US Citizen marrying Foreign National

[Dohan 133]

You are so completely wrong.

You may need an attorney, but not everyone needs one.

Don't scare people when you don't know.

She can file for AOS. There is no great danger.

This is the guide provided by VJ, please see the warning. http://www.visajourney.com/content/i130guide2

[aaron2020 11,651]

This is the guide provided by VJ, please see the warning. http://www.visajourney.com/content/i130guide2

What about the warning? Please tell me how it applies here?

You are still wrong.

[Dohan 133]

What about the warning? Please tell me how it applies here?

You are still wrong.

"If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy.

If you have any doubt, consult an immigration attorney.

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."

@aaron2020 I understand what you're trying to say. Since she is here it's ok. But this is a BIG RISK is what I'm saying. You cannot speak with authority on this, and neither can anyone who is NOT an expert or an immigration lawyer. You can't seriously expect this guy to just follow your or my word without checking with someone who knows 100% the right thing to do.

[aaron2020 11,651]

"If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy.

If you have any doubt, consult an immigration attorney.

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."

@aaron2020 I understand what you're trying to say. Since she is here it's ok. But this is a BIG RISK is what I'm saying. You cannot speak with authority on this, and neither can anyone who is NOT an expert or an immigration lawyer. You can't seriously expect this guy to just follow your or my word without checking with someone who knows 100% the right thing to do.

There is no big risk. People adjust every day.

Don't presume things.

And I can speak with authority on this. Take my word on that.

[Dohan 133]

There is no big risk. People adjust every day.

Don't presume things.

And I can speak with authority on this. Take my word on that.

so you're saying that there is pretty much no need for people to go through the K1 process or the CR1 process if their better half happens to have a valid tourist visa?

If it were so easy why are we all even doing the K1 process.

And are you also saying that one can enter on a tourist visa, being already married and at POE just say "oh hi officer I'm just here visiting my spouse, no biggie" and the immigration officer will happily stamp them in??? And then they can do AOS and not have ANY issue whatsoever cause all this is perfectly legal and allowed?

[aaron2020 11,651]

OK. Last post. Sorry if you don't get it.

"If you attempt to file and do not qualify your legal status in the US can be places in jeopardy."

This not mean that the OP has a problem AOS.

This applies to people who can't adjust for a real reason, i.e. not having a current PD in the family preference category, entering without inspection, having a J-1 2 years HRR, etc.

[aaron2020 11,651]

so you're saying that there is pretty much no need for people to go through the K1 process or the CR1 process if their better half happens to have a valid tourist visa?

If it were so easy why are we all even doing the K1 process.

And are you also saying that one can enter on a tourist visa, being already married and at POE just say "oh hi officer I'm just here visiting my spouse, no biggie" and the immigration officer will happily stamp them in??? And then they can do AOS and not have ANY issue whatsoever cause all this is perfectly legal and allowed?

Yes. It's perfectly legal and allowed.

I suggest you use Google to look up the immigration cases that states the preconceived intent to immigrate alone is not a valid reason for USCIS to deny an AOS of an Immediate Relative of a USC as long as the person did not lie at the POE.

[akihon 129]

I would consider withholding such information from immigration, lying.

Edited July 24, 2014 by akihon