What is the best way? Marrying an USC

[danpereir 0]

Hello,
I am dating an USC and it is the second time I am visiting him (i was born in Brazil and have Portuguese citizenship too).

And now we decide to get married as soon as possible and start the my process to become a Legal Permanent Resident. Considerations: I am in the USA now (entered legally using ESTA - part of the Visa Waiver Program), want to stay here during the process including working (if possible).

What is the best (fast) way to proceed?

> go back to Brazil > apply for K1 visa > come to USA and get married > file AOS and EAD
> get married in US > go back to Brazil > apply for K3 or IR1/CR1 visa > come to USA

> get married in US > apply for K3 or IR1/CR1 visa and file AOS at the same time (and staying here)

> is there any other way? Will an attorney help on this process?

Thanks in advance for your help

[JFH 12,190]

Stay and adjust. I assume you did not intend to stay when you arrived on this trip?

[danpereir 0]

Stay and adjust. I assume you did not intend to stay when you arrived on this trip?

I just dont know if i can adjust from "B1-B2" (ESTA) to something else - i am assuming it is possible to do.

Yes it was not my intention. I am on vacations (30 days in Brazil), but I work in the family business so is not a big deal to leave.

Edited December 27, 2015 by danpereir

[signalsfly 6]

I just dont know if i can adjust from "B1-B2" (ESTA) to something else - i am assuming it is possible to do.

Yes it was not my intention. I am on vacations (30 days in Brazil), but I work in the family business so is not a big deal to leave.

As long as you didn't enter the US with the intention of staying then you're allowed to get married and adjust your status without leaving the country. You can apply for an EAD (work permit) at the same time which will allow you to work while you're in the process of adjusting. This would take around 90 days from when you send the paperwork off.

Best of luck!

Edited December 27, 2015 by signalsfly

[oliviaalexandra88 9]

Hello,

I am dating an USC and it is the second time I am visiting him (i was born in Brazil and have Portuguese citizenship too).

And now we decide to get married as soon as possible and start the my process to become a Legal Permanent Resident. Considerations: I am in the USA now (entered legally using ESTA - part of the Visa Waiver Program), want to stay here during the process including working (if possible).

What is the best (fast) way to proceed?

> go back to Brazil > apply for K1 visa > come to USA and get married > file AOS and EAD

> get married in US > go back to Brazil > apply for K3 or IR1/CR1 visa > come to USA

> get married in US > apply for K3 or IR1/CR1 visa and file AOS at the same time (and staying here)

> is there any other way? Will an attorney help on this process?

Thanks in advance for your help

From what I read, marrying while on a different visa may create problems during the adjustment like proving that you initially came to the US without the intention of marrying someone to become a USC. Even though your intentions are good or that you really love your partner, it will still depend on the consul if they believe you or not. You can do the k1 process while you are still there in the US and just go home to brazil when you need to do the medical and interview then go back, get married and aos etc etc...

[Boiler 45,558]

From what I read, marrying while on a different visa may create problems during the adjustment like proving that you initially came to the US without the intention of marrying someone to become a USC. Even though your intentions are good or that you really love your partner, it will still depend on the consul if they believe you or not. You can do the k1 process while you are still there in the US and just go home to brazil when you need to do the medical and interview then go back, get married and aos etc etc...

?????????????

Consul?

[Mrs.Hull210 24]

From my understanding, you can marry while here and file the 1-130 and 1-484 together at the same time (concurrent filing). You can apply for an EAD/Ap (work permit and travel permit) which is normally approved within 90 days. You should be fine doing it this way, as from what I was told you do not have to prove intent any longer. Intent of your entry was already decided by border control upon entry. If they had any evidence or feeling that you had preconceived intent to marry and vitis, they would have denied entry and sent you back right there and then.

*My husband entered on Visa Waiver multiple times with no intent of staying, but when he was here the last visit I suffered some medical issues and we decided it was best for him to stay. Not pre-planned, and so far our journey is going well. We filed in August and our green card interview is in 2 weeks! He has been working legally here with his temporary work permit since early November Good luck!

Edited December 28, 2015 by Mrs.Hull210

[Transborderwife 4,666]

From what I read, marrying while on a different visa may create problems during the adjustment like proving that you initially came to the US without the intention of marrying someone to become a USC. Even though your intentions are good or that you really love your partner, it will still depend on the consul if they believe you or not. You can do the k1 process while you are still there in the US and just go home to brazil when you need to do the medical and interview then go back, get married and aos etc etc...

Then you've read wrong

[JFH 12,190]

I just dont know if i can adjust from "B1-B2" (ESTA) to something else - i am assuming it is possible to do.

