Marriage and AOS while on a tourist visa

[Orangesapples 1,954]

38 minutes ago, remotercharm said:

By the way, dont people have to do this anyway with a k1 once they enter and apply for AOS and AP and work permit, etc.?

People don't come on a K1 on a vacation, they plan to move. But that's irrelevant to your case, you can most definitely adjust, just read the guides on vj, marry and file. 

Edited October 7, 2020 by Orangesapples

[remotercharm 31]

1 minute ago, Orangesapples said:

People don't come on a K1 on a vacation, they plan to move. But that's irrelevant to your case, you can most definitely adjust, just read the guides on vj, marry and file. 

My concern is I don't have any actual proof that I did not have an intent to marry. Which the USCIS website states you need.

[Orangesapples 1,954]

5 minutes ago, remotercharm said:

My concern is I don't have any actual proof that I did not have an intent to marry. Which the USCIS website states you need.

You don't need it. Intent cannot be a reason for rejection for spouses of US citizens. And go and see all the timelines and AOS reviews, people were not asked about intent. It's a non issue. 

[JFH 12,191]

41 minutes ago, remotercharm said:

My concern is I don't have any actual proof that I did not have an intent to marry. Which the USCIS website states you need.

As has been mentioned before, you don’t need “proof”. How can anyone prove an intention? How can anyone prove no intention? That would require a mind reader and USCIS doesn’t employ them or believe in them. 
 

Intent is assessed at the border. Your boyfriend was found to have no immigration intent when he rocked up at the border and he was therefore admitted. 
 

However, in the case of an adjusting spouse, intent alone is not enough to deny a case. But that’s a whole other discussion 

[Sparkle Sparkle 914]

(Deleted) 

Edited October 7, 2020 by Sparkle Sparkle

[Hannah&Nick 5]

1 hour ago, Sparkle Sparkle said:

(Deleted) 

what did you delete?

[SusnOwen 162]

8 hours ago, remotercharm said:

My concern is I don't have any actual proof that I did not have an intent to marry. Which the USCIS website states you need.

There are many people who have done it - My husband came up for a visit and his uncle's birthday party, with only a carry on bag.  Due to Covid, his stay got extended, and then we just decided we didn't want to be separated again.  Before his visit, we had talked marriage, but Covid definitely escalated things - being locked in a house together 24/7 will do that to you, lol!  Be aware that you will be abandoning the K1, and starting over with filing the new application, but if that's the way you want to proceed, there are many of us here doing the same process.

[remotercharm 31]

Thanks for everyone's feedback.  

 

Can anyone confirm this is the guide I should be using: 

or provide an other useful links?  Thanks.

 

Also does anyone know whether he would be able to apply for a SSN and be put on my employer health insurance or would we have to wait until approval?

[carmel34 3,657]

4 minutes ago, remotercharm said:

Also does anyone know whether he would be able to apply for a SSN and be put on my employer health insurance or would we have to wait until approval?

Most health insurance companies will add him to your insurance with a marriage certificate, showing that he is your husband, plus his name and date of birth, no SSN needed.  At least, that's what I did after marriage and my husband was still in Brazil.  Good luck!

[mushroomspore 3,044]

Just chiming to say that a simple search yields many threads about successful AoS-from-B2 cases and timing of marriage is rarely asked about by the interviewing officer.

 

Dear Husband and I got married about between 30 and 60 days after my last entry and all the officer asked were: "When and how'd you meet?", "What about each other parents?", "Where'd you get married?". They cannot claim fraud unless they have strong evidence of it. They don't have the resources to investigate every couple who seemed to get married "quickly". 

 

Aos-from-B2 is a perfectly legal route if your circumstances have changed while inside the US and you had no intention of remaining in the US when you crossed the border. With COVID and this year in general, many couples have understandably had to resort to AoS when it wasn't their original plan.

[remotercharm 31]

3 minutes ago, mushroomspore said:

Just chiming to say that a simple search yields many threads about successful AoS-from-B2 cases and timing of marriage is rarely asked about by the interviewing officer.

 

Dear Husband and I got married about between 30 and 60 days after my last entry and all the officer asked were: "When and how'd you meet?", "What about each other parents?", "Where'd you get married?". They cannot claim fraud unless they have strong evidence of it. They don't have the resources to investigate every couple who seemed to get married "quickly". 

 

Aos-from-B2 is a perfectly legal route if your circumstances have changed while inside the US and you had no intention of remaining in the US when you crossed the border. With COVID and this year in general, many couples have understandably had to resort to AoS when it wasn't their original plan.

Thanks.  He came on an ETSA.  Our circumstances changed in that we thought we'd surely have an interview by now or at least a date or a clue and due to the pandemic its not easy for us to visit each other so we decided to get on with it.  I hope that is sufficient.  

[Lucky2Lucky 2,526]

11 hours ago, remotercharm said:

He had already gotten moved out of his flat and gotten rid of everything in preparation to come here so nothing to sort out really.  Thankfully money is not a concern.

delete

Edited October 7, 2020 by Luckycuds

[remotercharm 31]

1 minute ago, Luckycuds said:

I see why you are concurred about perceived intent. Most people don't go on vacation without a place to stay or things to go back to. 

Yes, the ability to provide proof there was no intent is the issue.  Though I have no idea if I will be asked to do so or i'm meant to provide it in the application.  He did have a place to go back to, as I said, he moved in with his parents temporarily and just ended up staying after all our plans fell through, and the plan was just to go back there after visiting here and go back to contract work... which is still an option.

 

[Crazy Cat 42,519]

11 hours ago, remotercharm said:

My concern is I don't have any actual proof that I did not have an intent to marry. Which the USCIS website states you need.

You do not need proof you had no prior intent at the Adjustment of Status interview.........let it go.....  I have seen only ONE case of a denial for pre-conceived intent.  That was a case where the spouse made specific comments during a secondary interview at POE.   Those specific statements were used to accuse her of misrepresentation.   If there was no prior intent and misrepresentation in your case, you will have no issues......Let it go.

 

EDIT:  The case I mentioned is the ONLY time I have ever heard of the subject being discussed during an AOS interview.

Edited October 7, 2020 by Lucky Cat

[mushroomspore 3,044]

16 minutes ago, remotercharm said:

Yes, the ability to provide proof there was no intent is the issue.  Though I have no idea if I will be asked to do so or i'm meant to provide it in the application.  He did have a place to go back to, as I said, he moved in with his parents temporarily and just ended up staying after all our plans fell through, and the plan was just to go back there after visiting here and go back to contract work... which is still an option.

 

Well the other thing is that there is a case (Matter of Battista) that ended in a ruling that says USCIS cannot use "intent" as the sole determining factor of fraud. If USCIS claims fraud, they must find and present a number of factors and pieces of evidence that point towards it.

 

But once again...if you are a legitimate couple, USCIS is very unlikely to suspect you of fraud and to even ask you to prove your intent during the AoS interview. Intent is determined at the border. As @Lucky Cat said, just let it go and start prepping AoS papers. Do a search of all the successful AoS-from-B2 cases on this very site if you need to read them to feel better.

Edited October 7, 2020 by mushroomspore