Marraige while on a Tourist Visa

[*JG* 2]

I think there are going to be issues, not with the overstay; but with the intent. If they had married on the first visit, there would not be any issues. However, since she left.....having dated him, whatever....and then come back to marry, it will be an issue.

I would suggest hiring an immigration lawyer in this case.

[Skeeter211 2]

...and working illegally on a tourist visa might be a bigger problem then her entry intent and whether she planned to get married. I tought I remember hearing or reading that working without authorization can be grounds for denial at time of AOS. Somebody correct me if I am wrong please.

Scott

Edited September 6, 2007 by Skeeter211

[Cécy 44]

I think there are going to be issues, not with the overstay; but with the intent. If they had married on the first visit, there would not be any issues. However, since she left.....having dated him, whatever....and then come back to marry, it will be an issue. I would suggest hiring an immigration lawyer in this case.

I came back when we had already been dating for 2 years (at the time). I didn't come with the intent to get married.

The fact that you are dating doesn't mean you'll get married.

In our case, we weren't ready for it until not too long ago. I just didn't want to be away from him after so many months of separation and I just came. We decided later on that traveling back and forth wasn't a solution and that we loved each other enough to make the official commitment.

We got married almost a year after I arrived (I came on a B2 visa and had it renewed). We decided to get married 4 weeks before we actually did it.

I didn't have a job in France (I wasn't able to work for a while after a work accident), I didn't have a car and I was living at my grandmother's. My only proof that I was going to go back was my plane ticket. Yes I know I might to explain things to immigration too.

What I'm trying to say here is that we don't know their all story so it's hard to say whether there was intent or not.

To reach449: your friend should probably stop working, because according to the information you are giving us she is working illegally. Yes it may be forgiven by the USCIS, but it's better not to push things, they already have enough to deal with. Unless she obtained a work permit, in which case things are very different.

Edited September 6, 2007 by Cécy

[kitkat1 5]

If they had married on the first visit, there would not be any issues. However, since she left.....having dated him, whatever....and then come back to marry, it will be an issue.

Huh? What difference does it make if they married on the first visit or the second? None. It's about intent.

Enough VJ speculating here - the person needs a lawyer - not a bunch of guesses.

[*JG* 2]

If they had married on the first visit, there would not be any issues. However, since she left.....having dated him, whatever....and then come back to marry, it will be an issue.

Huh? What difference does it make if they married on the first visit or the second? None. It's about intent.

Enough VJ speculating here - the person needs a lawyer - not a bunch of guesses.

My point was on the very first visit, the intent was probably not there cause in all liklihood, they didn't know each other. On the second, someone could speculate that this was the intent. Sometimes appearence is everything.

And, I already said they need a lawyer.

[Caladan 19]

Talk to a lawyer. 'Intent' has a pretty specific meaning in the law, more than it does in every day English. Having a thought that you might like to stay in the U.S. isn't intent. And then there's the question of proving the intent.

There's also the question of how heavy the burden of proof is, how likely USCIS is to make an issue of it, and the like. (To my mind, if they'll buy that people 'spontaneously' get married on 90-day tourist visas, it's got to be a pretty low bar.) That's what a good immigration lawyer can help you with.

[Kez/JWolf 6]

Wow..... never seen so much mis-information in one thread....

When you got married has nothing to do with anything in this thread.... it has to do with when the immigrant decided that they would not leave the USA and would file for AOS....

If they decided that they would stay and do AOS after their second entry then they are fine and the law allowes you to do AOS... if they planned to enter on a tourist visa as it would be quicker than applying for a K3/CR1 then they did have intent....

They will not be asked to prove that they did not have intent on entry.... because it is up to USCIS to prove that you did...

As for working illegaly... it is not a case of USCIS MAY forgive unauthorized work... it is the law that USCIS can not use unauthorized work against you if you are married to a USC.... so it will be forgiven.... just make sure you apply for an EAD along with AOS....

And finally to the OP.... Please take some time to have a talk with a immigration lawyer about your case.... just to go over the facts and highlight any areas that they think you may need help with or that could be an issue for you in the future.....

Kez

[athena_ny 1]

I think there are going to be issues, not with the overstay; but with the intent. If they had married on the first visit, there would not be any issues. However, since she left.....having dated him, whatever....and then come back to marry, it will be an issue. I would suggest hiring an immigration lawyer in this case.

I came back when we had already been dating for 2 years (at the time). I didn't come with the intent to get married.

The fact that you are dating doesn't mean you'll get married.

In our case, we weren't ready for it until not too long ago. I just didn't want to be away from him after so many months of separation and I just came. We decided later on that traveling back and forth wasn't a solution and that we loved each other enough to make the official commitment.

We got married almost a year after I arrived (I came on a B2 visa and had it renewed). We decided to get married 4 weeks before we actually did it.

I didn't have a job in France (I wasn't able to work for a while after a work accident), I didn't have a car and I was living at my grandmother's. My only proof that I was going to go back was my plane ticket. Yes I know I might to explain things to immigration too.

What I'm trying to say here is that we don't know their all story so it's hard to say whether there was intent or not.

To reach449: your friend should probably stop working, because according to the information you are giving us she is working illegally. Yes it may be forgiven by the USCIS, but it's better not to push things, they already have enough to deal with. Unless she obtained a work permit, in which case things are very different.

The friend can keep on working with no ill effects. My husband worked without authorizatoin even after his status was adjustment pending and we were approved - the work was not even mentioned even though he had a 5 year overstay as well (which was barely mentioned).

The issue is the intent upon the second arrival, so if she didn't plan to marry at that entry, it's not fraud. If she did, it will be an issue, but she needs a good immigration attorney to talk to.

[kitkat1 5]

Wow..... never seen so much mis-information in one thread....

