Visit and marry tourist visa

[Killer_Clown_2009 0]

I agree, I'm sure it does happen, but I see a couple posters who when responding to questions about adjustment of status from a tourist visa state things like " You WILL have to prove that you didn't intend to immigration" (along with warnings of deportation) and really that's just not true in all cases.

Edited May 9, 2007 by jane2005

[andi598d 0]

Having come here on VWP and ended up marrying and applying for a green card, I can but recommend against this course of action in the strongest possible terms. Don't. Just /don't./ It's not worth sweating bullets over whether your proof of intend is sufficiently airtight, what the CIS folks are going to think, worrying about what to do in the case of a denial, or even better, being taken from the interview to the airport... It might seem easier to do it that way, but the truth is, it isn't.

Did they ask to see proof of your intentions at the interview? There are many people here who have never adjusted status from a tourist visa with all these doom and gloom predictions about proving intent, yet it seems to rarely be an issue at anyone's interview.

As I said before, presumably, no point in bringing it up. I submitted considerable amounts of paperwork showing that I had every intent of returning to Germany and a well-paid job allowing me to pursue a university degree on the side, and walked out on all of that /after/ getting married. From the looks of that documentation when I caught a glimpse of it in my file, it had been seriously worked with and checked out.

[Dr_LHA 3]

andi598d: I still don't understand how you submitted this paperwork proving your non-intent to them? After all no evidence like that is required to be submitted along with the AOS form.

[Kez/JWolf 6]

Having come here on VWP and ended up marrying and applying for a green card, I can but recommend against this course of action in the strongest possible terms. Don't. Just /don't./ It's not worth sweating bullets over whether your proof of intend is sufficiently airtight, what the CIS folks are going to think, worrying about what to do in the case of a denial, or even better, being taken from the interview to the airport... It might seem easier to do it that way, but the truth is, it isn't.

Did they ask to see proof of your intentions at the interview? There are many people here who have never adjusted status from a tourist visa with all these doom and gloom predictions about proving intent, yet it seems to rarely be an issue at anyone's interview.

As I said before, presumably, no point in bringing it up. I submitted considerable amounts of paperwork showing that I had every intent of returning to Germany and a well-paid job allowing me to pursue a university degree on the side, and walked out on all of that /after/ getting married. From the looks of that documentation when I caught a glimpse of it in my file, it had been seriously worked with and checked out.

What evidence did you submit??? to show you had no intent....

Kez

[Killer_Clown_2009 0]

They were probably suspicious because you sent in unasked for information to prove that you didn't commit fraud. LOL.

[Lucky7 0]

One of my friends came in as a tourist and she got married to her boyfriend of 4 years when she came to visit him in U.S. (She used to live in U.S and she moved back to Japan for work) and she got her greencard without trouble. The process was normal, and I don't think it is a big deal as long as your marriage is not fake. It's a grey area.......it is not prohibited, but it is still allowed.

Edited May 10, 2007 by Lucky7

[Yodrak 7]

andi,

I'm going to have to remember this post for the threads where people ask about visiting the USA while their case is in progress, and the responders chant in unison, 'bring plenty of evidence of your ties to your home country'.

Immigration officers know perfectly well that people do as you did.

Yodrak

As I said before, presumably, no point in bringing it up. I submitted considerable amounts of paperwork showing that I had every intent of returning to Germany and a well-paid job allowing me to pursue a university degree on the side, and walked out on all of that /after/ getting married. .....

[Kez/JWolf 6]

I will just say that when I came over to stay with old family friends, (my now husband's parents) I did not bring any evidence with me.... I had been over on vaccation many times before and never thought about having evidence of my intent to return home.....

I think if you were to ask most tourists that are arriving in the US if they have brought evidence with them the answer would be "NO..... do we need it?"

You could have a mountain of evidence to send with your AOS and it wont prove anything other than you thought about it before you left home.....

You could have nothing more than your return flight ticket and that wont prove anything other than you paid for a return flight....

Kez

Edited May 10, 2007 by Niagaenola

[Dr_LHA 3]

I honestly think that the intent issue won't come up at AOS interview unless the IO has reason to believe the marriage is fake.

[Singers 0]

I know of one person (who has posted his story here and on other immigration boards) who did not understand or was not aware of the difference between tourist visas and spousal visas. His wife came on a tourist visa, they married and she was subsequently denied at her AOS interview (and I believe given voluntary departure rather than officially deported). She spent about 12 months outside of the US waiting for her 601 waiver to be adjudicated and approved. So it does happen - it's just not clear how often.

I'm very curious about this case KitKat1 mentioned then. Do you think they were denied because they told the IO that was their intent all along and therefore were denied based on that alone? Or were there other complications? I have to admit, I've been surfing around in regards to "intent" issues and haven't found much unless there was some kind of misrep/overstay/EWI involved...