Tourist Visa Marriage

[athena_ny 1]

I'm andwe_explode (don't know if you'll recognize it).

I personally wouldn't want to do it with a "just felt like it" excuse but who knows...

Hmm, so it sounds like, it'd be best to have a legitimate reason (and proof for those reasons) as to why the overstay occurred. I don't know if, "I just didn't want to go back" would suffice. Again, out of my realm on knowledge for sure.

*waves to another LJer*

I met my fiance on LJ!

Cass (bebop the great)

I wish I only knew about the K1. My husband overstayed due to a lawsuit over his father's death (preventable, FL state laws not enforced), and in one of the OP's commments he seems to think that if his fiancee can't get the K1, it's a legal way to do things, which it's not. Some people's interview experiences they have been questioned on why they overstayed, why they worked without authorization, in other people's, they've said it wasn't even mentioned. Probably depends on who interviews you.

PS I know you from LJ - loversfaraway and ldr_support

[Killer_Clown_2009 0]

It sounded to me that the girlfriend has already overstayed a couple years (on the tourist visa) and is currently in the US.

If it were me in that situation, I would get married and file for AOS from the tourist Visa. No point in going back home and having to deal with a bar to reentry due to the 2 year overstay.

That's just what I would do though, you might want to do something different, but it is an option.

[rebeccajo 14]

I thought that was for overstays PRIOR to the marriage. The OP is talking about an overstay after the marriage................

This makes no sense to me.........

[birdnbloke 0]

If you enter the USA on a tourist visa and you have no intention of remaining and then things change(marriage) you can file for AOS with no more risk than any other visa type who files for AOS... the only diffrence is you may be asked to show proof that you did indeed intend to return to your home country....

It is a accepted way of doing AOS and is in no way illegal or wrong as other on this and many other boards will have you belive... it all come down to your intent on entry... if you had it all planed to enter and then stay you would be commiting visa fraud... if you intended to return and then changed your mind after your entry then you can do AOS... a meeting with a good immigration lawyer is always a good thing to check your case over before filing...

There are many many people who have completed AOS from a tourist visa and are now Citizens...

Kez

[DelcoCouple 1]

This makes no sense to me.........

Overstaying or the post? (pulling leg)

I agree with you unless I am missing a very basic point then an overstay is an overstay regardless of the timing of a marriage. It is the application for AOS that triggers the commencement of the (hopefully) forgiveness of the overstay not the marriage itself. People are as far as I am aware still at risk of removal after marriage if they have not commenced an AOS application. If I am incorrect perhaps someone can let us know?

[rebeccajo 14]

This makes no sense to me.........

Overstaying or the post? (pulling leg)

I agree with you unless I am missing a very basic point then an overstay is an overstay regardless of the timing of a marriage. It is the application for AOS that triggers the commencement of the (hopefully) forgiveness of the overstay not the marriage itself. People are as far as I am aware still at risk of removal after marriage if they have not commenced an AOS application. If I am incorrect perhaps someone can let us know?

You know, I'm not certain that it matters.

I believe you're correct that the overstay ceases to toll with the NOA1 receipt date. BUT - and this is where I'm not 100% - at that point I don't think the length of the overstay really matters - meaning the overstay is forgiven by the marriage upon which the adjustment is founded.

I believes it's PREFERABLE to have less than 180 days accrue so that potential bars don't kick in. I really think it's violation of the original visa - if any - that causes overstay issues. And of course any Order for Voluntary Departure that may already be in place.

Am I talking in circles?

[birdnbloke 0]

I'm curious....why would anyone tell the interviewing officer after going through the process and expense of applying for AOS, etc., that they, in fact, DID intend on marrying while on a tourist VISA, knowing the consequences they would face?

Exactly how does one person prove another's intent unless they have physical evidence to show otherwise? I don't recall anything on the i-130 or i-485 forms that specifically ask how or when the couple met and if they discussed marriage specifically before or after the "visitor" arrived.

If it were illegal, they wouldn't allow people to proceed with the application for AOS would they?

[DelcoCouple 1]

......

Am I talking in circles?

Yes but blame it on Wes I gotcha however

[birdnbloke 0]

I'm curious....why would anyone tell the interviewing officer after going through the process and expense of applying for AOS, etc., that they, in fact, DID intend on marrying while on a tourist VISA, knowing the consequences they would face?

Exactly how does one person prove another's intent unless they have physical evidence to show otherwise? I don't recall anything on the i-130 or i-485 forms that specifically ask how or when the couple met and if they discussed marriage specifically before or after the "visitor" arrived.

If it were illegal, they wouldn't allow people to proceed with the application for AOS would they?

Edited January 19, 2007 by birdnbloke

[athena_ny 1]

I really think it's violation of the original visa - if any - that causes overstay issues. And of course any Order for Voluntary Departure that may already be in place.

