Lawyer or no Lawyer

[bigb42 0]

Hi guys, I am new to this forum and just want to get some help if you can. I am currently engaged to a US Citizen and I am in Australia. I am going to the states in July to get married and then my Fiance and I will decide whether to live in the states or move to my home country Australia.

First question: Is it easy to change status after getting married while coming in as a tourist/visitor

Second question: We have contacted a Lawyer and they do not come cheap. Is it best in this situation to have a lawyer or to go at it by ourselves.

Thanks for your help in advance.

Cheers

[homesick_american 1]

Hi guys, I am new to this forum and just want to get some help if you can. I am currently engaged to a US Citizen and I am in Australia. I am going to the states in July to get married and then my Fiance and I will decide whether to live in the states or move to my home country Australia.

First question: Is it easy to change status after getting married while coming in as a tourist/visitor

Second question: We have contacted a Lawyer and they do not come cheap. Is it best in this situation to have a lawyer or to go at it by ourselves.

Thanks for your help in advance.

Cheers

You can change status if you get married after entering as a tourist, but if you reveal at immigration that you intend to marry you may be denied entry.

As long as you don't have anything hinky in your background like criminal convictions or overstays on visas in the US or weird medical conditions, your application should be straightforward and you should not need a lawyer. Usually you only need a lawyer if things go pear-shaped.

However, I think that you guys need to figure out where you're going to live before you get married. Just a thought.

[Niels Bohr 72]

Lawyer is a waste of money when you can do it yourself. If you can read, you can eliminate costly expenses. A Lawyer means that they graduated with a degree that they learned how to read. No offense Tim Daisy. It's pretty much the same for all degrees. I have an Engineering Degree. It just means that we learned how to read, and apply.

Edited April 15, 2007 by consolemaster

[bigb42 0]

Thanks guys

[Yodrak 7]

bigb42,

First question: It's as easy as adjusting (not changing) status from any other non-immigrant status, but "easy" isn't the right word to use - the correct word is 'risky'. And the answer is 'yes'. The anecdotal evidence is that the risk is low, but for those who lose the bet the consequences are severe.

Second question: You have clearly expressed your intention of entering the USA as a visitor with the pre-conceived intent of remaining as an immigrant. This is not permissable. If you want to try it you should definitely have a consultation with a US immigration attorney. After you've learned what you need to know from the consultation, if you decide to continue with your plan you can make a more informed decision as to hiring an attorney.

Yodrak

Hi guys, I am new to this forum and just want to get some help if you can. I am currently engaged to a US Citizen and I am in Australia. I am going to the states in July to get married and then my Fiance and I will decide whether to live in the states or move to my home country Australia.

First question: Is it easy to change status after getting married while coming in as a tourist/visitor

Second question: We have contacted a Lawyer and they do not come cheap. Is it best in this situation to have a lawyer or to go at it by ourselves.

Thanks for your help in advance.

Cheers

Edited April 16, 2007 by Yodrak

[meauxna 15]

You can change status if you get married after entering as a tourist, but if you reveal at immigration that you intend to marry you may be denied entry.

As long as you don't have anything hinky in your background like criminal convictions or overstays on visas in the US or weird medical conditions, your application should be straightforward and you should not need a lawyer.

That's not exactly what the US Gov't says about it:

http://www.uscis.gov/files/article/A2.pdf

What if my fiancé(e) uses a different kind of visa, or enters as a visitor without visa, to come here so we can get married?

There could be serious consequences. Attempting to get a visa or enter the U.S. by saying one thing when you intend another may be considered immigration fraud, for which there are severe penalties. Those penalties include restricting a person’s ability to get immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to five years. It is not appropriate for your fiancé(e) to enter the U.S. as a visitor with the intent to marry you and remain to try to become a permanent resident. It is appropriate, however, to enter as a visitor to have the wedding in the U.S. and then return to a foreign residence for further processing for U.S. immigration as a spouse.

You should come prepared with proof of your clear intentions in this regard.

