Marraige while on a Tourist Visa

[LaL 418]

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.

niggly niggly. K1 beneficiary can leave the country but does not have to if marriage takes place outside of 90 days, and I130 can rectify this situation. they are supposed to go home if they do not marry at all. totally off topic I know and adding to the confusion, but had to comment.

[Nancy2015 2]

Whether she had intent or not wouldn't matter much. What matters is if USCIS can prove that she did.

A lot of people enter with tourist visas with intent to adjust status, and they get approved. Others get denied. There's no consistent rule on that.

Some immigration lawyers seem to be clueless about intent being an issue, so the OP's friend needs to make sure she finds a really good one.

[sk28 1]

Whether she had intent or not wouldn't matter much. What matters is if USCIS can prove that she did.

A lot of people enter with tourist visas with intent to adjust status, and they get approved. Others get denied. There's no consistent rule on that.

Some immigration lawyers seem to be clueless about intent being an issue, so the OP's friend needs to make sure she finds a really good one.

Yes, good point. There is many people that have intent and enter US with B1/B2 or VWPand get there status adjusted and I bet that for you as a Russian to get B1/B2 would be difficult and it is easier to get K-1.

Edited September 6, 2007 by sk28

[Nancy2015 2]

Whether she had intent or not wouldn't matter much. What matters is if USCIS can prove that she did.

A lot of people enter with tourist visas with intent to adjust status, and they get approved. Others get denied. There's no consistent rule on that.

Some immigration lawyers seem to be clueless about intent being an issue, so the OP's friend needs to make sure she finds a really good one.

Yes, good point. There is many people that have intent and enter US with B1/B2 or VWPand get there status adjusted and I bet that for you as a Russian to get B1/B2 would be difficult and it is easier to get K-1.

I adjusted from F-1. And no, it's not that difficult to get a B2 visa.

[thetreble 19]

How many people are going to blab on about misinformation? boo-hoo. It's an immigration forum with thousands of people on it. If you take any advice off this forum at face value and complete FACT, and then follow it, you are nothing but a fool. No one can stop people from saying anything on here because it's the internet. Furthermore, what makes any of you such experts more than the next guy? When it comes to some peoples specific situations, all we can do as posters is speculate. If you don't like speculation and discussion and the possibility of MISINFORMATION, then why are you on an internet forum about immigration?

[kitkat1 5]

How many people are going to blab on about misinformation? boo-hoo. It's an immigration forum with thousands of people on it. If you take any advice off this forum at face value and complete FACT, and then follow it, you are nothing but a fool. No one can stop people from saying anything on here because it's the internet. Furthermore, what makes any of you such experts more than the next guy? When it comes to some peoples specific situations, all we can do as posters is speculate. If you don't like speculation and discussion and the possibility of MISINFORMATION, then why are you on an internet forum about immigration?

Obviously anyone who is stupid enough to rely only on information on a forum is well, stupid. But we can certainly do our best to provide accurate, proven information rather than simply posting garbage (which is normal here on VJ these days but didn't used to be).

What makes any of us experts more than the next guy? Well someone who entered on a B2 and adjusted their status surely knows a tad more about what really happened in their case than someone who has never been through it and it just spouting lies here (i.e. this gem of #######: "People that have B1/B2 or enter VWP and wait for 90 days can get married with out getting K-1".

Or for example since I personally have been through the waiver process myself and have done a ton of research and have a wealth of personal knowledge based on my experience, yes, I am more qualifed than someone who has NOT been through it to provide accurate advice.

Bottom line - common sense would tell anyone to speak to a qualified attorney. Common sense would also tell people here to stop posting things are not true . . . but that kind of common sense doesn't exist here anymore.

Edited September 7, 2007 by kitkat1

[thetreble 19]

I understand what you are saying. But again, then why be here? To go on about how "it's just not the same here anymore" is kind of well....*yawn* As this site becomes more popular, the more people will be on here with limited information. You just have to accept it. There is no point in pointing it out numerous times.

I'm not going to go and say to someone, "Well I am more of an expert than you on the marriage based 485 because I did it..." because really, even though I did it i only know so much myself. However, I'm going to try to provide people with what I know to the best of my knowledge if the topic interests me. I'm sure I say some things here that aren't really true but I can learn from people who can set me straight.

Personally, people rolling their eyes at information that might not be true is just as annoying as the misinformation itself.

