Marriage in the USA (not with K-1). Looking for other similar couples. Not sure where to post this question.

[umikoikaze 12]

I always wonder about those who visit and then decide to marry and stay, like how is it possible without planning?! I don't mean this in a bad way, I'm just curious. We did the IR-1 visa and for me it was months of preparation before I could move over. I had to sell my apartment, my car, furniture, pack up and ship the stuff I wanted to bring with me, quite my job, wrap things up with my bank etc etc. I always wonder how people move halfway around the world, or even just next door like you did, without planning? Because now you can't leave the US for months so what do you do with everything back home? I'm not judging, just interested in how it works and you seem like an open person, so figured I'd put the question out there.

For me, I was already living in the states as a student. I didn't own anything back home and all my furniture and a car was bought in the states because I got here when I was 18. Back at home I lived with my family and didn't have a car. They still have some of my clothes, papers and personal items at their place but it's not a big deal, I'm going to go through it next time I visit. I have bank account in both countries and have no problem maintaining them online, but my primary account is in the states. I wasn't planning on adjusting yet, but had a medical problem that didn't let me maintain my F1 status so I fell out of status and had to adjust. We were planning to get married eventually but it hasn't been decided when until I came back into the country since there were some family problems. When we decided to get married, we had a civil ceremony next week and then a formal reception 8 months later so that my family could visit and we'd have some time to plan it.

I think everyone's situation is different and what works for one couple might not work for another. For me, going back and getting a visa wouldn't make sense as all of my stuff and live was already here and I was also unable to travel due to my medical problems.

I hope I'm not hijacking the thread by answering your question. Not 100% on the rules of this.

[KayDeeCee 4,893]

The OP said that she had non-immigrant intent, and so it is not an issue here. But why would it not be grounds for denial. If she made a representation of non-immigrant intent in order to gain entry, then why would she not be excludable for willful and material misrepresentation. I have seen this a number of times on this site and am hoping for an explanation. Thanks.

The US Code > https://www.law.cornell.edu/uscode/text/8/1255

8 U.S. Code § 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa

The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

(1) the alien makes an application for such adjustment,

(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

(3) an immigrant visa is immediately available to him at the time his application is filed.

Matter of Cavazos > https://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-65300/0-0-0-84911.html

...

(2) Notwithstanding evidence establishing preconceived intent, an application for adjustment

of status should as a general rule be granted in the exercise of discretion in

the case of an immediate relative or other specified alien who under Operations

Instruction 245.3(b) and 8 C.F.R. 242.5(a)(2) and (4) could be granted voluntary

departure until invited to appear before a United States consul to apply for an

immigrant visa.

(3) Where a finding of preconceived intent was the only negative factor cited by the

immigration judge in denying the respondent's application for adjustment of status as

the beneficiary of an approved immediate relative visa petition and no additional

adverse matters are apparent in the record, and where significant equities are

presented by the respondent's United States citizen wife and child, a grant of adjustment

of status is warranted as a matter of discretion

[KayDeeCee 4,893]

I'm sorry I didn't know this was a rumor, as I've read about it on many immigration websites. I also see it mentioned in a document by USCIS.

https://www.uscis.gov/sites/default/files/err/H2%20-%20Waiver%20of%20Inadmissibility%20-%20Criminal%20-%20212%20(h)/Decisions_Issued_in_2007/Oct312007_02H2212.pdf

Do you have more information about it? I'd like to know more about it, as it might apply to me.

It was used as a guidance only, not an actual rule/law, and it does not pertain to those adjusting status as an immediate relative of a USC. This may help explain > http://www.hooyou.com/familybased/exceptions.html

[umikoikaze 12]

It was used as a guidance only, not an actual rule/law, and it does not pertain to those adjusting status as an immediate relative of a USC. This may help explain > http://www.hooyou.com/familybased/exceptions.html

I'm sorry if I wasn't clear earlier. I never meant that it was a strict law, just a guideline that might impact the case negatively. As in this is something that will be considered along with other factors.

I'm actually being told in another thread that I committed immigration fraud by getting married 16 days after my last entry to the states (didn't apply for adjustment of status for 16 months). This is really confusing me, as I'm seeing different opinions on the matter. Thanks for providing the link, I understand it better now.

[shrl 8]

Adjustment of Status from B2 here, too.

My first entry was in 2014, and that was the first time my husband and I met each other in person. I stayed for three months and went back home.

After seven months, I came back last year for what was supposedly a 3-week visit (I had a return ticket), ended up cancelling the flight and decided to maximize my I-94 (6 mos).

My husband proposed a month before my flight date and we got married within two weeks. He didn't even realize it had been five months since I got back. I guess for some couples the thought of being apart after years of being in a long-distance relationship is just unfathomable. It wasn't easy getting married and not having your immediate family there. Our ceremony was Skyped to my family and we do plan on having a ceremony back home once our application is approved. Mind you, I had a thriving corporate career back home. I realize that as far as working here is concerned, I'd have to start from the ground up.

TLDR: As long as your relationship is real, you follow the USCIS process, and not break the law, you're okay.

[D&H 2]

Adjustment of Status from B2 here, too.

