BONIFIDE MARRIAGE- EVIDENCES - B1/B2

[Duke & Marie 1,389]

1 hour ago, Soon To Be Mrs. T said:

Can someone please enlighten me how getting married while on a B-1/B-2 Visa would work? Like, what kind of circumstances?

 

It just seems a little far-fetched to me that someone who got married while visiting did not have any intention of getting married at all.

 

I also thought that when someone gets married while on a B-1/B-2 Visa, they have to go back to their country and then apply for a Spouse Visa.

We got married using visa waver... we knew we would be getting married during that visit too (our sevent)... but there was never any intent on staying and I didn’t..... K1 didn’t seem a good choice for us, I think I’d go nuts not working and sitting home for months, hence our going CR1 after returning to home country... 

 

im not really sure about the whole B2 AOS... yes I know it’s “legal” but I’m with you.. unless you’ve had some wild night in Vegas and got married off the cuff, I don’t see how it’s not preemptive, very hard to know your not going to get married while on vacation.. also, I thought there had to be a valid reason / circumstances to Adjust... not just oh I changed my mind about going home so we got married Or we got married so I don’t wanna go home kind of thing.. but apparently not.. 

 

Oh well, I wish them luck I guess, hope they don’t end up regretting their decisions.. 

 

Edited November 5, 2019 by Duke & Marie

[Soon To Be Mrs. T 150]

26 minutes ago, Duke & Marie said:

im not really sure about the whole B2 AOS... yes I know it’s “legal” but I’m with you.. unless you’ve had some wild night in Vegas and got married off the cuff, I don’t see how it’s not preemptive, very hard to know your not going to get married while on vacation.. also, I thought there had to be a valid reason / circumstances to Adjust... not just oh I changed my mind about going home so we got married Or we got married so I don’t wanna go home kind of thing.. but apparently not.. 

Exactly! Now, I'm curious as to how those who did the Adjustment of Status from a Tourist Visa did it--it just seems pretty impossible to prove that one didn't intend to get married.

 

The only scenario that I could think of is if one gets pregnant and isn't able to go back their home country (to apply for a Fiancé/Spouse Visa) because they will be persecuted.

 

Quote

Oh well, I wish them luck I guess, hope they don’t end up regretting their decisions.. 

 

Ditto!

Edited November 5, 2019 by Soon To Be Mrs. T

[EandS2019 390]

2 hours ago, Soon To Be Mrs. T said:

Can someone please enlighten me how getting married while on a B-1/B-2 Visa would work? Like, what kind of circumstances?

 

It just seems a little far-fetched to me that someone who got married while visiting did not have any intention of getting married at all.

 

I also thought that when someone gets married while on a B-1/B-2 Visa, they have to go back to their country and then apply for a Spouse Visa.

A lot of people get approved adjusting status from B visas, as long as their intention wasn't to stay. Remember that intention is determined at POE. OP has enough ties to their home country to have a B Visa. I have read numerous times on this forum where people ended up getting married in the US, selling their houses, leaving their jobs back home, having entered the US with genuine intention to leave. The POE officer already determined that OP wasn't going to stay, as long as they were honest and everything adds up they will be fine.

 

Me personally, I couldn't leave my job etc so I went the K1 route, but I can see how someone else's circumstances may change. Someone else might feel the need to stay, hence the AOS option is available.

[Soon To Be Mrs. T 150]

11 minutes ago, Ethan & Shannon said:

Remember that intention is determined at POE. OP has enough ties to their home country to have a B Visa.

I guess that makes sense. I was thinking that they also had to prove that they didn't have any intention of getting married during the Adjustment of Status. However, if it is only at the Embassy/Consulate and at the Point of Entry, it is more plausible.

Edited November 5, 2019 by Soon To Be Mrs. T

[Nitas_man 3,100]

 

This is one from yesterday.  
Marriage from B visa involves entering, marrying, then filing the petition with AOS/AP/EAD with one package.  Once the package is filed the immigrant stays in the US until he/she is approved.

 

It’s highly scrutinized, the couple above got slapped with a Stokes interview which seems to not have gone so well.  
 

It’s a risky process because its a difference between what you said at POE when you arrived and what you actually did.  

We generally advise not to do it because if there is some small discrepancy found then the dominos start falling and in addition to starting over the immigrant has accrued overstay and possibly a misrep.  

 

Seen a lot of these cases go bad.  There’s no help here if they do.  
 

Wish these two best of luck.