Yes it was not my intention. I am on vacations (30 days in Brazil), but I work in the family business so is not a big deal to leave.

Did you enter on the VWP or are you on a B-2 visa? It won't affect the outcome, just was curious as your timescale could be different. VWP allows 90 days. B-2 up to 180 days. Overstaying isn't a good idea.

[oliviaalexandra88 9]

Hello,

I am dating an USC and it is the second time I am visiting him (i was born in Brazil and have Portuguese citizenship too).

And now we decide to get married as soon as possible and start the my process to become a Legal Permanent Resident. Considerations: I am in the USA now (entered legally using ESTA - part of the Visa Waiver Program), want to stay here during the process including working (if possible).

What is the best (fast) way to proceed?

> go back to Brazil > apply for K1 visa > come to USA and get married > file AOS and EAD

> get married in US > go back to Brazil > apply for K3 or IR1/CR1 visa > come to USA

> get married in US > apply for K3 or IR1/CR1 visa and file AOS at the same time (and staying here)

> is there any other way? Will an attorney help on this process?

Thanks in advance for your help

Top 8 things you should consider before getting married on a Tourist Visa or Visa Waiver

1. The Marriage Must Be In Good Faith

One of the most important things that you must prove to USCIS is that your marriage was entered in good faith.

If USCIS determines that the marriage was entered into only for purpose of gaining immigration benefits, they will deny the application. Denial of the application may result in the initiation of deportation or removal proceedings.

IMPORTANT

You will have to submit sufficient documents and proof that your marriage is really a good faith marriage.

2. The 30/60 Day Rule

The Department of State developed a '30/60 day rule' to help consular officers determine if someone has committed visa fraud. Under the rule, if an individual is applying for a visa at the Consulate and has previously filed for Adjustment of Status or another change in nonimmigrant status within 30 or 60 days of entry in the US, preconceived intent is assumed.

This rule has, in some ways, been adopted by USCIS in the adjudication of Adjustment of Status applications. This '30/60 day rule' makes it risky to apply for change of status or marriage based adjustment of status within 60 days of arriving in the US and harmful within 30 days of arriving.

People who commit visa fraud can become permanently ineligible to enter the US or receive immigration benefits. That is why it is important to know about this rule and to understand how it works before you get married and apply for adjustment of status.

DID YOU KNOW?

If a person violates nonimmigrant status or files for a change of status or adjustment of status:

1. Within 30 days of entry, the person is presumed to have misrepresented his/her intentions at the visa interview.
2. Between 30 and 60 days of entry, there is no presumption of misrepresentation, but the burden is on the applicant to prove that there was no misrepresentation.
3. After 60 days, there is no presumption of misrepresentation (arguably, the burden would shift to the government to prove there was any misrepresentation if it is alleged).

RESERVE YOUR FREE VISA ASSESSMENT WITH IMMIGRATION LAWYER TODAY!

3. Timing of The Wedding

The timing of your wedding may raise red flags for USCIS when examining your case.

If you are married too soon after entry and later apply for Adjustment of Status, it may be assumed that you entered the US with preconceived intent, despite filing the Adjustment of Status application after 60 days.

If you are entering the U.S. with the intention of getting married and then returning to your home country, the timing of your wedding in relation to your entry is largely irrelevant.

4. What Happens If Adjustment of Status Is Denied?

The possibility of being denied for an adjustment is very real, so you and your spouse must both be prepared for any eventuality.

If you came to the U.S. as a visitor and your adjustment of status is denied, USCIS may refer you to Immigration & Customs Enforcement to begin the process of removal, or 'deport' from the country. It is important to remember that if you entered the country as a Visa Waiver applicant, you may not have the right to argue your case in front of an immigration judge.

DID YOU KNOW?

1. The reasons for denial of adjustment of status are not limited to lack of evidence that the marriage is bona fide, or you did not enter with a preconceived intent to marry and remain in the U.S. Reasons for denial may include a person's health, criminal history, or previous sanctions.
2. If the immigration officer does not find that you entered into a fraudulent marriage you can always seek your immigrant visa through the consulate in your home country.

Get A Free Visa Assessment

From An Experienced Immigration Attorney

First Name *

Phone Number *

Email *

Message *

I'm not a robot

Act Now - free spots fill up fast!

5. You Cannot Leave The US Immediately After Marriage

After you have married and filed for adjustment of status you will not be able to leave the U.S. until you apply for and receive Advance Parole or Green Card.