Explain please...this confuses me.

[Miranda&James 8]

I'm curious....why would anyone tell the interviewing officer after going through the process and expense of applying for AOS, etc., that they, in fact, DID intend on marrying while on a tourist VISA, knowing the consequences they would face?

Exactly how does one person prove another's intent unless they have physical evidence to show otherwise? I don't recall anything on the i-130 or i-485 forms that specifically ask how or when the couple met and if they discussed marriage specifically before or after the "visitor" arrived.

If it were illegal, they wouldn't allow people to proceed with the application for AOS would they?

Well, one would assume they wouldn't. However, the OP was saying they would try for the K1 but if it started taking too long then they would just get married on a tourist visa (or, that's what I got out of it). Like I said in my earlier post, the fact that they applied for a K1 is hard proof that they intented to marry illegally when she came in on a tourist visa after applying for a legal K1.

[athena_ny 1]

That's what I got out of it too...and I agree.

I'm curious....why would anyone tell the interviewing officer after going through the process and expense of applying for AOS, etc., that they, in fact, DID intend on marrying while on a tourist VISA, knowing the consequences they would face?

Exactly how does one person prove another's intent unless they have physical evidence to show otherwise? I don't recall anything on the i-130 or i-485 forms that specifically ask how or when the couple met and if they discussed marriage specifically before or after the "visitor" arrived.

If it were illegal, they wouldn't allow people to proceed with the application for AOS would they?

Well, one would assume they wouldn't. However, the OP was saying they would try for the K1 but if it started taking too long then they would just get married on a tourist visa (or, that's what I got out of it). Like I said in my earlier post, the fact that they applied for a K1 is hard proof that they intented to marry illegally when she came in on a tourist visa after applying for a legal K1.

[Kez/JWolf 6]

I'm curious....why would anyone tell the interviewing officer after going through the process and expense of applying for AOS, etc., that they, in fact, DID intend on marrying while on a tourist VISA, knowing the consequences they would face?

Exactly how does one person prove another's intent unless they have physical evidence to show otherwise? I don't recall anything on the i-130 or i-485 forms that specifically ask how or when the couple met and if they discussed marriage specifically before or after the "visitor" arrived.

If it were illegal, they wouldn't allow people to proceed with the application for AOS would they?

Well, one would assume they wouldn't. However, the OP was saying they would try for the K1 but if it started taking too long then they would just get married on a tourist visa (or, that's what I got out of it). Like I said in my earlier post, the fact that they applied for a K1 is hard proof that they intented to marry illegally when she came in on a tourist visa after applying for a legal K1.

ChristinaM did exactly that she had filed for a K1 and then got married on a VWP.... she then withdrew the K1 and filed for AOS and like me she now has her greencard... so no having applied for a K1 is not proof that you intended to marry illegaly and remain....

Kez

[athena_ny 1]

The OP is talking about applying for a K1, then getting a tourist visa if it took too long. That leads one to believe that the fiancee is in Peru, or she'd already have some sort of visa to be here - why would they need a tourist visa if she was in this country? ChristinaM was already in the country and withdrew the K1 and filed for AOS (under the advisement of an attorney, I believe) (have been reading far too much, here)...different situation as far as I can tell from the original poster.

I'm curious....why would anyone tell the interviewing officer after going through the process and expense of applying for AOS, etc., that they, in fact, DID intend on marrying while on a tourist VISA, knowing the consequences they would face?

Exactly how does one person prove another's intent unless they have physical evidence to show otherwise? I don't recall anything on the i-130 or i-485 forms that specifically ask how or when the couple met and if they discussed marriage specifically before or after the "visitor" arrived.

If it were illegal, they wouldn't allow people to proceed with the application for AOS would they?

Well, one would assume they wouldn't. However, the OP was saying they would try for the K1 but if it started taking too long then they would just get married on a tourist visa (or, that's what I got out of it). Like I said in my earlier post, the fact that they applied for a K1 is hard proof that they intented to marry illegally when she came in on a tourist visa after applying for a legal K1.

ChristinaM did exactly that she had filed for a K1 and then got married on a VWP.... she then withdrew the K1 and filed for AOS and like me she now has her greencard... so no having applied for a K1 is not proof that you intended to marry illegaly and remain....

Kez

[DelcoCouple 1]

.... Like I said in my earlier post, the fact that they applied for a K1 is hard proof that they intented to marry illegally when she came in on a tourist visa after applying for a legal K1.

Hmmmz not sure I 100% agree. It may well be of evidential value and provide difficulties at an AOS interview but I think it falls well short of "hard proof".

It is hard proof that they intend to marry no more no less. It is no proof at all as to when they intend to marry.

There is nothing inherently wrong with a K1 applicant visiting the USA on for example a VWP and there are many reasons why they may wish to do so.