Contradictory information! Please help

[Rhiannon 0]

Hey y'all - i've been lurking about these boards just about since I got engaged - and I've just had my first legal consultation and it's contradicting info gleaned from these boards -

My fiance is from Ireland but currently lives in Scotland and will soon be going to school in Canada for 8 months (how's that for complicated) - we're planning on having ceremonies in Ireland (march 22 - on his easter break) and the US (may 3 - after he is done with the program) of next year, and he wants to come here for good in May. This lawyer has suggested that he comes in May on a visitor visa and then stay after we get married - but i've read here that is not necessarily a good idea - I called her back and she said that's what we have to do....so what's up?

Please help! Thanks - we've read all the guidelines and lots of posts etc..

Rhiannon

[payxibka 10,045]

Where most people will have issue is what was the intent of the alien upon entry into the country? If the intent upon entry was to immigrate then gaining entry with a non-immigrant visa or VWP would be a violation. You would be hard pressed when trying to adjust status to explain that he did not have immigrant intent upon entry if the marriage occured within a few days or weeks.....

[Yodrak 7]

Rhiannon,

I suggest that you take the opposite approach to resolving your confusion - write down all of the reasons you read on VJ as to why this is not necessarily a good idea (I like the way you state it!) and then ask the lawyer to address those reasons. Ask not only about the risks, but about the consequences. (Some people approve of nuclear power because the risks are low and the benefits are demonstrable. Other people disapprove of nuclear power because although the risks are low the consequences are high - high enough to outweigh the benefits.)

The attorney knows the law (should, anyway) and the attorney will likely have a lot more experience with the situation than any VJer. If you are not comfortable that this attorney you are speaking with meets both of these conditinos then find another attorney who does.

In the end one makes a judgement call.

Yodrak

Hey y'all - i've been lurking about these boards just about since I got engaged - and I've just had my first legal consultation and it's contradicting info gleaned from these boards -

My fiance is from Ireland but currently lives in Scotland and will soon be going to school in Canada for 8 months (how's that for complicated) - we're planning on having ceremonies in Ireland (march 22 - on his easter break) and the US (may 3 - after he is done with the program) of next year, and he wants to come here for good in May. This lawyer has suggested that he comes in May on a visitor visa and then stay after we get married - but i've read here that is not necessarily a good idea - I called her back and she said that's what we have to do....so what's up?

Please help! Thanks - we've read all the guidelines and lots of posts etc..

Rhiannon

[Rhiannon 0]

Rhiannon,

I suggest that you take the opposite approach to resolving your confusion - write down all of the reasons you read on VJ as to why this is not necessarily a good idea (I like the way you state it!) and then ask the lawyer to address those reasons. Ask not only about the risks, but about the consequences. (Some people approve of nuclear power because the risks are low and the benefits are demonstrable. Other people disapprove of nuclear power because although the risks are low the consequences are high - high enough to outweigh the benefits.)

---

Hey thanks- that's a good idea. I'm getting a second opinion with a lawyer who has come personally recommended by someone who is going through the same process, and I'll bring a sheet of questions. I went to the other lawyer with a pretty thorough timeline, which I thought should be enough for $200! I still can't believe she was blithely expecting him to lie to the customs official when he came here for the wedding. I don't really want to do ANYTHING that might jeopardize our situation.

[Yodrak 7]

Rhiannon,

Immigration official.

Some people say, 'it's just semantics', but improper use of terminology is a leading cause of mis-communication. When you speak with this other attorney be sure that you both have the same understanding of what the terms that you use mean.

Yodrak

..... I still can't believe she was blithely expecting him to lie to the customs official ......

[CutienPurg 0]

I know 3 couples personally who have gone about this process in the way your lawyer recommended on the advice of their lawyers. The advice they were given was wait a few months into the visit to get married.

We knew it was an option when we started our journey but had heavy concerns with the risks.......we are the poster children for Murphy's Law and I am always POSITIVE I'll get caught lying.

Good Luck whatever you decide to do

[Rhiannon 0]

Rhiannon,

Immigration official.

Some people say, 'it's just semantics', but improper use of terminology is a leading cause of mis-communication. When you speak with this other attorney be sure that you both have the same understanding of what the terms that you use mean.

Yodrak

..... I still can't believe she was blithely expecting him to lie to the customs official ......

Well yes actually I meant immigration official, and when we talked we talked immigration. but thanks for catching the slip. my head is whirling with all this stuff! and it IS all about the details, from what I can see!

