Visit and marry tourist visa

[jandp 0]

Is it safe, acceptable to have my fiance here on toursit visa and marry, then file I-130 and I-485 and G325? Would there be any problem with that process and can she stay in USA during that wait time for I-130. Have others gone this direction with success, please share your stories and issues. I plan to contact the USCIS this week. There's a guide on there website that says this is legal to do. Ideas??? Thoughts?? Anyone!!! HELP..

[Kez/JWolf 6]

If she is already in the US and you have decided to get married then yes you can file for AOS and she can remain....

If she is not in the US and you plan for her to enter knowing you are to be married and file for AOS then that is visa fraud....

Kez

[YuAndDan 153]

It is not safe or acceptable to do that. Miss using a visa type for other than what it was meant for is VISA FRAUD. Pepole do enter on visitor's visa and do sometimes meat marry, but is only acceptable if it were not the intent.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

http://www.visajourney.com/forums/index.ph...page=i130guide2

It all boils down to INTENT, did you intend on mis-using a visitors visa to get married? That is what the K-1 visa is for.

[meauxna 15]

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.

[YuAndDan 153]

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.

:thumbs:

Yes they can grill people about why the visitors visa, and then marriage, they will look closely to determine the original intent of the visitors visa, sometimes interviewing the couple separately. To determine is visa fraud had been committed.

Be very very careful.

[kitkat1 5]

And since she will have to pack up her life in her country and not return there for quite some time, it will be rather obvious that she planned to marry on a tourist visa in advance. This could very well mean denial at adjustment of status and the need to return to her country and apply for a 601 waiver of inadmissability - not a fast or easy process.

Go for a K1 which is the correct way to do it if you already have intent to marry, which you do.

[Dr_LHA 3]

And since she will have to pack up her life in her country and not return there for quite some time, it will be rather obvious that she planned to marry on a tourist visa in advance.

She may already be in the country on a tourist visa, the OP didn't make that clear.

[elgringo 0]

As has been stated above, it all boils down to intent.

If your plan was for her to come here on the tourist visa and then get married, then that is visa fraud and if the USCIS can prove that you will be denied and fined, and your wife will get deported and be barred from re-entering for several years.

However, if she just came here on a tourist visa and you guys decided to get married "on a whim" (which is what happened in the case of me and my wife) then everything is ok. Just be prepared to prove that that is really what happened at the interview.

Edited April 16, 2007 by elgringo

[Yodrak 7]

As a practical matter, it all boils down what the USCIS believes his plan was.

Yodrak

As has been stated above, it all boils down to intent.

If your plan was .....

[Dr_LHA 3]

As a practical matter, it all boils down what the USCIS believes his plan was.

Also it really depends on whether USCIS gives a #######. More often than not I would say that people get away with coming here on VW and filing for AOS. Although there are cases where people are denied, these are few and far between. This is not meant to be advice, I just don't really see any strong evidence that USCIS are enforcing the "intent" issue.

[Singers 0]

I posted this in the K-3 forum but I'll post it again.

There is a 30 day rebuttal window in which the US government automatically assumes you committed fraud if you try to adjust within 30 days of entry (using a non-immigrant visa). The burden is on YOU to prove that you didn't. If you are beyond the 30 day window, then it is a little easier because it doesn't reek of 'intent' but the burden is still on you.

[kitkat1 5]

As a practical matter, it all boils down what the USCIS believes his plan was.

Also it really depends on whether USCIS gives a #######. More often than not I would say that people get away with coming here on VW and filing for AOS. Although there are cases where people are denied, these are few and far between. This is not meant to be advice, I just don't really see any strong evidence that USCIS are enforcing the "intent" issue.

A poster here just went through a grueling 601 waiver process during which time his wife had to return to her home country (for close to 12 months) all because they married when she entered on a tourist visa. In their case it was 100% clear she had intent and they didn't know the rules, but in the end, yes it was strongly enforced and she was deported.

p.s. the 30 day rule is largely believed to be a myth, perpetuated by lawyers.

[meauxna 15]

I posted this in the K-3 forum but I'll post it again.

There is a 30 day rebuttal window in which the US government automatically assumes you committed fraud if you try to adjust within 30 days of entry (using a non-immigrant visa). The burden is on YOU to prove that you didn't. If you are beyond the 30 day window, then it is a little easier because it doesn't reek of 'intent' but the burden is still on you.

<sigh>

Links strengthen your information.

[Kez/JWolf 6]

I posted this in the K-3 forum but I'll post it again.

There is a 30 day rebuttal window in which the US government automatically assumes you committed fraud if you try to adjust within 30 days of entry (using a non-immigrant visa). The burden is on YOU to prove that you didn't. If you are beyond the 30 day window, then it is a little easier because it doesn't reek of 'intent' but the burden is still on you.

This is a myth.... no such rule exists... there are people who have been on here who got married and filed for AOS within 30 days of arrival on a VWP/Tourist visa...

Most people who do AOS from a VWP/Tourist visa are not asked to prove anything at AOS interview.... but you could be!!!!

Kez

[Singers 0]

Even if it is a myth (and yes, I was told this during two different legal consults), I think common sense kinda kicks in there. You're going to raise flags if you try to adjust within 30 days.