If you leave the country before receiving one of these two documents, you may not be allowed to re-enter the US and your adjustment of status application can be deemed 'abandoned' and denied. You and your spouse would have to start the immigration process from scratch and your spouse may have to wait outside the U.S. to consular process.

IMPORTANT

If your adjustment of status application is pending, and did not apply for and obtain the Advance Parole before leaving the U.S., the U.S. Citizenship and Immigration Services (USCIS) considers you to have abandoned your adjustment of status application, and may not permit you to re-enter the U.S.

6. Border Protection Officers Are Watching You

When you arrive on a tourist visa, the Customs and Border Protection (CBP) inspection officers at the port-of-entry will ask you the purpose of your travel to the US. You should always be honest and answer all the questions truthfully.

If you state your intent as, "to see the Grand Canyon" and a search of your luggage reveals a wedding dress, be prepared for the inevitable grilling, i.e. secondary inspection and possibly an immediate return to your home country on the next flight.

IMPORTANT

If the border official believes that you are not coming to the US as a visitor and you cannot prove your intent to leave before your visa expires, you'll find yourself on the next plane home.

7. Enter on A Tourist Visa, Get Married And Return Home

Many foreign nationals want to know if they can come to the US on a tourist visa to get married, but 'with the intention of going back to the home country after the marriage'.

Nothing in the regulations say that you can't get married on a tourist visa or on visa waiver. You are certainly allowed to get married and go back home before your status expires, but you must be ready to present strong and solid evidence to prove to the CBP officer that you intend to return your home country after the wedding. You should come armed with things like lease agreements, letters from employers, a return ticket and/or evidence that your US Citizen spouse actually intends to return with you to your home country.

REMEMBER

The more evidence that you can show that proves your intention to return home after the wedding, the greater your chances of getting through at the port-of-entry.

8. No Excuse For Visa Fraud

If you think it's easy to fool the U.S. immigration officers - think again!

If you are caught violating the immigration laws, you could be accused of committing visa fraud. If fraud is proven, you will face serious consequences. At the very least, you will have to return to your home country. Worse still, you may receive a lifetime ban from reentering the US, a ban that may be extremely difficult to overcome.

IMPORTANT

The USCIS has very strict rules for those people who come to the Unites States on tourist visa with the sole intention of getting married and trying to stay. Not everyone who get married on a tourist visa while in the US is eligible to apply for adjustment of status.

- See more at: http://www.visapro.com/green-card-family/getting-married-on-a-tourist-visa.asp#sthash.VzJAX690.dpuf

[Boiler 45,558]

Nor a good source if info, and I just do not have the energy to correct it.

Top 8 things you should consider before getting married on a Tourist Visa or Visa Waiver

1. The Marriage Must Be In Good Faith

One of the most important things that you must prove to USCIS is that your marriage was entered in good faith.

If USCIS determines that the marriage was entered into only for purpose of gaining immigration benefits, they will deny the application. Denial of the application may result in the initiation of deportation or removal proceedings.

IMPORTANT

You will have to submit sufficient documents and proof that your marriage is really a good faith marriage.

2. The 30/60 Day Rule

The Department of State developed a '30/60 day rule' to help consular officers determine if someone has committed visa fraud. Under the rule, if an individual is applying for a visa at the Consulate and has previously filed for Adjustment of Status or another change in nonimmigrant status within 30 or 60 days of entry in the US, preconceived intent is assumed.

This rule has, in some ways, been adopted by USCIS in the adjudication of Adjustment of Status applications. This '30/60 day rule' makes it risky to apply for change of status or marriage based adjustment of status within 60 days of arriving in the US and harmful within 30 days of arriving.

People who commit visa fraud can become permanently ineligible to enter the US or receive immigration benefits. That is why it is important to know about this rule and to understand how it works before you get married and apply for adjustment of status.

DID YOU KNOW?

If a person violates nonimmigrant status or files for a change of status or adjustment of status:

1. Within 30 days of entry, the person is presumed to have misrepresented his/her intentions at the visa interview.
2. Between 30 and 60 days of entry, there is no presumption of misrepresentation, but the burden is on the applicant to prove that there was no misrepresentation.
3. After 60 days, there is no presumption of misrepresentation (arguably, the burden would shift to the government to prove there was any misrepresentation if it is alleged).

RESERVE YOUR FREE VISA ASSESSMENT WITH IMMIGRATION LAWYER TODAY!

3. Timing of The Wedding

The timing of your wedding may raise red flags for USCIS when examining your case.

If you are married too soon after entry and later apply for Adjustment of Status, it may be assumed that you entered the US with preconceived intent, despite filing the Adjustment of Status application after 60 days.

