Marriage on P1 Visa. HELP NEEDED.

[Torti86 0]

Hey everybody!

My Name is Torti and I am from Germany. I am reading this forum for quite a while now but never found any exact answer to my special (?) Question(s).

First of all I think it's very cool that a lot of people seem to be helped out here so I hope I might get some advice or even hopefully some reliable facts too.

I am a musician and Touring the US quite a lot. I have a p1 Visa the second year in a row now. It's valid until late summer 2017. But also play a lot in Europe so I go forth and back on a regular Basis. My girlfriend is from Florida and we are together for some years now and decide to get married and.live together in FL. (We already rented a house) So I wonder what the rules are or regulations on getting married on a p1 Visa.

I am coming over for a US Tour in late August and then go back to Europe again in November to play another European run. After that I gonna come back to the US in december to come see my girlfriend, rehearse, write Songs and do business stuff. Than I would like to leave again sometime in April. (2017)

My Main question is if it's possible to get married after the US Tour sometime in October, leaving back to Europe and file for AOS once I am back in December. (As AOS wouldn't make sense right after marriage as I need to leave again)

So, is that legal? Okay? Would that work?

An Immigration lawyer I have asked told me exactly that way to go and that it would be fine. I read so many different things now that I kinda don't know nothing anymore. Everybody is saying different things. In a German forum people say it is fine too. But I have read elsewise as well.

Especially as p1 is ALLOWED to file for AOS (that's what official Internet pages say) and seems to be Dual intent. (I don't even know if I understood What that is though exactly) BUT it's still a non-immigrant Visa and I wonder if it still would be okay to come back in December and do AOS right away. Or would I become trouble as authorities would say I came with the Immigration Intent only?!

The other option would be to get married in December as soon as I am back and file AoS right away. But then it might look even more like a Immigration Intent only? (If that even a Problem.with p1?)

Does that matter as I have a legit valid Visa to be in the US? Does the p1 make these things easier?

Once I do AoS I kinda know that I have to wait for Advanced parole, but as I already have a work Visa can I continue to work or does the p1 visa becomes invalid?

I would be very very grateful if you guys could help me out.

Cheers.

[Ontarkie 14,226]

~~Moved to What Visa Do I Need, from K1 P&P - As the OP has is just starting to look into his options.~~

[NigeriaorBust 4,087]

Entering the US with a non immigrant visa with the intent of immigrating is fraud. When you arrive tell the officers that you are coming to stay in the US via filing AOS with you wife and see how quickly you will be on the next plane home. You need to file for the I130 which takes about a year and continue to use your p1 to enter and leave during that year.

[JFH 12,190]

As the P-1 visa is not an immigrant visa you cannot use it to enter the USA and stay. The fact that you have a P-1 has no influence on your case at all and does not alter the process. You need to either:

- start the K-1 process for a fiancé, when it is approved you have 6 months to move to the USA and once your feet touch the ground there you have 90 days to get married and then file for adjustment to permanent resident. For a period of time you won't be able to work so might not be suitable for you?

- get married (anywhere - just needs to be a legal marriage, can be in the USA, in Germany, on a beach in the Caribbean, on a cruise ship, wherever you want...) and start the CR-1 process. Once approved you have 6 months to move to the USA and you are a permanent resident upon arrival. You can then work without needing the P-1.

You can continue to visit during the process and if your P-1 remains valid during that time you can use that. Obviously any entry into the country is at the discretion of the CBP officer on arrival but you know that already, I'm sure.

Edited August 7, 2016 by JFH

[Torti86 0]

Ok. Crazy that the lawyer said somethinv which sounds so different from what you guys just said.

Thank you guys anyways!

I we would go for the CR-1 VISA would I leave the US righg away while we are doing that or can I stay for longer periods if time with my lady? As the p1 actually allows to be here as much as I want/need to for a period of one year.

And can I still Tour here in the US while having a pending CR-1?

Thank you guys very much.

Edited August 7, 2016 by Torti86

[JFH 12,190]

The lawyer either misunderstood you or only told you half the story.

It is possible to file adjustment of status from a non-immigrant visa if you are the spouse of a USC - BUT only if that was NOT your intention when you arrived in the country. So it's not possible to plan that in advance. If, however, you were there now and decided to marry and stay (and that decision was made after you arrived at the airport) then it would be possible. It's a fine line...

You can still use your P-1 whilst the CR-1 is pending. Likely you will be questioned further at the border because spouses of USCs are often viewed with suspicion by CBP officers, regardless of the visa type or waiver that they are using to enter the country to visit. Sadly, people have broken the rules in the past (and continue to do so) so we are all seen as potential illegal immigrants and overstayers. That's life. You wouldn't have to leave the USA immediately after the wedding if you are doing CR-1. You can stay as long as you have permission for on your entry stamp in your passport but you must return to your home country for your medical and interview. You will also need to gather various civil documents such as birth certificate and police check.

Edited August 7, 2016 by JFH

[Torti86 0]

Thanks for your further Feedback.

As I DO have a real work Visa and I am alowed to stay legally until end of August 2017 plus having the permission for multiple entries (says the Visa in my passport) I technically could:

Get married in October, have me and my lady doing the CR1 and live and play music here and leave whenever I need to go to Europe for Touring, right?

Of course I am aware of me having the final Interview in my home country and get all the paperwork and documents together as well as the medical exam and so on. I read all that and know where to get it.

Sorry for double checking and asking so much, I am just looking for a legal way to spend as much time with my lady in the USA and finally will be able to stay with her in the US for good.