[Singers 0]

I can tell you that I have learned this: There is a 30 day 'rebuttal' presumption if you try to adjust your status. Meaning: if you try to adjust your status within 30 days of entering the country under a non-immigrant visa, the US government automatically assumes you are commiting immigration fraud. The burden is on YOU to prove that you didn't know you were coming here to get married and adjust status.

[Magnolia31 0]

Hi!

I know many people on this board have done the paperwork all alone but we actually hired a well-known lawyer named Jim Phair. He specializes in K-1 and K-3 Visas and he was pretty accurate and on point about everything. We decided to go with him for the reason of feeling more at ease and confidence. He told us step by step what needed to be done and in my honest opinion, he made the entire process simpler. He charges $485 but his services are well worth it. If you do a search for him on google, type in Jim Phair, immigration attorney and you will find numerous sites about him. His website is located at http://www.fianceevisas.net/

Good luck!

Hi guys, I am new to this forum and just want to get some help if you can. I am currently engaged to a US Citizen and I am in Australia. I am going to the states in July to get married and then my Fiance and I will decide whether to live in the states or move to my home country Australia.

First question: Is it easy to change status after getting married while coming in as a tourist/visitor

Second question: We have contacted a Lawyer and they do not come cheap. Is it best in this situation to have a lawyer or to go at it by ourselves.

Thanks for your help in advance.

Cheers

[Magnolia31 0]

LOL, never mind. I thought you were inquiring about a fiancee visa. I would definitely go that route and NO the way you plan on doing it. A friend of mine did it the way you intend and she got deported and now cannot apply for a visa. Her husband had to move to Germany and it took a while before he found a job there. I would not risk that. Get a fiancee visa -it's safer.

Sorry i misunderstood your first post. My mind isn't functioning that well today because my day has been a bit horrible.

Hi!

I know many people on this board have done the paperwork all alone but we actually hired a well-known lawyer named Jim Phair. He specializes in K-1 and K-3 Visas and he was pretty accurate and on point about everything. We decided to go with him for the reason of feeling more at ease and confidence. He told us step by step what needed to be done and in my honest opinion, he made the entire process simpler. He charges $485 but his services are well worth it. If you do a search for him on google, type in Jim Phair, immigration attorney and you will find numerous sites about him. His website is located at http://www.fianceevisas.net/

Good luck!

Hi guys, I am new to this forum and just want to get some help if you can. I am currently engaged to a US Citizen and I am in Australia. I am going to the states in July to get married and then my Fiance and I will decide whether to live in the states or move to my home country Australia.

First question: Is it easy to change status after getting married while coming in as a tourist/visitor

Second question: We have contacted a Lawyer and they do not come cheap. Is it best in this situation to have a lawyer or to go at it by ourselves.

Thanks for your help in advance.

Cheers

[Bob in the Bay 0]

a.

First question: Is it easy to change status after getting married while coming in as a tourist/visitor

Second question: We have contacted a Lawyer and they do not come cheap. Is it best in this situation to have a lawyer or to go at it by ourselves.

Cheers

I am in the same boat and we contacted a lawyer, you do not want to get married within 30 days of entering the US on a visitor visa, it will be assumed that you entered the US on a visitor visa with the intent to get married and you will be deported, you want to wait a miniumum of 60 days or even better 90 days.

[pushbrk 13,066]

a.

First question: Is it easy to change status after getting married while coming in as a tourist/visitor

Second question: We have contacted a Lawyer and they do not come cheap. Is it best in this situation to have a lawyer or to go at it by ourselves.

Cheers

I am in the same boat and we contacted a lawyer, you do not want to get married within 30 days of entering the US on a visitor visa, it will be assumed that you entered the US on a visitor visa with the intent to get married and you will be deported, you want to wait a miniumum of 60 days or even better 90 days.

Such advice is risky at best. I'm not a moderator but I would suppose it is also a violation of VJ terms of service. Intention is intention. The OP indicates the couple intends to marry in the US while one of them is here on a tourist visa. It's ok to do that but it is visa fraud to subsequently apply to adjust status based on that marriage, regardless of how long they wait to file the adjustment paperwork.