My first entry was in 2014, and that was the first time my husband and I met each other in person. I stayed for three months and went back home.

After seven months, I came back last year for what was supposedly a 3-week visit (I had a return ticket), ended up cancelling the flight and decided to maximize my I-94 (6 mos).

My husband proposed a month before my flight date and we got married within two weeks. He didn't even realize it had been five months since I got back. I guess for some couples the thought of being apart after years of being in a long-distance relationship is just unfathomable. It wasn't easy getting married and not having your immediate family there. Our ceremony was Skyped to my family and we do plan on having a ceremony back home once our application is approved. Mind you, I had a thriving corporate career back home. I realize that as far as working here is concerned, I'd have to start from the ground up.

TLDR: As long as your relationship is real, you follow the USCIS process, and not break the law, you're okay.

Thanks for sharing some of your story

Ours is a similar story, just on a shorter timeline. I'm so blessed to be in such an amazing relationship. We sent everything in a little after you did, and are now just waiting on biometrics. Of course - none of the receipt numbers are working online yet, nor are they active when I call, however, we got our I-797's so we know everything is moving along.

[shrl 8]

There's so much stigma around AOS for non-K1 from people who couldn't care less to hear the fully story out first, it's ridiculous. Sharing our stories help encourage those who are on the same boat and are being constantly bombarded with judgment about "circumventing" the process.

Off-topic: Speaking of online status, I just gave the USCIS a call because it's been 40+ days since I got my NOA in the mail and the numbers are still not recognized. They say it may take up to 45 days, so I'll call again Monday. Good luck to us!

Thanks for sharing some of your story

Ours is a similar story, just on a shorter timeline. I'm so blessed to be in such an amazing relationship. We sent everything in a little after you did, and are now just waiting on biometrics. Of course - none of the receipt numbers are working online yet, nor are they active when I call, however, we got our I-797's so we know everything is moving along.

Edited June 23, 2016 by shrl

[D&H 2]

You are so right Good luck to us, indeed!

I look forward to following your journey

There's so much stigma around AOS for non-K1 from people who couldn't care less to hear the fully story out first, it's ridiculous. Sharing our stories help encourage those who are on the same boat and are being constantly bombarded with judgment about "circumventing" the process.

Off-topic: Speaking of online status, I just gave the USCIS a call because it's been 40+ days since I got my NOA in the mail and the numbers are still not recognized. They say it may take up to 45 days, so I'll call again Monday. Good luck to us!

[umikoikaze 12]

There's so much stigma around AOS for non-K1 from people who couldn't care less to hear the fully story out first, it's ridiculous. Sharing our stories help encourage those who are on the same boat and are being constantly bombarded with judgment about "circumventing" the process.

Off-topic: Speaking of online status, I just gave the USCIS a call because it's been 40+ days since I got my NOA in the mail and the numbers are still not recognized. They say it may take up to 45 days, so I'll call again Monday. Good luck to us!

Thank you for saying that! I've got a lot of judgement and fraud accusation on this forum for adjusting from a student visa, without them knowing my story or anything. And thanks for mentioning your experience with online status. I'm having the same problem and was getting worried that the online status thing wouldn't work for the whole process.

Edited June 24, 2016 by umikoikaze

[shrl 8]

My opinion... Some K-1 beneficiaries have no other way of entering the US. That's why it's harder for people in such a situation to put themselves in our shoes. As a couple, we couldn't have made a decision to get married within 3 months of coming back. It would've put unnecessary pressure on our relationship. Besides, my husband waited for a specific (relevant) date to propose! Sure, we could've gotten married anyway and I could've flown back and process the CR-1 visa instead. But then again, that would've meant another year or so of being apart. It was just a choice between being together after getting married, or being apart.

You do what works for you. It's not up to anyone else but the USCIS to figure out the legitimacy of an application. Fraud and dishonesty are definitely not exclusive to any one type of immigration process. That's why there are policies and guidelines.

Thank you for saying that! I've got a lot of judgement and fraud accusation on this forum for adjusting from a student visa, without them knowing my story or anything. And thanks for mentioning your experience with online status. I'm having the same problem and was getting worried that the online status thing wouldn't work for the whole process.

[Marc_us82 49]

My opinion... Some K-1 beneficiaries have no other way of entering the US. That's why it's harder for people in such a situation to put themselves in our shoes. As a couple, we couldn't have made a decision to get married within 3 months of coming back. It would've put unnecessary pressure on our relationship. Besides, my husband waited for a specific (relevant) date to propose! Sure, we could've gotten married anyway and I could've flown back and process the CR-1 visa instead. But then again, that would've meant another year or so of being apart. It was just a choice between being together after getting married, or being apart.

You do what works for you. It's not up to anyone else but the USCIS to figure out the legitimacy of an application. Fraud and dishonesty are definitely not exclusive to any one type of immigration process. That's why there are policies and guidelines.

Reading from your story, did you quit your corporate job over the phone when you decided to stay on longer in the US?

[shrl 8]

Not over the phone, but through chat. I had worked at the company for seven years, so I already had a great relationship with my bosses which made it easier.

Reading from your story, did you quit your corporate job over the phone when you decided to stay on longer in the US?