I am a U.S. citizen, my chinese women has just came the USA on a travel visa. can i marry her so she can stay in the country with me

[Prystine 184]

While it is still legal to do so, be prepared for more scrutiny and having to provide more to prove a bonafide relationship as you do have a higher risk of USCIS deciding whether or not visa fraud is being committed. Its up to them whether or not they approve or deny the AOS. Just be well prepared for that to come up and you'll be fine. Being prepared is key to all of this.

Edited April 13, 2016 by Prystine

[Loki_Go 126]

Actually it's not. Intent alone is not enough to deny an aos as per matter of battista. People who aos from tourist visa all of the time on here mention how it was never mentioned to them in interviews.

Oh I'm sure, but there's still an added risk. I'm sure all other info was considered in the interviews that it was never mentioned, this point alone will not make or break an AOS. But if their case is shaky it's just one more thing to consider.

[MASH 172]

Actually it's not. Intent alone is not enough to deny an aos as per matter of battista. People who aos from tourist visa all of the time on here mention how it was never mentioned to them in interviews.

If this is all true since we're Canadian we didn't even need the k1 just go visit n stay there for over 3 months n marry n do AOS and just say I didn't know I was getting married .

How is that fair for the people who worked so hard on the K1 process

[Loki_Go 126]

If this is all true since we're Canadian we didn't even need the k1 just go visit n stay there for over 3 months n marry n do AOS and just say I didn't know I was getting married .

How is that fair for the people who worked so hard on the K1 process

Because nothing is fair in this process. But if you do it the right way you have nothing to worry about.

[Transborderwife 4,666]

While it is still legal to do so, be prepared for more scrutiny and having to provide more to prove a bonafide relationship as you do have a higher risk of USCIS deciding whether or not visa fraud is being committed. Its up to them whether or not they approve or deny the AOS. Just be well prepared for that to come up and you'll be fine. Being prepared is key to all of this.

I challenge you to find cases where this has happened on VJ. I have seen more aos denials from k1 than tourist visas on here.

If this is all true since we're Canadian we didn't even need the k1 just go visit n stay there for over 3 months n marry n do AOS and just say I didn't know I was getting married .

How is that fair for the people who worked so hard on the K1 process

It is what it is. Immigration is never fair.

[Teddy B 17,252]

The concern is that she used her visitor visa to enter the US with the intent to marry and stay. That's fraud if they knowingly misused the visitor visa to eventually marry and adjust. However, OP didn't state what their initial intent was and since she's here legally, marrying and adjusting are certainly legal options for them. The onus will be on them to prove their intent when she entered the US was only for visiting and they decided to marry afterwards. I'm sure it'll come up in their AOS interview, right?

Once she was allowed entry by a CBP Officer all questions of intent are satisfied. It's not an issue anymore. It will more than likely not be brought up at their interview. It was never mentioned at my wife's interview. Even if it is, it doesn't matter. Intent alone is not enough to deny the AOS. The only people this is an issue for is people who took a different path to immigrate.

[Transborderwife 4,666]

Because nothing is fair in this process. But if you do it the right way you have nothing to worry about.

Again, aos is the right way in certain situations

Once she was allowed entry by a CBP Officer all questions of intent are satisfied. It's not an issue anymore. It will more than likely not be brought up at their interview. It was never mentioned at my wife's interview. Even if it is, it doesn't matter. Intent alone is not enough to deny the AOS. The only people this is an issue for is people who took a different path to immigrate.

Preach it Teddy B

[Loki_Go 126]

I challenge you to find cases where this has happened on VJ. I have seen more aos denials from k1 than tourist visas on here.

The problem is not all cases are documented here. I don't think you could soundly prove either way. But our wisdom and some logic might incline us to lean towards the side of it being a harder interview. *shrug*

[Teddy B 17,252]

Again, aos is the right way in certain situations

Preach it Teddy B

I can't believe we have to go through this bs about once a week here. And the long time members should know better.

Edited April 13, 2016 by Teddy B

[Starkilla09 366]

While it is still legal to do so, be prepared for more scrutiny and having to provide more to prove a bonafide relationship as you do have a higher risk of USCIS deciding whether or not visa fraud is being committed. Its up to them whether or not they approve or deny the AOS. Just be well prepared for that to come up.

Don't be throwing fear mongering around he has no higher risk for any fraud. There's no higher scrutiny bar set in stone just because someone adjusts as a visitor. People adjust all the time from visitor and visa waivers 24/7 and walk out of that room majority unless than 30 mins like any other. The reviews are here all the time in case you missed the memo. That being said it doesn't mean he doesn't have to prepare. It's not like he married his wife while in removal proceedings.

[Transborderwife 4,666]

I can't believe we have to go through this bs about once a week here. And the long time members should know better.

Agreed, my overstay situation was beyond my control (was pregnant with a healthy pregnancy, no issues, suddenly went into labor unexpectedly and had my daughter. She required constant medical care...hmmm I was supposed to leave her and go home to do the process "correctly" hmm, yeah ok lol). It just grinds my gears when people deem it "illegal"

[Teddy B 17,252]

Agreed, my overstay situation was beyond my control (was pregnant with a healthy pregnancy, no issues, suddenly went into labor unexpectedly and had my daughter. She required constant medical care...hmmm I was supposed to leave her and go home to do the process "correctly" hmm, yeah ok lol). It just grinds my gears when people deem it "illegal"

How does that saying go about walking a mile in another man/woman's shoes?

[Loki_Go 126]

Agreed, my overstay situation was beyond my control (was pregnant with a healthy pregnancy, no issues, suddenly went into labor unexpectedly and had my daughter. She required constant medical care...hmmm I was supposed to leave her and go home to do the process "correctly" hmm, yeah ok lol). It just grinds my gears when people deem it "illegal"

No of course not, but your situation isn't like OP's at all. Is it possible you have a personal connection to this issue that it may be making you unable to hear others' opinions though? I mean that with all due respect. Isn't it true that if I obtain a visitor visa with the hidden intent to marry and stay that it's visa fraud? OP has never come back to clarify their situation so who knows what their actual intent was.

[Prystine 184]

Don't be throwing fear mongering around he has no higher risk for any fraud. There's no higher scrutiny bar set in stone just because someone adjusts as a visitor. People adjust all the time from visitor and visa waivers 24/7 and walk out of that room majority unless than 30 mins like any other. The reviews are here all the time in case you missed the memo. That being said it doesn't mean he doesn't have to prepare. It's not like he married his wife while in removal proceedings.

First off, there is no need for you to be rude as I was just making a point that he needs to be prepared because he does actually have a higher risk especially with his wife being from china as china is considered a HIGH fraud country according to Homeland Security. Secondly, only a small percentage of people going through the process are on vj so it cannot accurately depict all cases that are not reported on here. Lastly, there are several couples I know first hand that have gone through AOS from a visitor visa and from their own accounts, they had to provide more evidence then some and while one didn't have any issues, the other 2 couples did. Again, as I stated if he is well prepared he should be fine.

[Transborderwife 4,666]

No of course not, but your situation isn't like OP's at all. Is it possible you have a personal connection to this issue that it may be making you unable to hear others' opinions though? I mean that with all due respect. Isn't it true that if I obtain a visitor visa with the hidden intent to marry and stay that it's visa fraud? OP has never come back to clarify their situation so who knows what their actual intent was.

Nope, I felt the same way before I was even in this situation. Whether they had intention or not, POE has assessed her and given her entry. It's not ours to judge op's lady's intentions Edited April 13, 2016 by Transborderwife