Military hot line told us to get married and go adjustment of status instead?

[Lola B 39]

A lawyer recommended the same to us but we opted for the K-1  ...

... technically you are not allowed to travel to USA with the intent to get married - this can be considered illegal if they can prove it. There is also a waiting period before you can get married - I think 3 months.  

 

Also, I actually don't think that you are able to apply for the EAD unless you actually have a Visa: work or K-1 but you need a visa ... which would mean until your AOS is not approved you cannot apply for EAD. Having a K-1 allows you to apply faster for the EAD.

 

[A'n'L 735]

2 minutes ago, Lola B said:

A lawyer recommended the same to us but we opted for the K-1  ...

... technically you are not allowed to travel to USA with the intent to get married - this can be considered illegal if they can prove it. There is also a waiting period before you can get married - I think 3 months.  

 

Also, I actually don't think that you are able to apply for the EAD unless you actually have a Visa: work or K-1 but you need a visa ... which would mean until your AOS is not approved you cannot apply for EAD. Having a K-1 allows you to apply faster for the EAD.

 

No no no.

 

Anyone can marry in the US, no immigration status needed. Entering with the intent to stay is what's illegal (without immigrant visa).

 

A pending AOS allows for EAD, no prior visa needed.

 

[Lola B 39]

My understanding is that if you enter from Canada, you enter without an immigrant visa, if you enter with intent to marry, it's an intent to stay. 

This is why there is a minimum of 3 months (if I remember well) before you can actually get married otherwise it can be consider as fraud. 

 

 

[Suss&Camm 2,213]

5 minutes ago, Lola B said:

A lawyer recommended the same to us but we opted for the K-1  ...

... technically you are not allowed to travel to USA with the intent to get married - this can be considered illegal if they can prove it. There is also a waiting period before you can get married - I think 3 months.  

 

Also, I actually don't think that you are able to apply for the EAD unless you actually have a Visa: work or K-1 but you need a visa ... which would mean until your AOS is not approved you cannot apply for EAD. Having a K-1 allows you to apply faster for the EAD.

 

just wrong - all of it.

1. Intent is determined at POE - it's not illegal to decide to marry and AOS while in the US. (It's not illegal to enter to marry either, only if you have intent to AOS.

2. No waiting period - You probably mean the 30-60-90 rule of thumb.

3. Perfectly fine to apply for EAD - it will be on basis of pending AOS (i-485, (c )(9 ))

4. No doesn't allow you to apply faster, it's the same as anyone else.

1 minute ago, Lola B said:

My understanding is that if you enter from Canada, you enter without an immigrant visa, if you enter with intent to marry, it's an intent to stay. 

This is why there is a minimum of 3 months (if I remember well) before you can actually get married otherwise it can be consider as fraud. 

 

 

again - no this is not correct.

[geowrian 22,337]

4 minutes ago, Lola B said:

My understanding is that if you enter from Canada, you enter without an immigrant visa, if you enter with intent to marry, it's an intent to stay. 

This is why there is a minimum of 3 months (if I remember well) before you can actually get married otherwise it can be consider as fraud.

No....none of that is right. It makes no difference where you enter the US from...entering with intent to marry is fine, but entering with intent to stay/AOS is fraud. Canadians generally are not heavily scrutinized for immigrant intent, but the same rules apply.

There is no 3 month wait whatsoever for either marriage or immigration purposes (unless the state where you plan to marry has any such requirement...but I doubt any US state has that long of a wait).

[Lola B 39]

I guess we are all correct ... and we opted for the safe way... it's a personal decision I guess... and pretty sure there is a 90days rule but this may be only in Tx.

[Lola B 39]

... and i guess i was referring to 30, 60, 90days rule for adjustment of status in other words it is longer. You need to wait 90days to be safe before applying for AOS etc... As said case by case personal decison, always a challenge! Cheers

[Boiler 45,733]

19 minutes ago, Lola B said:

... and i guess i was referring to 30, 60, 90days rule for adjustment of status in other words it is longer. You need to wait 90days to be safe before applying for AOS etc... As said case by case personal decison, always a challenge! Cheers

 

 

No such rule, a common misunderstanding that has been dealt with on here many many times.

[geowrian 22,337]

37 minutes ago, Lola B said:

... and i guess i was referring to 30, 60, 90days rule for adjustment of status in other words it is longer. You need to wait 90days to be safe before applying for AOS etc... As said case by case personal decison, always a challenge! Cheers

No, you don't. The "rule" is a DOS item, not USCIS. But they don't matter anyway as intent is established at POE and is not cause for a denial of AOS, according to Matter of Battista and Matter of Cavazos.

[NikLR 13,228]

Jeepers peoples...

OP go ahead and marry.  Obviously this wasn't your intent when entering!

Apply for AOS as soon as you have a copy of the marriage certificate, tgat way in about 3-4 months with AP you can return to grab your cat and bring some stuff with you.  

[Ontarkie 14,306]

~~Duplicate thread removed. Please do not post more then one thread for the same or related topic.~~ 

~~Thread also moved to Military Related Immigration,  from K1 P&P~~

Edited June 23, 2017 by Ontarkie

[Rocko20 159]

I'm a bit surpised at this thread as I didn't know a foreigner could get married in America then adjust for status and stay in American for the entire process. I understand the part where you go to America on a tourist visa, find love, get married, and adjust for status. But I thought the person still had to leave the country  at the conclusion of their visa.

 

Reading this site says it is indeed possible to travel to America on a tourist visa, find love, get married, adjust for status, and convince the immigration officer it was not preconceived, but that it's also difficult. Nevertheless, obviously Canada is a low risk country a long with being a visa waiver country so the OP would be good to go.

 

Quote

Occasionally, people do get married in the United States while on a tourist visa. They successfully adjust their status to permanent resident without having to return home. How does this happen? The trick to changing status from a tourist visa or visa waiver is to prove that there was no premeditated intention to get married, but it was a spontaneous decision. Convincing the immigration officials that the marriage was not intentional and persuading them to allow a change of status is difficult, but not impossible.

https://www.prideimmigration.com/marry-us-citizen-tourist-visa/

 

 

Edited June 25, 2018 by Rocko20

[CEE53147 559]

It depends on the immigration/citizenship status of the US resident.  Overstays are forgiven ONLY for spouses of USC.

[Ontarkie 14,306]

~~Year old thread locked to further replies.~~