Just food for thought

[kitkat1 5]

I understand what you are saying. But again, then why be here? To go on about how "it's just not the same here anymore" is kind of well....*yawn* As this site becomes more popular, the more people will be on here with limited information. You just have to accept it. There is no point in pointing it out numerous times.

I'm not going to go and say to someone, "Well I am more of an expert than you on the marriage based 485 because I did it..." because really, even though I did it i only know so much myself. However, I'm going to try to provide people with what I know to the best of my knowledge if the topic interests me. I'm sure I say some things here that aren't really true but I can learn from people who can set me straight.

Personally, people rolling their eyes at information that might not be true is just as annoying as the misinformation itself.

Just food for thought

What does the fact that I'm still here on VJ helping provide accurate information having anything to do with it? Does it offend you that I mention that this problem with mis-information did not exist in the past and that it's obviously a big problem for the forum in general now more than before? There sure as hell is a point in pointing it out -- it helps other people to realize that much of what they see here is actually incorrect. Sure people says things that they believe to be true and find themselves corrected -- that's how they learn. And obviously some people don't learn or retain anything after having gone through any particular process so they don't end up being experts. But as has been discussed here very often recently, the least people can do is say "I think this is the case . . . " rather than posting incorrect information as if it were indeed fact. And that's the root of the issue.

[sk28 1]

How many people are going to blab on about misinformation? boo-hoo. It's an immigration forum with thousands of people on it. If you take any advice off this forum at face value and complete FACT, and then follow it, you are nothing but a fool. No one can stop people from saying anything on here because it's the internet. Furthermore, what makes any of you such experts more than the next guy? When it comes to some peoples specific situations, all we can do as posters is speculate. If you don't like speculation and discussion and the possibility of MISINFORMATION, then why are you on an internet forum about immigration?

Obviously anyone who is stupid enough to rely only on information on a forum is well, stupid. But we can certainly do our best to provide accurate, proven information rather than simply posting garbage (which is normal here on VJ these days but didn't used to be).

What makes any of us experts more than the next guy? Well someone who entered on a B2 and adjusted their status surely knows a tad more about what really happened in their case than someone who has never been through it and it just spouting lies here (i.e. this gem of #######: "People that have B1/B2 or enter VWP and wait for 90 days can get married with out getting K-1".

Or for example since I personally have been through the waiver process myself and have done a ton of research and have a wealth of personal knowledge based on my experience, yes, I am more qualifed than someone who has NOT been through it to provide accurate advice.

Bottom line - common sense would tell anyone to speak to a qualified attorney. Common sense would also tell people here to stop posting things are not true . . . but that kind of common sense doesn't exist here anymore.

Oh my god kitkat1 you are like dissecting everything I wrote. Yes you can get married on B1/B2 and Adjust status anytime you want. The problem is that you will have harder time of proving your intent if you file closer to your entrance in US.. My statement was that in case you do get married while on B1/B2 and Adjust wait a while like 90 days and adjust (in case you have an intent even before you arrive in US and have not told the immigration officer at the border) otherwise get a K-1. You or the US government do not know what a person will be doing, maybe he wants to commit a visa fraud, and it is almost un-provable

[reach449 2]

OK, Ok, OK.......Thanks for all of your responses. I never knew that this thread would cause saw much discontent among VJ'ers.

First of all, I have got some better information on this matter; maybe this will clear up some of these issues. Second, I am not looking on VJ for facts, just opinions. I know I have to sift through and make my own decisions on this matter. Third, this post should not be deleted or closed! This is what VJ is all about; it is about opinions and experiences. Nothing is set in stone and everyone is an expert and no-one is. If you know what I mean. I never expected to get a concrete answer to this matter, just your views on this matter. And I respect everyone's views and opinions.

VJ is a wonderful place to get information and help on issues, but the USCIS and it's regulations will always have the final say. This I know.

What I found out today is: when she came back the second time, it was not to marry. SORRY. She came back just to visit on her VISA again. Not to visit the US citizen, just to visit the US in general. She got a job while she was here the 2nd time and overstayed her VISA by two months. I didn't find out if she had permission to work or not. While she was here she started seeing the US citizen again and ended up marrying him. They went ahead and started the AOS paperwork soon after. As I said they have their biometrics appointment already. I have spoke to the sponser and he said he spoke to an attorney initially and the attorney said everything should be OK for the application. He has not retained an attorney.

