severely if they go ahead and trick them.

[Ketsuban 1,034]

I can't edit my post above, but when I said "deny a visa" at the beginning, I meant "deny AOS".

[rade2rising 205]

Get married and AOS

This is a silly question.

[Gwapo1ako 14]

My fiance was approved for 6 months on her Tourist Visa to visit me in the U.S. while our I-129f petition processes. I've been reading up on waiting times after petitions are approved and the rest of the processing is done and quite frankly I'm afraid of having to wait again for an extended period of time for everything else to process (medical, interview, passport with visa in hand again, etc). I am asking around on this site for any suggestions and worst case scenarios if we were to just skip the formalities of the Fiance visa (although check cashed & processing), get married and then I believe the next step would be an adjustment of status??

I'd appreciate any helpful input.

Did you think about adjusting status before she came to the US?

[elgringo954 7]

Yes I understand & see everyone's point of view and my decision is far from being made up since my petition was just accepted mid Feb 2014. My only concern was the time period that we have to wait again and having to surrender her passport for the fiance visa and that she has to stay there for an undetermined period of time before coming to our home again. I wrote the embassy asking for an estimated turn around time upon presenting medical records, documents and the interview, and obtaining the visa in our hands again but they did not provide me with one. My intentions were/are to travel back with her and coordinate all necessary baby steps for the visa and then return in a week but there's no guarantee that that's possible.

[Gwapo1ako 14]

Exactly. They were given something that few have been able to obtain, yet they promptly demonstrated why that was a mistake. She was given a visa, basothers doubt on all sorts of promises and assurances given by both her and her ethically challenged American fiancée; she was admitted to the US, for six months, long enough to wait out the process in the US and then having to return to her country for 2-4 weeks to finish the paperwork, etc, and then return. But no, that was not enough. They wanted even more, and apparently don't seem to care about the traill they have left behind for others to follow with far less success.

That's why (as many of you know) I have no tolerance for these 'mind changes', and I don't buy anyone's story about how they 'really had no intention of marrying, doing the AOS, etc....'....it's just too convenient.

I find this particular case, as well as the one of my former employee, to be even more despicable. Imagine how these two stood in front of the VO, wringing their hands, giving out all sorts of empty promises and assurances, somehow managing to convince the VO of their alleged intentions....guess what will happen to the next 50 or so young women from that country who try the same thing.

The AOS papers will be hung on the wall inside the consular section, as a blunt reminder why one should not fall prey to phony promises. Let them do the K1 and however long it takes, that's just the way it is.

Fiance is blessed to have six months to spend time with fiance IN THE US, which is more than a lot of people on this site can ever get.... and they want more and take advantage of the system thus putting others after them under more scrutiny about their immigration intentions.

Edited March 22, 2014 by Gwapo1ako

[Soul Mates 44]

K1s seem to go fast right now but even with my petition's speed, I filed early Feb and he had the passport with the visa mid October. If your petition was the same speed you would have 2-3 months apart. That really isn't much time apart and many would be grateful for such a short time period. Be thankful she even got the tourist visa and 6 month stay and continue with K1. I was in a similar position but I didn't finish the petition and file it until 2 months out of the 6 passed. He went home, tied up his loose ends in his home country, & got K1. It's a big relief to know we didn't AOS from tourist visa, especially hearing some of the stories here. I don't need extra stress or a horrible interview/more scrutiny/being at the mercy of IO. Good luck.

[No name 88 48]

Why do so many people judge the AOS process so harshly? If your strong that's great for you but some people can't handle being separated from their loved ones. Some of these people have kids. One guy on here was posting that he's been thinking about suicide because he's separated from his spouse. The story of Romeo and Juliet is about two people in love that because of societal norms couldn't be together. I'm sure everyone here felt deeply saddened at the end. We are all Romeo and Juliet. Use Titanic or Avatar if you like those better instead. People sing songs, write books and make movies about you!

Food for thought.

64 million foreign tourists visited the US in 2011. Roughly half arrived on a the B2 visa. That's 90,000 visa approvals a day. So a B2 visa is not as uncommon as people make it out to be. This also means that almost everyone that arrives on the B2 visa does in fact leave the US when required. In 2011 there were 30,000 AOS approvals as compared to 400,000 CR1/K1 approvals. In the big picture AOS is small potatoes and USCIS/CPB are doing an amazing job.