Really? This is just par for the course on VJ these days! This site is FILLED with misinformation and since now almost all of the knowledgable posters have gone elsewhere, there are few people left you have the desire to correct it all.

if they planned to enter on a tourist visa as it would be quicker than applying for a K3/CR1 then they did have intent....

It's not clear if the purpose was to avoid going through the K3/CR1 process, but it's clear from what the OP stated that there was intent.

They will not be asked to prove that they did not have intent on entry.... because it is up to USCIS to prove that you did...

So all the AOS officer has to do is ask her a few questions to find out - which may or may not happen.

As everyone has said, talk to a lawyer.

[sk28 1]

She doesn't even need a lawyer. Did she enter the US with intent to immigrate, has she said this to the Immigration officer at the border? “I am entering US because I want to immigrate to US”. This would be intent to immigrate and this intent makes you inadmissible. Intent to marry will not make you inadmissible to US. She can get married and go back file for K-3. She can wait for 90 days and get married and adjust in US. This would not trigger 30/60/90 day rule. K-1 has been made for fiancés that have decided to get married in 90 days after admission to US. If someone has a B1/B2 visa and the only purpose to obtain B1/B2 was to immigrate to US this is considered visa fraud but hard to prove if 30/60/90 day rule is observed. In case that you got B1 fly In US and get married next day you Immigration petition will be denied and you will go back to your country have to file for K-3 and doe everything from beginning. People that have B1/B2 or enter VWP and wait for 90 days can get married with out getting K-1.

[TracyTN 237]

She doesn't even need a lawyer. Did she enter the US with intent to immigrate, has she said this to the Immigration officer at the border? “I am entering US because I want to immigrate to US”. This would be intent to immigrate and this intent makes you inadmissible. Intent to marry will not make you inadmissible to US. She can get married and go back file for K-3. She can wait for 90 days and get married and adjust in US. This would not trigger 30/60/90 day rule. K-1 has been made for fiancés that have decided to get married in 90 days after admission to US. If someone has a B1/B2 visa and the only purpose to obtain B1/B2 was to immigrate to US this is considered visa fraud but hard to prove if 30/60/90 day rule is observed. In case that you got B1 fly In US and get married next day you Immigration petition will be denied and you will go back to your country have to file for K-3 and doe everything from beginning. People that have B1/B2 or enter VWP and wait for 90 days can get married with out getting K-1.

Um, what?

[kitkat1 5]

She doesn't even need a lawyer. Did she enter the US with intent to immigrate, has she said this to the Immigration officer at the border? “I am entering US because I want to immigrate to US”. This would be intent to immigrate and this intent makes you inadmissible. Intent to marry will not make you inadmissible to US. She can get married and go back file for K-3. She can wait for 90 days and get married and adjust in US. This would not trigger 30/60/90 day rule. K-1 has been made for fiancés that have decided to get married in 90 days after admission to US. If someone has a B1/B2 visa and the only purpose to obtain B1/B2 was to immigrate to US this is considered visa fraud but hard to prove if 30/60/90 day rule is observed. In case that you got B1 fly In US and get married next day you Immigration petition will be denied and you will go back to your country have to file for K-3 and doe everything from beginning. People that have B1/B2 or enter VWP and wait for 90 days can get married with out getting K-1.

And here we go again.

1) If her intent was to MARRY AND REMAIN IN THE US -- that means NOT return home and file for the correct visa, she had intent.

2) K1 is not made for fiances who have decided to get married in 90 days in the US. K1s OBLIGATE the petitioner and beneficiary to marry within 90 days. Otherwise the beneficiary has to leave the country.

3) There is no 30/60/90 day rule - it's a myth perpetuated by lawyers based on a directive a long long time ago.

4)

In case that you got B1 fly In US and get married next day you Immigration petition will be denied and you will go back to your country have to file for K-3

Something you made up in your head? If you cannot prove the validity of your statement, don't say it.

5)

People that have B1/B2 or enter VWP and wait for 90 days can get married with out getting K-1

WRONG. It all depends on whether or not they had intent. If this were true, no one would file for the appropriate visa if they could enter on VWP or a B2!

[Kez/JWolf 6]

She doesn't even need a lawyer. Did she enter the US with intent to immigrate, has she said this to the Immigration officer at the border? “I am entering US because I want to immigrate to US”. This would be intent to immigrate and this intent makes you inadmissible. Intent to marry will not make you inadmissible to US. She can get married and go back file for K-3. She can wait for 90 days and get married and adjust in US. This would not trigger 30/60/90 day rule. K-1 has been made for fiancés that have decided to get married in 90 days after admission to US. If someone has a B1/B2 visa and the only purpose to obtain B1/B2 was to immigrate to US this is considered visa fraud but hard to prove if 30/60/90 day rule is observed. In case that you got B1 fly In US and get married next day you Immigration petition will be denied and you will go back to your country have to file for K-3 and doe everything from beginning. People that have B1/B2 or enter VWP and wait for 90 days can get married with out getting K-1.

The above post is WRONG... WRONG...... WRONG.......

There is no such thing as the 30/60/90 day rule and if you got married the day after you arrived and originally had plans to return to your home country and then change your mind, you can file for AOS and get approved....

Please do not post incorect information about 30/60/90 day rules that do not exist..... and before you tell people they will be denied if they marry before 90 days... I for one am living proof that your statement is wrong... I was married within 90 days of my arrival in the US and I was not even asked about my intent at my AOS interview....

Kez

[kitkat1 5]

This thread should be closed -- WAY TOO MUCH MISINFORMATION (as usual)

[payxibka 10,045]

Even deleted maybe.... because it will be quoted as VJ gospel sometime in the future...

Edited September 6, 2007 by fwaguy