[Rhiannon 0]

I know 3 couples personally who have gone about this process in the way your lawyer recommended on the advice of their lawyers. The advice they were given was wait a few months into the visit to get married.

We knew it was an option when we started our journey but had heavy concerns with the risks.......we are the poster children for Murphy's Law and I am always POSITIVE I'll get caught lying.

Good Luck whatever you decide to do

CutienPurg, what did you end up doing? Another lawyer has suggested getting married when he visits here, and then have him leave, and somehow this will be okay if we have a signed affidavit from the lawyer? Have you heard of this?

[pushbrk 12,883]

I know 3 couples personally who have gone about this process in the way your lawyer recommended on the advice of their lawyers. The advice they were given was wait a few months into the visit to get married.

We knew it was an option when we started our journey but had heavy concerns with the risks.......we are the poster children for Murphy's Law and I am always POSITIVE I'll get caught lying.

Good Luck whatever you decide to do

CutienPurg, what did you end up doing? Another lawyer has suggested getting married when he visits here, and then have him leave, and somehow this will be okay if we have a signed affidavit from the lawyer? Have you heard of this?

That is perfectly acceptable. What is not legal and is visa fraud, is to arrive on a visitor or other visa not intended for immigration with the intent of marrying AND remaining in the USA to adjust status. As long as the foreigner doesn't overstay the visa they arrive on, and returns to their country to obtain an appropriate spouse visa, all is well. I don't know why you would need any affidavit or lawyer involvment. In another thread today, somebody mentioned coming from Canada to visit their boyfriend in the USA. The boyfriend had everything set up to elope, so they did. She then returned to Canada and they started the visa process. No worries.

However, if there is any actual indication a wedding is planned during the visit, it is possible that an immigration official may suspect immigrant intent and deny entry for the wedding. You would not want to mention wedding plans upon entry.

[CutienPurg 0]

I know 3 couples personally who have gone about this process in the way your lawyer recommended on the advice of their lawyers. The advice they were given was wait a few months into the visit to get married.

We knew it was an option when we started our journey but had heavy concerns with the risks.......we are the poster children for Murphy's Law and I am always POSITIVE I'll get caught lying.

Good Luck whatever you decide to do

CutienPurg, what did you end up doing? Another lawyer has suggested getting married when he visits here, and then have him leave, and somehow this will be okay if we have a signed affidavit from the lawyer? Have you heard of this?

we got married and he went back to Canada. we filed for a K-3 and Cr-1. I was too worried about the whole intent thing even though I think proving intent can be difficult if you dont get married for awhile.

[CutienPurg 0]

If I were you I'd get married in Canada and apply for a K-3

[Rhiannon 0]

I know 3 couples personally who have gone about this process in the way your lawyer recommended on the advice of their lawyers. The advice they were given was wait a few months into the visit to get married.

We knew it was an option when we started our journey but had heavy concerns with the risks.......we are the poster children for Murphy's Law and I am always POSITIVE I'll get caught lying.

Good Luck whatever you decide to do

CutienPurg, what did you end up doing? Another lawyer has suggested getting married when he visits here, and then have him leave, and somehow this will be okay if we have a signed affidavit from the lawyer? Have you heard of this?

we got married and he went back to Canada. we filed for a K-3 and Cr-1. I was too worried about the whole intent thing even though I think proving intent can be difficult if you dont get married for awhile.

So he came in on a visitor's visa and then you got married and then he went back? that sounds like the okay thing to do here--but we'll see what lawer number 2 says!

thanks for everyone's help/advice!

[Reba 2]

If I were you I'd get married in Canada and apply for a K-3

except then he'd have to go to Canada for the K3 interview, and he lives in Scotland. Kind of a round about way, and with added expense I'm sure they'd rather not have to pay.

[pushbrk 12,883]

If I were you I'd get married in Canada and apply for a K-3

except then he'd have to go to Canada for the K3 interview, and he lives in Scotland. Kind of a round about way, and with added expense I'm sure they'd rather not have to pay.

The fiance will soon be attending school in Canada. K3 visas, by law, must be adjudicated in the country the marriage took place, so wherever he was at the time of the interview, he would travel to Montreal for the interview.

Perhaps he would still be in school in Canada. Perhaps he would be visiting his wife in the USA. We don't know.

[misa 2]

I like Cutie's suggestion of getting married in Canada and applying for a K3. There's a good chance he will still be in Canada attending school when interview time rolls around.