Marraige while on a Tourist Visa

[reach449 2]

Hello Everyone,

This question has been asked before here on VJ, but I wanted to ask it a little more specific.

This is concerning my fiancee's best friend living in the US now. She arrived here a few years ago on a 10 year Tourist Visa. She met a US citizen and fell in love with him when she was here. They had a few problems and didn't get married at the time. In fact she went back to her home country. A year later she came back to the US on her Tourist Visa and got back together with the US citizen. Her Tourist Visa expired while she was here in the US.

She and the US citizen got married a couple of months ago, while her Visa was expired. They are very happy together and she has a great job now. They have applied for AOS and she has got her Biometrics appointment already.

The obvious problem is she knew him all alone. She met him the first time she came on her Tourist Visa and married him the second time she came on the same Visa, (after it expired). Her Visa expiring is not the problem but she did come back to be with him and marry him.

How big a problem is this going to be for this couple? We all know about Visa fraud and the rules concering marraige and Tourist Visas; however I know two couples that have done the same thing and have got their green card. If this is going to be a problem for them, when will they find out? What is the worst that could happen? Should they hire an attorney?

I would appreciate any help on this matter from you.

Thanks a million.

Reach449

Edited September 6, 2007 by reach449

[Jasman0717 9]

It could be a problem because she was out of status before she married. How long was she out of status? I suggest they see an immigration attorney

[reach449 2]

It could be a problem because she was out of status before she married. How long was she out of status? I suggest they see an immigration attorney

I don't think the out of status will be the problem. I believe that marriage forgives the out of status. The problem, I think, is her getting married on a Tourist Visa. Sorry, I don't know how long her Visa has expired. I don't really know all the details and dates, only what I posted.

reach449

[Nancy2015 2]

It could be a problem because she was out of status before she married. How long was she out of status? I suggest they see an immigration attorney

I don't think the out of status will be the problem. I believe that marriage forgives the out of status. The problem, I think, is her getting married on a Tourist Visa. Sorry, I don't know how long her Visa has expired. I don't really know all the details and dates, only what I posted.

reach449

You are correct, the overstay will be forgiven.

As for the intent - no one will be able to tell you for sure. How soon after her second entry did they get married? If not too soon, they IO probably won't even care. But, I repeat, no one can tell you for sure.

I didn't know there were 10-year tourist visas... the max you can get for my country is a 2-year validity.

[reach449 2]

I could be wrong on the 10 Year Visa......maybe it was only a two year. But at this time I don't have all the details and dates. I can get later and post it. Why would the IO not care? If they tell the truth at the interview, it will be obvious that she came here to marry on the Visa.

Thanks,

reach449

[kitkat1 5]

I could be wrong on the 10 Year Visa......maybe it was only a two year. But at this time I don't have all the details and dates. I can get later and post it. Why would the IO not care? If they tell the truth at the interview, it will be obvious that she came here to marry on the Visa.

Thanks,

reach449

A ten year visa doesn't give you the right to stay in the US for ten years. It means it's valid for use for ten years - like a passport. Visitors on tourist visas receive I-94s that indicate their authorized duration of stay - normally up to 6 months per visit.

The issue is her intent. If she came with intent to marry and cannot prove that it was a spontaneous decision, yes she could face real problems - much bigger than her obvious overstay. What did she tell the IO at the POE? Did she wrap up her life and come into the country with all of her earthy possessions? Did she leave her job, sell her home or break her lease, etc? These are the kinds of issues to think about when you consider intent and lying is not exactly a smart option when dealing with USCIS.

[reach449 2]

I could be wrong on the 10 Year Visa......maybe it was only a two year. But at this time I don't have all the details and dates. I can get later and post it. Why would the IO not care? If they tell the truth at the interview, it will be obvious that she came here to marry on the Visa.

Thanks,

reach449

A ten year visa doesn't give you the right to stay in the US for ten years. It means it's valid for use for ten years - like a passport. Visitors on tourist visas receive I-94s that indicate their authorized duration of stay - normally up to 6 months per visit.

The issue is her intent. If she came with intent to marry and cannot prove that it was a spontaneous decision, yes she could face real problems - much bigger than her obvious overstay. What did she tell the IO at the POE? Did she wrap up her life and come into the country with all of her earthy possessions? Did she leave her job, sell her home or break her lease, etc? These are the kinds of issues to think about when you consider intent and lying is not exactly a smart option when dealing with USCIS.