Thank you. Every hint is welcome.

[JFH 12,190]

Thanks for your further Feedback.

As I DO have a real work Visa and I am alowed to stay legally until end of August 2017 plus having the permission for multiple entries (says the Visa in my passport) I technically could:

Get married in October, have me and my lady doing the CR1 and live and play music here and leave whenever I need to go to Europe for Touring, right?

Of course I am aware of me having the final Interview in my home country and get all the paperwork and documents together as well as the medical exam and so on. I read all that and know where to get it.

Sorry for double checking and asking so much, I am just looking for a legal way to spend as much time with my lady in the USA and finally will be able to stay with her in the US for good.

Thank you. Every hint is welcome.

Yes, during the processing you can stay with your wife as long as your visa permits (and as long as the CBP officer stamps your passport upon arrival). Beware that even with a valid multi-entry visa the CBP officer can refuse entry or only allow you a limited amount of time - especially with a spouse in the USA. A visa is no guarantee you will be allowed to enter the country. It merely allows you to present yourself to the CBP officer at the airport and request permission (knock at the door, as it is often labelled).

[Torti86 0]

Thanks. But "once I am in" I can stay as long as my Visa officially allows, right? I know that visa is no guarantee.

Edited August 8, 2016 by Torti86

[mindthegap 2,590]

Sorry to disagree with the other posters here, but I believe that your attorney is correct.

A P1 (broadly similar to O1, but with a lesser standard of proof of ability and for groups, not individuals) is indeed classed as dual intent and you would be eligible to adjust from in the way you describe.

Since you say you aren't sure what the term 'dual intent' means, it broadly means that certain U.S. visas allow aliens to enter and be lawfully present in the U.S. using their visa but also while being able to have immigrant intent. Aliens holding dual intent visas can enter the US for temporary work purposes as per the terms of their visa but while also simultaneously seeking and pursuing lawful permanent resident status.

P, O, E, H1B, and L visas are all classed as dual intent. If you tried the same on a B, F, J, or via the VWP you would be committing immigration fraud by having the intent to adjust.

Think about it logically - the K1 is actually classed as a non-immigrant visa, but is issued with the intent to marry (albeit in a restricted timeframe) and to adjust to LPR based on that marriage. If a K-1 wasn't a dual intent visa, you wouldn't actually be allowed entry on it due to the very clear intent to marry and adjust status!

So in answer to your question.....

My Main question is if it's possible to get married after the US Tour sometime in October, leaving back to Europe and file for AOS once I am back in December. (As AOS wouldn't make sense right after marriage as I need to leave again)

So, is that legal? Okay? Would that work?

is, yes it is legal, and yes it will work, and it doesn't matter if you marry in October or December.

If you file your AOS in December, you should almost certainly have all the paperwork in hand you need to be able to leave the country and resume your touring in April.

While waiting for your Advanced Parole, you cannot leave the country, but you can continue to work in the US as per the terms and validity of your current P1.

I suggest speaking to an attorney in the US who specialises in P and O visas as they more than likely will have done many AOS from them.

[Torti86 0]

Hey mindthegap.

Thank you very much for your post and thoughts.

What you are saying is pretty much exactly what the lawyer said plus a lot of people in a German forum for German immigrants to the US. They said it's legal too.

Of course I take everybody's thoughts here very serious. that's why I asked in the first place.

May I ask where you know all this from and What makes you so sure about this?

I mean it truly would be the perfect scenario.

Kind Regards

[mindthegap 2,590]

Hey mindthegap.

Thank you very much for your post and thoughts.

What you are saying is pretty much exactly what the lawyer said plus a lot of people in a German forum for German immigrants to the US. They said it's legal too.

Of course I take everybody's thoughts here very serious. that's why I asked in the first place.

May I ask where you know all this from and What makes you so sure about this?

I mean it truly would be the perfect scenario.

Kind Regards

Sure... there are lots of O1s & P1s in my industry and I have several friends, colleagues and clients who have done exactly what you propose. Some have done it under EB1, some have done it via marriage. End result is the same.

It was an option for me at one point via an O1, but my permanent residence was via marriage (CR-1/DCF) instead.

[Torti86 0]

That´s cool.

May I ask why you did go for the CR1 in your particular case?

I just talked to another Lawyer again 2 hours ago. He said basically the same thing. He just said that it might be smarter to go the CR1 route because I would be more flexible regarding traveling In - and Outside the US as there is a certain time where you can´t leave the US while pending AOS.

Another thing he strongly recommended was to always bring proofs for binding ties to prove that you MAIN reason for you coming in the US is related to your visa classification (p1) and not for AOS. He said to bring prove for regular constant gigs and interviews, video shoots etc as well.

He though was´t exactly sure if we should always better wait 60 days after arrival before filing for AOS. You say that´s unnecessary, correct? right that be different because of my existing P1 instead of a tourist visa?

I mean I could go for the CR1, be more flexible bit somehow it feels like when I AoS in the US I somehow already have one foot in the door so to speak.

[mindthegap 2,590]

I did CR-1 via DCF simply because I already lived with my US citizen fiance (and of course subsequently my spouse) in the UK and had done for some years, so we were eligible to file for DCF, which is a lot faster than the normal CR-1 process.

As you don't live together overseas, this is not an option for you.

[Torti86 0]

Do you think i would have problems coming forth and back to the US while having a pending CR1?

would I always need to provide proof of Things i have to do related to my p1 visa in order to get in?

Sorry for asking so much but i just don´t wann screw things up.