Edited November 5, 2019 by Nitas_man

[Sparkle Sparkle 914]

You have known your spouse for 1 year and 6 months at least... Then you got to the USA on a B1/B2 and got married? You cannot adjust in the USA, you will go through consular application. You will have to go back before your I-94 expires... If you decide to stay and attempt adjustment your fraud will be found out because you knew your present spouse before you arrived the USA. Adjustment in the USA is a very Grey area that the government is working hard to close... It is reserved for people that arrived USA on B1/B2.... 'Met someone in the states' that is the key word and then married after 90days...if you marry before 90 days you can still be accused of fraud. The evidence you presently gathering will work against you because it proves you knew your spouse before you arrived the USA. 

[aaron2020 11,651]

6 minutes ago, Sparkle Sparkle said:

You have known your spouse for 1 year and 6 months at least... Then you got to the USA on a B1/B2 and got married? You cannot adjust in the USA, you will go through consular application. You will have to go back before your I-94 expires... If you decide to stay and attempt adjustment your fraud will be found out because you knew your present spouse before you arrived the USA. Adjustment in the USA is a very Grey area that the government is working hard to close... It is reserved for people that arrived USA on B1/B2.... 'Met someone in the states' that is the key word and then married after 90days...if you marry before 90 days you can still be accused of fraud. The evidence you presently gathering will work against you because it proves you knew your spouse before you arrived the USA. 

Oh brother.  More misinformation from you.  

 

 

[Sparkle Sparkle 914]

6 minutes ago, Sparkle Sparkle said:

You have known your spouse for 1 year and 6 months at least... Then you got to the USA on a B1/B2 and got married? You cannot adjust in the USA, you will go through consular application. You will have to go back before your I-94 expires... If you decide to stay and attempt adjustment your fraud will be found out because you knew your present spouse before you arrived the USA. Adjustment in the USA is a very Grey area that the government is working hard to close... It is reserved for people that arrived USA on B1/B2.... 'Met someone in the states' that is the key word and then married after 90days...if you marry before 90 days you can still be accused of fraud. The evidence you presently gathering will work against you because it proves you knew your spouse before you arrived the USA. 

You should also watch this video from youtube : 

 

[aaron2020 11,651]

There are rules that don't make sense.   Welcome to US immigration laws which is made up by various people and they don't make sense. 

 

First, it's immigration fraud to use a non-immigrant visa to enter the US with the intent to adjust status.

 

Second, intent is assessed at the POE.

 

Third, for an Immediate Relative of a USC, intent can not be a reason to deny the AOS as long as the beneficiary did not lie at the POE.  This is the loophole.  Google Matter of Battista and Matter of Cavazos.

 

The OP is in the US, passed the POE, and is adjusting status as an IR of a USC.  Get off their backs.  If you don't like the laws, then go get Congress to change them.  Don't scaremonger people because you don't like what they are doing when it's legal.

Edited November 5, 2019 by aaron2020

[Sparkle Sparkle 914]

2 minutes ago, aaron2020 said:

Oh brother.  More misinformation from you.  

 

 

My intention is not to misinform but to share information I found or learnt from another source...or my own experience

[aaron2020 11,651]

10 minutes ago, Sparkle Sparkle said:

You should also watch this video from youtube : 

 

You should Google Matter of Battista and Matter of Cavazos.  

Edited November 5, 2019 by aaron2020

[Sparkle Sparkle 914]

2 minutes ago, aaron2020 said:

You should Google Matter of Bautista and Matter of Cavazos.  

Please educate me am always willing to learn

[Soon To Be Mrs. T 150]

1 hour ago, Nitas_man said:

We generally advise not to do it because if there is some small discrepancy found then the dominos start falling and in addition to starting over the immigrant has accrued overstay and possibly a misrep.  

 

Seen a lot of these cases go bad.  There’s no help here if they do.  

If the Adjustment of Status doesn't pan out, do they have another recourse? i.e. Can they apply for a Spouse Visa?

 

Or would the possible overstay and/or misrepresentation render them ineligible?

Edited November 5, 2019 by Soon To Be Mrs. T

[aaron2020 11,651]

2 minutes ago, Soon To Be Mrs. T said:

If the Adjustment of Status doesn't pan out, do they have another recourse? i.e. Apply for a Spouse Visa?

 

Or would the possible overstay and/or misrepresentation render them ineligible?

They can adjust status, it's not a problem.  Google Matter of Battista and Matter of Cavazos.  

Edited November 5, 2019 by aaron2020

[aaron2020 11,651]

https://www.hooyou.com/familybased/exceptions.html

 

As illustrated above, the immediate relatives of United States citizens are afforded certain advantages under immigration law. Whereas most aliens who come to the United States and wish to apply for an adjustment of status or change of status are subject to the 30/60-day rule, immediate relatives of US citizens are exempted from the burden of having to prove that they did not have a preconceived intent to immigrate.

Author: Cameron Allison (cameron.allison@hooyou.com)

 

Edited November 5, 2019 by aaron2020