Yes, I understand what a 10 year Visa is. She overstayed by two months, she stayed here 8 months before marrying. At the POE I assume she just said she was being a tourist and nothing more. As I said I don't know all the details at this time. She did quit her job in her home country. And yes, the intent is the big problem; I agree with that.

reach449

[Killer_Clown_2009 0]

For what it is worth, I entered the US in 08/2005, married in 10/2005 (still intending to return to Canada at that time and have my husband file a K-3 application), then we filed an I-130/I-485 concurrently in late 2006. The immigration officer didn't ask me about my intent and seemed to be pleased that we had such a straightforward application.

We had been in a relationship since 2001 and my now husband had resided with me in Canada from 2002-2004 (which we recorded on our biographical part of the AOS package).

If your friend is denied due to her intent at entry, I'd imagine that she would find out either at her interview or shortly afterwards. She'd then be asked to leave the US and they'd for sure need an attorney at that point if she wanted to go about attempting to immigrate to the US.

Maybe your friends should consult with an attorney, who can look over their application and let them know if they will need help with their interview. I did contact an attorney during my own process and he told me that my case was straightforward and that no attorney should be needed (perhaps my country of origin made my process more straightforward).

Edited September 6, 2007 by jane2005

[kitkat1 5]

Yes, I understand what a 10 year Visa is. She overstayed by two months, she stayed here 8 months before marrying. At the POE I assume she just said she was being a tourist and nothing more. As I said I don't know all the details at this time. She did quit her job in her home country. And yes, the intent is the big problem; I agree with that.

The overstay isn't a very big deal because as others have posted, it's forgiven at AOS when married to a USC. But if she lied at the POE that's misrepresentation. If she quit her job and had every intention of marrying and staying here, she's needs a lawyer. Chances are the advice she'll receive is to go home, her husband can file for the appropriate visa and then she can interview for it and return on the correct visa.

Also, it doesn't matter when they got married, what matters is her intent. And clearly she intended to marry and stay on a tourist visa which is a violation of the visa.

[Killer_Clown_2009 0]

I don't see how you can say that "she clearly intended to marry and stay in the US" based on the information in this thread. Maybe she didn't intend to marry. Maybe she intended to visit with her USC boyfriend for as long as she could and see what happened with the relationship.

[kitkat1 5]

I don't see how you can say that "she clearly intended to marry and stay in the US" based on the information in this thread. Maybe she didn't intend to marry. Maybe she intended to visit with her USC boyfriend for as long as she could and see what happened with the relationship.

The OP said "she did come back to be with him and marry him". She quit her job before coming to the US. Seems pretty clear she intended to marry and stay in the US, dontcha think?

[Killer_Clown_2009 0]

I'm sorry, I see what you mean now. I wasn't really reading it correctly.

[thetreble 19]

I don't see how you can say that "she clearly intended to marry and stay in the US" based on the information in this thread. Maybe she didn't intend to marry. Maybe she intended to visit with her USC boyfriend for as long as she could and see what happened with the relationship.

The OP said "she did come back to be with him and marry him". She quit her job before coming to the US. Seems pretty clear she intended to marry and stay in the US, dontcha think?

The OP might also only know so many things, as she has mentioned she doesn't know all the details. For example, I didn't "quit" my job, I was put on seasonal leave at the time. I had just finished university and so I had saved up money to travel. I came to the US to visit my brother, went back to Canada, re-entered the US and my bf asked me to marry him. Now, that is really not my fault. It's possible that the girl DIDNT have the intention. It is hard to figure out intent because it's a matter of the mind with no hard evidence. It seems these days it's not as big of a deal as a lot of people like to think.

[Cécy 44]

What surprises me is that

They are very happy together and she has a great job now. They have applied for AOS and she has got her Biometrics appointment already.

How can she have a job if she came on a tourism visa (I assume B2) and furthermore is out of status.

For the rest, as said above it's the intent that matters, but it's always hard to prove. Immigration is the one who will decide in the end.

[thetreble 19]

Yes I thought the same. She must be working illegally.