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hanson32

Adjusting status on visitor's visa, but married

By hanson32 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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hanson32 Rookie

hanson32   0

Posted
Filed: Timeline
Posted

Hello,

If my wife enters on her visitor's visa can she adjust status here? We will already be married in Poland and plan on returning to the US together with her visitor's visa. Can we adjust status here??

Thanks for your replies!

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted (edited)

hanson,

She can try. However, in the circumstances you describe it's not allowed. So unless she misrepresents herself, and does not get caught, she should be denied.

Yodrak

Hello,

If my wife enters on her visitor's visa can she adjust status here? We will already be married in Poland and plan on returning to the US together with her visitor's visa. Can we adjust status here??

Thanks for your replies!

Edited by Yodrak
buratino1117 Newbie

buratino1117   0

Posted
Filed: Other Timeline
Posted
hanson,

She can try. However, in the circumstances you describe it's not allowed. So unless she misrepresents herself, and does not get caught, she should be denied.

Yodrak

Hello,

If my wife enters on her visitor's visa can she adjust status here? We will already be married in Poland and plan on returning to the US together with her visitor's visa. Can we adjust status here??

Thanks for your replies!

elgringo Enthusiast

elgringo   0

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
Posted

You can try to do that, but if they find out you were already married in Poland then she would be committing visa fraud if she comes to the US with the intention of living here, and you could be jailed or fined. The tourist visa is for tourists ONLY, not for relatives of US citizens to immigrate here to stay. If you wanted to do that legally you'd need to file for a K3.

Best thing would be to not get married in Poland first, or at least not officially anyways. Maybe just have a private ceremony but not actually sign any papers or submit it to the Polish government. It'd be better if there were no paper trail for the USCIS to find later.

2/23/07 - Mailed AOS packet to Chicago

2/25/07 - Package arrived in Chicago

3/05/07 - Checks cashed

3/05/07 - Received NOAs for I-765, I-485, & I-130!

3/09/07 - All touched

3/10/07 - Received biometrics appt letter

3/12/07 - All touched

3/13/07 - I-130 & I-765 touched

3/15/07 - I-485 touched

3/15/07 - Received email informing me that an RFE has been mailed to me about the I-485

3/19/07 - Received RFE for I-485 in the mail.

3/20/07 - Biometrics appt

3/21/07 - I-485 & I-765 touched

3/23/07 - Mailed back RFE with signature confirmation

3/26/07 - RFE was delivered to Lee's Summit, MO & was signed for by "Ashley Love"

3/27/07 - Received email saying that RFE has been received at MSC and that case processing has resumed

3/27/07 - I-485 touched

3/28/07 - I-485 touched

4/17/07 - I-765 & I-130 touched

4/18/07 - All touched

4/19/07 - All touched

5/10/07 - I-765 touched

5/14/07 - Received interview notice in the mail! Interview will be on July 18!!!

5/15/07 - I-765 touched!

5/15/07 - Received email saying that EAD card production has been ordered!!!!!!!!!!!!!!!!!!!!!!!

5/16/07 - I-765 touched

5/19/07 - Received EAD in the mail!!!!!!!!

5/21/07 - I-765 touched

7/18/07 - Had interview in Memphis, TN! GC Approved!!!

7/23/07 - Received Welcome Letter (with notice date of July 19th) in the mail.

7/24/07 - Received Card Production Ordered email!

8/02/07 - Received Permanent Resident Card!!!! No more USCIS until 2009!!!!!

John and Sonya Explorer

John and Sonya   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Ukraine
 Timeline
Posted
You can try to do that, but if they find out you were already married in Poland then she would be committing visa fraud if she comes to the US with the intention of living here, and you could be jailed or fined. The tourist visa is for tourists ONLY, not for relatives of US citizens to immigrate here to stay. If you wanted to do that legally you'd need to file for a K3.

Best thing would be to not get married in Poland first, or at least not officially anyways. Maybe just have a private ceremony but not actually sign any papers or submit it to the Polish government. It'd be better if there were no paper trail for the USCIS to find later.

No,, the best way is to do it right and legally. If caught, you are talking a long ban from US. Is it worth it? Apply for your K-3, wait like everyone else, 3-9 months, but apply for a toursit visa, 50/50 chance you will get, even more so since she has had a tourist visa already and returned like she was suppose to. BAD ADVICE!!! And read the rules of this site, keep it legal!!!!

11/10/06 - Married in Ukraine

11/14/06 - I-130 Petition filed and approved

12/08/06 - First interview - we cancelled - shot ourselves in the foot for this!!!!

01/23/07 - 2nd Interview was cancelled due to Adam Walsh Act

02/13/07 - Sonya recieved her 5 year B-2 Tourist Visa

02/21/07 - Sonya arrives in America

02/26/07 - We are told of new interview on 3/8, but she is in america

03/08/07 - Cancelled interview, Sonya is in America

04/16/07 - Fly back to Ukraine

04/25/07 - FINALLY!!!! LOL Interview and VISA approved!!!

04/27/07 - VISA delay due to Sonya's name misspelling - Embassy typo in database

05/02/07 - Called DOS Washington - name check cleared for Sonya - but

told us no VISA was approved for daughter

05/03/07 - Embassy says VISA printed 5/2, but we caught that they forgot VISA for daughter

and the courier entered wrong address to mail VISA - SO MANY TYPO's & MISTAKES :(

05/08/07 - VISA YEAH!!!! FINALLY!

05/23/07 - Back to America - Well almost - Airlines messed up and sent daughters ticket to Chicago

05/30/07 - They finally made it!!! :)

07/03/07 - Green cards recieved

07/06/07 - Applied for SS card at local office, DS-230 application lost

2/19/2010 - Everything is great!!! We now live in South Carolina - Sonya has applied for her citizenship!! She attends USC for her BSN. Her mother has made 3 trips to US.

notrepetiteashley Community Regular

notrepetiteashley   0

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

If you are going to be already married at the time, no, I do not think it is a good idea. Don't risk it.

Congratulations on your upcoming marriage! :)

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

pushbrk Grand Master

pushbrk   12,994

Posted
Filed: Other Country: China
 Timeline
Posted
If you are going to be already married at the time, no, I do not think it is a good idea. Don't risk it.

Congratulations on your upcoming marriage! :)

I agree. There is nothing specifically stopping her from using her tourist visa to visit you while the visa is valid and for the length of stay granted, but you need to file for CR1 or K3. She'll need to return to Poland for the interview.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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