Just got married to USA resident

[Hypnos 6,576]

1 hour ago, injejo14 said:

...assuming one enters with no intent to get married then it is legal to adjust your status.

 

It's legal regardless. See the aforementioned Matter of Cavazos and Matter of Battista. Intent alone, when it is the sole negative factor, cannot be the basis for a denial of an application for adjustment of status.

[injejo14 17]

2 hours ago, Hypnos said:

 

It's legal regardless. See the aforementioned Matter of Cavazos and Matter of Battista. Intent alone, when it is the sole negative factor, cannot be the basis for a denial of an application for adjustment of status.

Ugh, I feel like dying because i can't believe my attorney didn't consider this when she advised me initially. I filed my I-130 with consular processing and i am due to leave the US soon as my 6-month stay expires, while all along i could have stayed & adjusted so i wouldn't be separated from my husband and son. (my husband and son are US citizens)

[Hypnos 6,576]

Like hamburgers or politicians, some attorneys are better than others. 

[injejo14 17]

Just now, Hypnos said:

Like hamburgers or politicians, some attorneys are better than others. 

touche!

 

[Diamond507 10]

5 hours ago, Sunnyland said:

 

You will be surprised of how many people do this...Come to US as visiting their bf/gf and then just marry and stay. A girl where I work she came from Germany and married her bf and decided to stay. Each day I feel like the idiot that decided to do it the right away. Being apart while doing K1. Oh Boy. At one point they will have to stop allowing this because otherwise everybody will just visit "with no intentions of marriage" and have it easier than the rest. 

 

I feel the same way. 

[Teddy B 17,251]

16 hours ago, injejo14 said:

I know, i erred on the side of caution, (i guess I'm too risk adverse) i had two attorney friends that were both adamant that they wouldn't file a petition to adjust in a situation like that for the sake of their reputation..Being apart sucks, at least I have been in the US on a visit but have to leave in a week's time.

 

Those two attorneys gave you bad advice.

 

[BritGirl88 43]

20 hours ago, injejo14 said:

Hi -- You may want to check with an attorney on this because, entering the US on a tourist visa with the intent of staying is visa fraud.  I had originally thought i could do this but our attorney suggested that i return back to my country after my 6-month visitor visa to do consular processing. "A person who enters the U.S. with no intent to get married and stay, who while visiting, spontaneously decides to marry and attempt to stay may be able to do so. However, you must convince the government that this was not your intent all along"

You don't have to prove anything to them. It's a misconception that many people have. Your intent is determined at the point of entry. If you are permitted to enter the country then you are free to Adjust Status and your intent is not even brought up. 

 

19 hours ago, Sunnyland said:

 

You will be surprised of how many people do this...Come to US as visiting their bf/gf and then just marry and stay. A girl where I work she came from Germany and married her bf and decided to stay. Each day I feel like the idiot that decided to do it the right away. Being apart while doing K1. Oh Boy. At one point they will have to stop allowing this because otherwise everybody will just visit "with no intentions of marriage" and have it easier than the rest. 

It's not necessarily "easier than the rest" or "the right way". There are different routes for different situations. Not everyone's situation is the same so that's why there are different immigration routes available. It may have been the right way for you personally, but not necessarily "the right way" overall.

[azblk 338]

5 hours ago, BritGirl88 said:

You don't have to prove anything to them. It's a misconception that many people have. Your intent is determined at the point of entry. If you are permitted to enter the country then you are free to Adjust Status and your intent is not even brought up. 

 

It's not necessarily "easier than the rest" or "the right way". There are different routes for different situations. Not everyone's situation is the same so that's why there are different immigration routes available. It may have been the right way for you personally, but not necessarily "the right way" overall.

Very eloquently stated. Now if only we saw it that way instead thinking because some did it different from how i did it they must be cheating.