Need advice on Visa/Marriage

[Sellamalola 222]

1 hour ago, Bill & Katya said:

For the CR1, they can get married anywhere, it does not have to be in her home country.  Additionally, since she is already in the US, they can get married and she can adjust her status.  Her travel history may be questioned at the AOS interview, but it is a legal path.

  Check the rules on immigrant intent. I think they should consult with an experienced immigration lawyer first before making a mistake based on opinions of people. The only entry in which people come to the country with the intent to get married is the K1 visa. The legitimate legal way to do it. 

[Duke & Marie 1,389]

8 hours ago, frankiebean said:

Thanks for the advice everyone! I think the best course of action is CR1... 

 

If they get married now, and she returns back to the UK to file a CR1, would she not be able to come back to visit until it is processed? Does anyone know what is a typical processing time for CR1? (She's from Scotland, and he's in New York), 

 

 

Yes she can....

 

I think she may have gotten the warning from POE due to the length of her stay 3 months is concerning for them... if she goes home in feb, and returns for a shorter visit the next time (couple weeks)  it’s likely she’ll get through no worries... 

[jojotica 39]

1 hour ago, Mellamanlola said:

  Check the rules on immigrant intent. I think they should consult with an experienced immigration lawyer first before making a mistake based on opinions of people. The only entry in which people come to the country with the intent to get married is the K1 visa. The legitimate legal way to do it. 

You can get married anywhere as you meet the requirements. Whether you leave or stay and adjust is up to you.

 

Thousands have just married in the USA and left to do documentation in their home countries.

[HRQX 4,145]

2 hours ago, Mellamanlola said:

The only entry in which people come to the country with the intent to get married is the K1 visa.

Intent to marry is allowed. What isn't allowed with VWP, B visa, etc. is to have preconceived intent to overstay and/or AOS.

Edited November 13, 2019 by HRQX

[Duke & Marie 1,389]

7 hours ago, Mellamanlola said:

  Check the rules on immigrant intent. I think they should consult with an experienced immigration lawyer first before making a mistake based on opinions of people. The only entry in which people come to the country with the intent to get married is the K1 visa. The legitimate legal way to do it. 

Incorrect... it is both legitimate and legal to go to America and get married without a k1 visa... do not combine entry for marriage on other visas with intent to immigrate or AOS, it’s not always the case... it’s called destination wedding, or one of common sense based on family location etc... 

Edited November 13, 2019 by Duke & Marie

[Dashinka 24,767]

9 hours ago, Mellamanlola said:

  Check the rules on immigrant intent. I think they should consult with an experienced immigration lawyer first before making a mistake based on opinions of people. The only entry in which people come to the country with the intent to get married is the K1 visa. The legitimate legal way to do it. 

Intent to marry and intent to immigrate are two different things.  The K1 visa is not the only visa that allows an immigrant to come to the US to get married.

[aaron2020 11,651]

10 hours ago, Mellamanlola said:

  Check the rules on immigrant intent. I think they should consult with an experienced immigration lawyer first before making a mistake based on opinions of people. The only entry in which people come to the country with the intent to get married is the K1 visa. The legitimate legal way to do it. 

Wrong.

 

She is in New York.  Preconceived intent at the POE does not matter if she marries and adjust status as the spouse of a US citizen.  

[Kate&Jason 24]

Hey, I may be being thick but this has confused me.. so my understanding was if you plan to marry and move to the USA you cannot do it on an ESTA because that would appear fraudulent and not what the tourist visa is used for, essentially you lied to the CBP and broke the legal terms and conditions of your visa as you intended to stay in the US and not really visit for tourism purposes with the intent to leave again. So I'm confused ... are people saying you can come on a tourist visa and then just get married, never leave and adjust your status? I may be being completely dumb and not understanding correctly haha. I'm just thinking if that's the case what's the point in a K1 visa.. could have saved myself a lot of time and money haha!! Just very curious 😂

[geowrian 22,338]

11 hours ago, Mellamanlola said:

  Check the rules on immigrant intent. I think they should consult with an experienced immigration lawyer first before making a mistake based on opinions of people. The only entry in which people come to the country with the intent to get married is the K1 visa. The legitimate legal way to do it. 

1) Incorrect, as others noted.

2) Lawyers are just people with opinions too.

[aaron2020 11,651]

21 minutes ago, Kate&Jason said:

Hey, I may be being thick but this has confused me.. so my understanding was if you plan to marry and move to the USA you cannot do it on an ESTA because that would appear fraudulent and not what the tourist visa is used for, essentially you lied to the CBP and broke the legal terms and conditions of your visa as you intended to stay in the US and not really visit for tourism purposes with the intent to leave again. So I'm confused ... are people saying you can come on a tourist visa and then just get married, never leave and adjust your status? I may be being completely dumb and not understanding correctly haha. I'm just thinking if that's the case what's the point in a K1 visa.. could have saved myself a lot of time and money haha!! Just very curious 😂

There are two sets of rules.

