Married on a Tourist Visa

[Regdkp 53]

3 hours ago, bradoony said:

Hey friends, question on the I-130, Part 4 question 57 a-c : it is asking to write her first and last name in her native language (Bulgarian) ; should I use her maiden name or her new last name (MINE)? I'm assuming they will use her native language to search her for background check?

I would say, you use her maiden name for the native language part, in the 'Additional section' , explain that her Bulgarian identity documents still has her maiden name. Mention the married last name in Bulgarian language in the same section of the 'Additional section' as well , explaining that this is how it looks like in that language.

[nykolos 711]

On 5/12/2020 at 8:21 PM, Lil bear said:

Assuming you intend to live together here in the US .. There are two legal options open to you... 

1 begin the filing for a spouse visa .. she returns home and waits out the process there 

2. She applies to adjust her status to permanent resident while remaining here in the US

I'm with you on option #1,  but strongly disagree on option 2,  She came here on a Tourist visa, which in no way can be used to bipass the immigration process, They can Marry but she would still have to return home before her tourist visa expires, then file the I-130.. Attempting to adjust her status while she's here on a tourist visa is asking for trouble, it goes to intent and could be considered fraud in the eyes of USCIS.

 

 

 

 

[bradoony 54]

3 hours ago, nykolos said:

I'm with you on option #1,  but strongly disagree on option 2,  She came here on a Tourist visa, which in no way can be used to bipass the immigration process, They can Marry but she would still have to return home before her tourist visa expires, then file the I-130.. Attempting to adjust her status while she's here on a tourist visa is asking for trouble, it goes to intent and could be considered fraud in the eyes of USCIS.

 

 

 

 

But you need to remember, all this happened during COVID-19. She never planned on staying. I have airline tickets that we had to cancel because she was supposed to leave in March, but she couldn't because airlines we shutting down. I have so much proof that it was not planned.

[Crazy Cat 41,857]

3 hours ago, nykolos said:

Attempting to adjust her status while she's here on a tourist visa is asking for trouble, it goes to intent and could be considered fraud in the eyes of USCIS

Not true......Please point me to any cases where this was considered fraud..........It is perfectly legal to adjust status after entering the US via a tourist visa when there was no intent to do so when first entering........

 

I have seen only one case in which AOS was denied....but that involved a specific charge of misrepresentation for a statement made to CBP during a secondary interview at the border. 

There are many, many, many people who successfully adjust status after entering on a tourist visa after their plans changed........

Edited May 18, 2020 by Lucky Cat

[Boiler 45,516]

3 minutes ago, Lucky Cat said:

Not true......Please point me to any cases where this was considered fraud.........your won't find any........It is perfectly legal to adjust status after entering the US via a tourist visa when there was no intent to do so when first entering........

 

I have seen only one case in which AOS was denied....but that involved a specific charge of misrepresentation for a statement made to CBP during a secondary interview at the border. 

Agree just look at the numbers, maybe not on here but in the real world adjusting is the most common route.

[Crazy Cat 41,857]

12 minutes ago, bradoony said:

But you need to remember, all this happened during COVID-19. She never planned on staying. I have airline tickets that we had to cancel because she was supposed to leave in March, but she couldn't because airlines we shutting down. I have so much proof that it was not planned.

When she was allowed to enter by CBP, her non-intent to stay and adjust was established..........period.......thus, she is now free to adjust status as her situation has changed.

[Crazy Cat 41,857]

3 hours ago, nykolos said:

it goes to intent

She established her non-intent to stay and adjust when she entered the US......else, CBP would have denied entry.

[nykolos 711]

https://rapidvisa.com/using-tourist-visa-visa-waiver-program-get-married-united-states/

 

 

It's quite easy to mask your intent, I'm not in any way suggesting that's what the OP did in this case, but one could easily do that,  where anyone can circumvent the law by using a tourist visa as a opposed to a K1 or 1-130.

 

[Just Paul 4,595]

Just now, nykolos said:

https://rapidvisa.com/using-tourist-visa-visa-waiver-program-get-married-united-states/

 

 

It's quite easy to mask your intent, I'm not in any way suggesting that's what the OP did in this case, but one could easily do that,  where anyone can circumvent the law by using a tourist visa as a opposed to a K1 or 1-130.

 

Correct - It is completely legal to say that you want to marry in the US.  Think Vegas or destination weddings.  The issue is staying and adjusting. 

 

That just makes it a little harder for those wanting tourists visas from their home country.

[Crazy Cat 41,857]

9 minutes ago, nykolos said:

https://rapidvisa.com/using-tourist-visa-visa-waiver-program-get-married-united-states/

 

 

It's quite easy to mask your intent, I'm not in any way suggesting that's what the OP did in this case, but one could easily do that,  where anyone can circumvent the law by using a tourist visa as a opposed to a K1 or 1-130.

 

Discussion of circumventing immigration law is not allowed here.  Adjusting Status after entering due a change in situation is perfectly legal.......and I have never seen it cause an issue later.

[Crazy Cat 41,857]

If adjusting status after entering the US via a tourist visa was not legal, there would not be a forum dedicated to it here on Visa Journey.

[bradoony 54]

Hi friends 😄 I am filling out the I-864 Affidavit form. Is there any recent examples of a filled out form? I am comparing mine to the I-864 example provided by visajourney, but, it was last edited in 2013. I am looking for an updated on to check my own work.

[bradoony 54]

17 minutes ago, bradoony said:

Hi friends 😄 I am filling out the I-864 Affidavit form. Is there any recent examples of a filled out form? I am comparing mine to the I-864 example provided by visajourney, but, it was last edited in 2013. I am looking for an updated on to check my own work.

Also, what is minimum required income for the I-864?

[geowrian 22,337]

6 minutes ago, bradoony said:

Also, what is minimum required income for the I-864?

Minimum is 125% of the FPL for your household size: https://www.uscis.gov/i-864p

Under = no green card.

Over = judgement call based upon a totality of the circumstances.

[bradoony 54]

10 minutes ago, geowrian said:

Minimum is 125% of the FPL for your household size: https://www.uscis.gov/i-864p

Under = no green card.

Over = judgement call based upon a totality of the circumstances.

Awesome thanks, So is there an updated / recent I-864 example form for me to correct myself on things?