Married a week after arrival in US on Tourist Visa

[jaya_razz 20]

1 hour ago, Ruka said:

Now I can't help but think about all this again. does anyone know if the length of time between arrival in the US and getting married affects my chances at all of getting AOS approved? Would it have been better if we waited, say, a month after I arrived before getting married?

They said to follow the 90 day rule. But I think what matters now is you are able to prove to the immigration officer that your marriage is not fraudulent. Present documents/pictures to prove the timeline of your relationship. 

[Marco&Bettina 502]

50 minutes ago, jaya_razz said:

They said to follow the 90 day rule. But I think what matters now is you are able to prove to the immigration officer that your marriage is not fraudulent. Present documents/pictures to prove the timeline of your relationship. 

I've never heard of this 90 day rule.

[Daisy.Chain 317]

2 hours ago, Transborderwife said:

False.  Many aos on a tourist visa without heavy scrutiny.  Intent no longer matters 

After a week? It seems hard to believe that a USCIS agent would go for not having an intent to marry. Good luck! Use lots of proof of relationship!

[Transborderwife 4,666]

Just now, Daisy.Chain said:

After a week? It seems hard to believe that a USCIS agent would go for not having an intent to marry. Good luck! Use lots of proof of relationship!

Intent is established upon entry.  No longer an issue.

[Daisy.Chain 317]

2 hours ago, Ruka said:

Thank you very much!  

It's as I said above, we have discussed marriage before I came to visit him in the US but we never made any real/sure plans. It just happened. Right now I'm between staying here and filing AOS or returning to my home country and getting a Spouse Visa but I'm now leaning more on doing the former if there won't be any real problems doing it (like me being deported or something?).

As long as you can convince the USCIS people on your AOS that you had no plans to marry, then decided to marry on a whim and that you entered without prior plans of staying, then you should be OK.

 

Marriage FOR a permanent residency is of course fraud, as you clearly know.

[Daisy.Chain 317]

3 minutes ago, Transborderwife said:

Intent is established upon entry.  No longer an issue.

During AOS they look at the whole history - if they decide someone tried to beat the system, they could very well deny AOS. It sounds like the OP has lots of proof of relationship, though.

[Transborderwife 4,666]

1 minute ago, Daisy.Chain said:

As long as you can convince the USCIS people on your AOS that you had no plans to marry, then decided to marry on a whim and that you entered without prior plans of staying, then you should be OK.

 

Marriage FOR a permanent residency is of course fraud, as you clearly know.

OP does not have to do that as per matter of casavos and Batista which established that intent is not enough to deny aos

[Transborderwife 4,666]

3 minutes ago, Daisy.Chain said:

During AOS they look at the whole history - if they decide someone tried to beat the system, they could very well deny AOS. It sounds like the OP has lots of proof of relationship, though.

They cannot deny based on intent.  

[Daisy.Chain 317]

1 minute ago, Transborderwife said:

OP does not have to do that as per matter of casavos and Batista which established that intent is not enough to deny aos

I have seen it come up before on administrative processing for AOS, whether it should or not. It would be wise to be prepared with evidence of married life during ROC especially.

[Daisy.Chain 317]

Just now, Transborderwife said:

They cannot deny based on intent.  

Seen it done in clear fraud cases.

[Transborderwife 4,666]

Just now, Daisy.Chain said:

I have seen it come up before on administrative processing for AOS, whether it should or not. It would be wise to be prepared with evidence of married life during ROC especially.

If it came up, one only needs to direct them to matter of Casavos came Batista.  Many immigration lawyers will tell them to bring a copy with them as that shuts down that avenue

[Transborderwife 4,666]

4 minutes ago, Daisy.Chain said:

Seen it done in clear fraud cases.

Proof?

[Marco&Bettina 502]

1 minute ago, Transborderwife said:

Proof?

Right.

[Daisy.Chain 317]

4 minutes ago, Transborderwife said:

Proof?

It happened to a friend of my husband'sof mine several years ago from the DR. They did not know about this case or website, and neither did I at the time.

 

If the OP were to bring the case with them, presumably it would work. I would recommend having both the case and the proof of married life as soon as possible, especially as the latter will be needed to ROC. 

 

Am I misunderstanding something here? Do tourist visas directly moving to AOS not have to remove conditions? Why would they not need to send proof of their married life together?

[Transborderwife 4,666]

Just now, Daisy.Chain said:

It happened to a friend of my husband'sof mine several years ago from the DR. They did not know about this case or website, and neither did I at the time.

 

If the OP were to bring the case with them, presumably it would work. I would recommend having both the case and the proof of married life as soon as possible, especially as the latter will be needed to ROC. 

 

Am I misunderstanding something here? Do tourist visas directly moving to AOS not have to remove conditions? Why would they not need to send proof of their married life together?

If they're applying after two years of marriage they get a 10 year card and roc isn't needed.