 

If you are outside the US, it's immigration fraud to use a non-immigrant visa or the VWP to enter the US with the intent to immigrate.  

 

For an Immediate Relative of a US citizen adjusting status inside the US, immigrant intent at the POE is not considered.  It's a loophole.  Essentially, the IR can not be punished even if they had preconceived intent.  

 

The point of the K-1 is to legally enter the US, marry, and adjust status.  The point is not to commit a crime at the POE.

Edited November 13, 2019 by aaron2020

[Dashinka 24,767]

19 minutes ago, Kate&Jason said:

Hey, I may be being thick but this has confused me.. so my understanding was if you plan to marry and move to the USA you cannot do it on an ESTA because that would appear fraudulent and not what the tourist visa is used for, essentially you lied to the CBP and broke the legal terms and conditions of your visa as you intended to stay in the US and not really visit for tourism purposes with the intent to leave again. So I'm confused ... are people saying you can come on a tourist visa and then just get married, never leave and adjust your status? I may be being completely dumb and not understanding correctly haha. I'm just thinking if that's the case what's the point in a K1 visa.. could have saved myself a lot of time and money haha!! Just very curious 😂

You are not confused, it is considered fraudulent to come to the US on a B2/ESTA with the intention to stay permanently through marriage or by any other means.  That being said, their is a path for someone to adjust status if their intentions changed while they are in the US.  Additionally, one can request entry to the US on a visitor visa with the intention to get married and leave which is perfectly legal. 

[Sellamalola 222]

1 minute ago, geowrian said:

1) Incorrect, as others noted.

2) Lawyers are just people with opinions too.

1) The fact that they are “able” to do something doesn’t mean is the right way to do it. I will support MY opinion as correct. They should go through the consular processing or k1.

1.1) I ,for a fact, am aware that the legal entry in other types of visas other than K1, are valid to marry and adjust status from. They should only wait 90 days from entry to prevent the whole “immigrant intent” scrutiny and they are also able to adjust their status parting from that legal entry when being petitioned by a USC. What I’m saying is: Do it the right way. Especially when your immigration file has been flagged. Who can guarantee that they didn’t flag it as a no aos, which is a practice that some officers are doing even on b visas as of lately? An opinion from a random internet person is not legal advice and every case is different. Just because it worked for some doesn’t mean it’ll work for others, even if presented with an exact replica of a certain case. I have witnessed cases being completely thrown out just because of the 30/60/90 rule. I have also seen cases approved. Results may vary. That is why doing it the right way guarantees higher approval chances.

2) an immigration lawyer is a professional on the subject matter, a person who has dedicated their life to study this particular area of the law in the US and has earned the right to that “opinion”.

 

Toodles 🎩 
 

[Sellamalola 222]

9 hours ago, HRQX said:

Intent to marry is allowed. What isn't allowed with VWP, B visa, etc. is to have preconceived intent to overstay and/or AOS.

It is obvious this person is intending aos from vwp, which they are able to do. I am also pretty sure people on vwp or any other type of visa that would forgive aos, will say they’re getting married at poe. So that’s how it is not really allowed per say. Can you do it? Sure. Should you? Debatable, if you just came into the country.

[aaron2020 11,651]

7 minutes ago, Mellamanlola said:

1) The fact that they are “able” to do something doesn’t mean is the right way to do it. I will support MY opinion as correct. They should go through the consular processing or k1.

1.1) I ,for a fact, am aware that the legal entry in other types of visas other than K1, are valid to marry and adjust status from. They should only wait 90 days from entry to prevent the whole “immigrant intent” scrutiny and they are also able to adjust their status parting from that legal entry when being petitioned by a USC. What I’m saying is: Do it the right way. Especially when your immigration file has been flagged. Who can guarantee that they didn’t flag it as a no aos, which is a practice that some officers are doing even on b visas as of lately? An opinion from a random internet person is not legal advice and every case is different. Just because it worked for some doesn’t mean it’ll work for others, even if presented with an exact replica of a certain case. I have witnessed cases being completely thrown out just because of the 30/60/90 rule. I have also seen cases approved. Results may vary. That is why doing it the right way guarantees higher approval chances.

2) an immigration lawyer is a professional on the subject matter, a person who has dedicated their life to study this particular area of the law in the US and has earned the right to that “opinion”.

 

Toodles 🎩 
 

1.  The are "able" to do it because it's legal.  USCIS approve green cards for them because it's "LEGAL." 

1.1.  Blah. Blah.  Blah.

2.  Lawyers are professional.  But you know more than everyone else on VJ.  You have the superior knowledge that everyone else lacks.  lol

[Sellamalola 222]

6 minutes ago, aaron2020 said:

1.  The are "able" to do it because it's legal.  USCIS approve green cards for them because it's "LEGAL." 

1.1.  Blah. Blah.  Blah.

2.  Lawyers are professional.  But you know more than everyone else on VJ.  You have the superior knowledge that everyone else lacks.  lol

Thank you for recognizing 🏆🙏🏽