If you are entering the U.S. with the intention of getting married and then returning to your home country, the timing of your wedding in relation to your entry is largely irrelevant.

4. What Happens If Adjustment of Status Is Denied?

The possibility of being denied for an adjustment is very real, so you and your spouse must both be prepared for any eventuality.

If you came to the U.S. as a visitor and your adjustment of status is denied, USCIS may refer you to Immigration & Customs Enforcement to begin the process of removal, or 'deport' from the country. It is important to remember that if you entered the country as a Visa Waiver applicant, you may not have the right to argue your case in front of an immigration judge.

DID YOU KNOW?

1. The reasons for denial of adjustment of status are not limited to lack of evidence that the marriage is bona fide, or you did not enter with a preconceived intent to marry and remain in the U.S. Reasons for denial may include a person's health, criminal history, or previous sanctions.
2. If the immigration officer does not find that you entered into a fraudulent marriage you can always seek your immigrant visa through the consulate in your home country.

Get A Free Visa Assessment

From An Experienced Immigration Attorney

First Name *

Phone Number *

Email *

Message *

I'm not a robot

Act Now - free spots fill up fast!

5. You Cannot Leave The US Immediately After Marriage

After you have married and filed for adjustment of status you will not be able to leave the U.S. until you apply for and receive Advance Parole or Green Card.

If you leave the country before receiving one of these two documents, you may not be allowed to re-enter the US and your adjustment of status application can be deemed 'abandoned' and denied. You and your spouse would have to start the immigration process from scratch and your spouse may have to wait outside the U.S. to consular process.

IMPORTANT

If your adjustment of status application is pending, and did not apply for and obtain the Advance Parole before leaving the U.S., the U.S. Citizenship and Immigration Services (USCIS) considers you to have abandoned your adjustment of status application, and may not permit you to re-enter the U.S.

6. Border Protection Officers Are Watching You

When you arrive on a tourist visa, the Customs and Border Protection (CBP) inspection officers at the port-of-entry will ask you the purpose of your travel to the US. You should always be honest and answer all the questions truthfully.

If you state your intent as, "to see the Grand Canyon" and a search of your luggage reveals a wedding dress, be prepared for the inevitable grilling, i.e. secondary inspection and possibly an immediate return to your home country on the next flight.

IMPORTANT

If the border official believes that you are not coming to the US as a visitor and you cannot prove your intent to leave before your visa expires, you'll find yourself on the next plane home.

7. Enter on A Tourist Visa, Get Married And Return Home

Many foreign nationals want to know if they can come to the US on a tourist visa to get married, but 'with the intention of going back to the home country after the marriage'.

Nothing in the regulations say that you can't get married on a tourist visa or on visa waiver. You are certainly allowed to get married and go back home before your status expires, but you must be ready to present strong and solid evidence to prove to the CBP officer that you intend to return your home country after the wedding. You should come armed with things like lease agreements, letters from employers, a return ticket and/or evidence that your US Citizen spouse actually intends to return with you to your home country.

REMEMBER

The more evidence that you can show that proves your intention to return home after the wedding, the greater your chances of getting through at the port-of-entry.

8. No Excuse For Visa Fraud

If you think it's easy to fool the U.S. immigration officers - think again!

If you are caught violating the immigration laws, you could be accused of committing visa fraud. If fraud is proven, you will face serious consequences. At the very least, you will have to return to your home country. Worse still, you may receive a lifetime ban from reentering the US, a ban that may be extremely difficult to overcome.

IMPORTANT

The USCIS has very strict rules for those people who come to the Unites States on tourist visa with the sole intention of getting married and trying to stay. Not everyone who get married on a tourist visa while in the US is eligible to apply for adjustment of status.

- See more at: http://www.visapro.com/green-card-family/getting-married-on-a-tourist-visa.asp#sthash.VzJAX690.dpuf

[oliviaalexandra88 9]

Nor a good source if info, and I just do not have the energy to correct it.

Then don't

[NikLR 13,227]

It's easy to correct though. Once you've been allowed into the USA the onus is on the USCIS to prove you intended to immigrate, not on you to prove you didn't. Period. Anything after that is extraneous.

Stay and adjust status if that is your wish

[Ortolan 381]

Unless you have something odd in your past (arrests, for instance) I wouldn't consider hiring a lawyer; a lawyer won't make the procedure go faster. Just read the procedure guide on this site.

Edited December 28, 2015 by Ortolan

[Boiler 45,558]

I would never say do not at least have a Consultation with a Lawyer, even those that do usually end up doing it themselves.