AOS on a Tourist Visa

[kelmat18 0]

Hello all,

I filed a petition for a K1 visa back in October 2014, and am still waiting. Our case was sent to the National Visa Center about 2 weeks ago, and I've called but so far nothing.

This past weekend I was hanging out with some Peace Corps friends (my fiance and I met while I was in the Peace Corps) and a couple there had recently gotten married while one of them was here on a tourist visa and then just applied for AOS. From what I had understood that wasn't the best course of action because it could be considered fraudulent. But, they had no problems and he got his green card in 8 weeks.

My fiance is here right now visiting, but is supposed to leave in a month but, after hearing this story we have been wondering if we should try it that way too. We a planning a wedding ceremony in January because we were hoping that his visa would be approved by then, so I don't know if that would affect anything in anyway.

Thoughts? Any advice would be appreciated.

[arken 4,197]

Were they engaged or in relationship before one person came to US on tourist visa? Did they even know each other before entering US? Sometime people come to US, find a person randomly they want to be with and get married. They convinced the USCIS officer through documents or thru interview that the person had no intent of marrying a USC while entering US.

Not sure about their case prior to entering US on tourist visa but in your case you two already have a intent to marry since you had petitioned for K1 visa which required you to show that you two will be marrying. So if you get married now and apply for AOS, you two might be called on for interview and asked about if your fiance used tourist visa to come to you and get married? How would you defend that?

I suggest you wait. Since its already on NVC stage, a lil bit more wait will be worthwhile.

[Jo Së 200]

Do it, totally legal as long as those weren't her intentions when she entered as a tourist, the only thing is that she will not be able to travel back until the case is complete or she receives Advance Parole.

This will be your guide: http://www.visajourney.com/content/i130guide2

Edited September 1, 2015 by Jose&Eli

[kelmat18 0]

Were they engaged or in relationship before one person came to US on tourist visa? Did they even know each other before entering US? Sometime people come to US, find a person randomly they want to be with and get married. They convinced the USCIS officer through documents or thru interview that the person had no intent of marrying a USC while entering US.

Yes, she was also a fellow Peace Corps volunteer and they had met during their service. Your entire response is generally what I had thought about doing AOS on a tourist visa as well but, then they did it and I'm all kinds of confused and tired of waiting.

[Jo Së 200]

You'll be fine.

Here is a thread from a couple of days ago asking the same thing: http://www.visajourney.com/forums/topic/563700-married-while-waiting-for-k1-process/

[kelmat18 0]

You'll be fine.

Here is a thread from a couple of days ago asking the same thing: http://www.visajourney.com/forums/topic/563700-married-while-waiting-for-k1-process/

Thank you! I was trying to find other threads similar to my question, this is perfect!

[Vicky&Fritz 33]

A co-worker friend of mine Adjusted from a Tourist visa recently. As long as they didn't enter with the intent to marry, it should be fine.

Best of luck to you.

[aaron2020 11,651]

Hello all,

I filed a petition for a K1 visa back in October 2014, and am still waiting. Our case was sent to the National Visa Center about 2 weeks ago, and I've called but so far nothing.

This past weekend I was hanging out with some Peace Corps friends (my fiance and I met while I was in the Peace Corps) and a couple there had recently gotten married while one of them was here on a tourist visa and then just applied for AOS. From what I had understood that wasn't the best course of action because it could be considered fraudulent. But, they had no problems and he got his green card in 8 weeks.

My fiance is here right now visiting, but is supposed to leave in a month but, after hearing this story we have been wondering if we should try it that way too. We a planning a wedding ceremony in January because we were hoping that his visa would be approved by then, so I don't know if that would affect anything in anyway.

Thoughts? Any advice would be appreciated.

Hi,

The two of you can marry and adjust status.

Immigrant intent is irrelevant. (Ignore those on here who tells you that if she didn't have the intent to immigrate, it's okay, blah blah. It's fraud. blah. blah.)

Under Matter of Battista and Matter of Cavazos, USCIS can not deny the AOS of an Immediate Relative of a USC for preconceived intent to immigrate. This means even if the person had the intent to immigrate, it doesn't matter.

Go ahead and get marry and adjust. Withdraw the K-1 after you get marry.

Best of luck

Edited September 1, 2015 by aaron2020

[Pennycat 880]

It's fine. Ignore the "intent" squabbles above because it doesn't apply to you either way.

Just know---your file will probably be routed to the embassy in your fiance's country sometime next week so you wouldn't have too much longer to go in the K1 process. This could be important for you guys logistically because she won't be able to go home right away if you AOS from a tourist visa.. First you need to get married, then apply for AOS (and work authorization and travel authorization). Those last two things take a few months (seems like between 8 and 12 weeks for most people). So, if she has any loose ends to tie up before making a permanent move or wants to go home for Christmas or whatever, just factor in her ability to leave and come back before you receive travel authorization (AP) and time your legal wedding and paperwork accordingly. It's possible that K1 is still preferable for you, depending on your situation.

[Hypnos 6,578]

If you're found "not to have entered into the marriage in good faith" then you won't be receiving *any* kind of immigration benefit, including AoS, an immigrant visa, K-1, or anything else related to demonstrating a bona fide relationship.

[Ryan H 3,834]

***One post violating the TOS (advocating fraud) and several bickering posts removed. Cease and desist with the bickering or thread bans will be imposed.***