Those that complain that they won't get approved for a B2 because they have an I-129f or I-130 on file did you even try to get a B2 visa? If you applied from a visa wavier country I can't imagine why you would be separated. Is it fear of being turn around at POE? I see a lot of Canadians getting denied entry but I believe those numbers are skewed. 18 million Canadians visited in 2011; I can only find a few hundred cases of entry denial for Canadians in the same time period. Statics are on your side for being allowed entry. Everyone posts a bad experience; how many don't post when everything went fine?

I've also seen a lot of posts that I know from first hand experience is false. An example is you can't attend the B2 with your spouse/fiancee; the answer is sometimes. Another is can you assist your spouse/fiancee with getting a B2 visa; the answer is also sometimes.

The OP of this thread and myself were both allowed to go to the interview for the B2. In my case the wife came out with an invite after the CO learned I was standing outside. The CO asked my wife a few questions and approved the application after asking me questions; so yes I assisted the wife's approval. It makes complete logical sense that you would help your spouse/fiancee through the B2. It would be weird if you didn't. I didn't volunteer information and I didn't provide any false information.

I would love to know the approval statics for all visa classes with spouse/fiancee present vs spouse/fiancee not present at the interview. I think the numbers would be shockingly lopsided in favor of being together at the interview.

[Tosh Love 77]

This also means that almost everyone that arrives on the B2 visa does in fact leave the US when required.

[gwenstar 66]

Why do so many people judge the AOS process so harshly? If your strong that's great for you but some people can't handle being separated from their loved ones. Some of these people have kids. One guy on here was posting that he's been thinking about suicide because he's separated from his spouse. The story of Romeo and Juliet is about two people in love that because of societal norms couldn't be together. I'm sure everyone here felt deeply saddened at the end. We are all Romeo and Juliet. Use Titanic or Avatar if you like those better instead. People sing songs, write books and make movies about you!

.

People judge harshly because we ALL hate being away from our loved ones and it's frustrating and time consuming and it hurts..... For everyone, not just * some * people.

Honestly - I wish my situation had been easier and maybe we had made choices in a different way that made it possible for AOS while my husband was in the states. He is Canadian and he could come here anytime and stay.... We chose to go with the Cr1 process. That in no way is to say either route is better or more "right" than another. We just happened to pick that path and then there is the old saying.... Grass is always greener. I hate that we have been apart for so long and will for some more time.

My eyes have been opened as to why there are changes that need to be made to our system so that people aren't separated for so long and don't have to skirt around the law just to be with loved ones. My path didn't follow the path that OP is on.... Sometimes I wish I had been in that path. You betcha we had talks about him just coming to visit and and the stay. However, I am happy with the way we are doing our visa because I don't have to stress or worry about getting approved and for our situation it is what we are comfortable with.

That being said, legally you can choose to AOS, there are going to be questions because the k-1 was already filed. However it seems highly unlikely she would be removed/revoked a visa based in what OP said in that it seems to be a bonafide relationship. Very hard to go back in time and prove someone did not enter with true intentions, especially when there is more proof of a genuine relationship.

If I were in OPs situation I would do whatever I could do legally to not be separated from my love -

While I don't think it's "fair" - I don't make the rules.

But on VJ there tends to be very polarized views.

Good luck on whatever route you choose. It's good you are looking into the options you have and are trying to find the best route for your own situation.

Edited March 22, 2014 by gwenstar

[No name 88 48]

This also means that almost everyone that arrives on the B2 visa does in fact leave the US when required.

B1/B2 over stay is currently 2.7% according to public record; half voluntarily go home after 5 years. The problem is exaggerated by politicians and the media. Most of the 12 million illegal aliens in the US just walked across the southern boarder.

Although it is important to note that the percentage varies by country. For example 54% of B2 visa holders from Nigeria overstay their visa.

[Asia 2,499]

B1/B2 over stay is currently 2.7% according to public record;

But does this number include all the AOSing from B1/B2, or just the overstaying?

[No name 88 48]

But does this number include all the AOSing from B1/B2, or just the overstaying?

If you filed an AOS you didn't overstay. If you run the numbers assuming the public record is correct only 0.001% of B1/B2 visa holders file an AOS each year. There's a better chance of a tourist getting hit by lighting than adjusting status.