The OP indicates they haven't decided yet where they want to live. My suggestion is that they follow through with their plans to marry. Once the decide where they want to live, they can check into the legal procedures involved in implementing their decision. There's no need to jump the gun but it is good to know the options ahead of time. Let's help people do this the legal way.

[AnneiyAndJacky 0]

bigb42,

First question: It's as easy as adjusting (not changing) status from any other non-immigrant status, but "easy" isn't the right word to use - the correct word is 'risky'. And the answer is 'yes'. The anecdotal evidence is that the risk is low, but for those who lose the bet the consequences are severe.

Second question: You have clearly expressed your intention of entering the USA as a visitor with the pre-conceived intent of remaining as an immigrant. This is not permissable. If you want to try it you should definitely have a consultation with a US immigration attorney. After you've learned what you need to know from the consultation, if you decide to continue with your plan you can make a more informed decision as to hiring an attorney.

Yodrak

Hi guys, I am new to this forum and just want to get some help if you can. I am currently engaged to a US Citizen and I am in Australia. I am going to the states in July to get married and then my Fiance and I will decide whether to live in the states or move to my home country Australia.

First question: Is it easy to change status after getting married while coming in as a tourist/visitor

Second question: We have contacted a Lawyer and they do not come cheap. Is it best in this situation to have a lawyer or to go at it by ourselves.

Thanks for your help in advance.

Cheers

I agree with YODRAK!!!

[homesick_american 1]

You can change status if you get married after entering as a tourist, but if you reveal at immigration that you intend to marry you may be denied entry.

As long as you don't have anything hinky in your background like criminal convictions or overstays on visas in the US or weird medical conditions, your application should be straightforward and you should not need a lawyer.

That's not exactly what the US Gov't says about it:

http://www.uscis.gov/files/article/A2.pdf

What if my fiancé(e) uses a different kind of visa, or enters as a visitor without visa, to come here so we can get married?

There could be serious consequences. Attempting to get a visa or enter the U.S. by saying one thing when you intend another may be considered immigration fraud, for which there are severe penalties. Those penalties include restricting a person’s ability to get immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to five years. It is not appropriate for your fiancé(e) to enter the U.S. as a visitor with the intent to marry you and remain to try to become a permanent resident. It is appropriate, however, to enter as a visitor to have the wedding in the U.S. and then return to a foreign residence for further processing for U.S. immigration as a spouse.

You should come prepared with proof of your clear intentions in this regard.

Yes, I know what the US government says but there are tons of people here who did the marriage on tourist visa/AOS route.

[pushbrk 13,066]

You can change status if you get married after entering as a tourist, but if you reveal at immigration that you intend to marry you may be denied entry.

As long as you don't have anything hinky in your background like criminal convictions or overstays on visas in the US or weird medical conditions, your application should be straightforward and you should not need a lawyer.

That's not exactly what the US Gov't says about it:

http://www.uscis.gov/files/article/A2.pdf

What if my fiancé(e) uses a different kind of visa, or enters as a visitor without visa, to come here so we can get married?

There could be serious consequences. Attempting to get a visa or enter the U.S. by saying one thing when you intend another may be considered immigration fraud, for which there are severe penalties. Those penalties include restricting a person’s ability to get immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to five years. It is not appropriate for your fiancé(e) to enter the U.S. as a visitor with the intent to marry you and remain to try to become a permanent resident. It is appropriate, however, to enter as a visitor to have the wedding in the U.S. and then return to a foreign residence for further processing for U.S. immigration as a spouse.

You should come prepared with proof of your clear intentions in this regard.

Yes, I know what the US government says but there are tons of people here who did the marriage on tourist visa/AOS route.

I expect you are correct. There are also tons of people who tried it with disastrous results. I'll dare the IRS to audit me but I won't risk my family's future by taunting USCIS. To each his own.

[meauxna 15]

Yes, I know what the US government says but there are tons of people here who did the marriage on tourist visa/AOS route.

And, since it's against the law to plan that in advance, it's our mutual agreement here at VJ that we don't encourage or educate folk on how to break the law by planning to enter the US as a tourist with the intent to adjust their status to PR.

What other people do or get away with doesn't really matter, does it?