The problems I see is she knew him before she came and did have a relationship with him. She also over-stayed her VISA and worked. But as I said, I don't know if she had permission from the US goverment to work or not. The US citizen doesn't seem to be worrying about this too much. Maybe he is right, after all I don't know the whole story and haven't asked for much. I don't really know him well enough to. Maybe I just don't have enough info to ask for help here on VJ, but everyones opinions matter to me. But KitKat your anger shows way too much in your posts. There is no reason to get so angry at the posters. VJ is a BB with many members and experiences, it is not the law. I believe everyone here has good intentions. As always, I just sift through it all and draw my own conclusions with the help of the USCIS guides and regulations. I am just looking for people's opinions and experiences here; that is all I can expect.

Thanks Everyone...REALLY!

reach449

Edited September 7, 2007 by reach449

[thetreble 19]

What does the fact that I'm still here on VJ helping provide accurate information having anything to do with it? Does it offend you that I mention that this problem with mis-information did not exist in the past and that it's obviously a big problem for the forum in general now more than before?

1) You are implying that you personally only provide accurate information. You're not a lawyer therefore I"m guessing that sometimes, you slip up too and add your opinion instead of 100% fact.

2) Does it offend me that you keep going ON AND ON AND ON about misinformation? No. It's ANNOYING. (ie. move on and get over it)

[kitkat1 5]

1) You are implying that you personally only provide accurate information. You're not a lawyer therefore I"m guessing that sometimes, you slip up too and add your opinion instead of 100% fact.

Nope - I never implied that I am the only one providing accurate information - only that this thread is filled with misinformation.

2) Does it offend me that you keep going ON AND ON AND ON about misinformation? No. It's ANNOYING. (ie. move on and get over it)

I am responding to your posts going on and on and on about misinformation. You're annoying, especially for a newbie. You get over it and I'll put you on ignore.

The problem is that you will have harder time of proving your intent if you file closer to your entrance in US.

Again, wholly unsubstantiated claim - no truth whatsoever.

I don't know if she had permission from the US goverment to work or not.

She didn't have permission to work - B2 visitors are not authorized to work and it's a violation of her visa. But given that she is now married to a USC, it will most likely be forgiven.

[sk28 1]

The problem is that you will have harder time of proving your intent if you file closer to your entrance in US.

Again, wholly unsubstantiated claim - no truth whatsoever.

WRONG, WRONG, WRONG

The USCIS does preform Department of state check with an embasy that issued a visa. The form G-325A has a consulat page, that goes to an embasy that had a visa issued.

9 FAM 40.63 N4.7 Applying the 30/60 Day Rule

(TL:VISA-342; 01-08-2002)

a. In determining whether a misrepresentation has been made, some of the

most difficult questions arise from cases involving aliens in the United

States who conduct themselves in a manner inconsistent with

representations they made to the consular officers concerning their

intentions at the time of visa application. Such cases occur most

frequently with respect to aliens who, after having obtained visas as

nonimmigrants, either:

(1) Apply for adjustment of status to permanent resident; or

(2) Fail to maintain their nonimmigrant status (for example, by

engaging in employment).

b. To address this problem, the Department developed the 30/60-day rule.

This rule is intended to facilitate adjudication of these types of cases

consistent with the statutory mandates.

c. Aliens who apply for adjustment of status pursuant to the INA are within

the jurisdiction of the Immigration and Naturalization Service unless the

application is abandoned upon the departure of the alien from the United

States. Upon receipt of a notice of application for adjustment of status

Form G-325A, Biographic Information, therefore, it would not be

appropriate for a consular officer to seek the Department's concurrence in

a finding of ineligibility since such a finding would not be binding upon the

INS. Instead, the post should bring available derogatory information to

the attention of the appropriate INS office by a VISAS DECEMBER cable.

[see 9 FAM 40.63 PN2.]

This means that DOS informs USCIS of derogatory actions and it is up to the USCIS office to investigate the issue

Edited September 7, 2007 by sk28

[Captain Ewok 1,889]

Hey guys lets please stop the bickering. Thanks.

[athena_ny 1]

OK, Ok, OK.......Thanks for all of your responses. I never knew that this thread would cause saw much discontent among VJ'ers.

First of all, I have got some better information on this matter; maybe this will clear up some of these issues. Second, I am not looking on VJ for facts, just opinions. I know I have to sift through and make my own decisions on this matter. Third, this post should not be deleted or closed! This is what VJ is all about; it is about opinions and experiences. Nothing is set in stone and everyone is an expert and no-one is. If you know what I mean. I never expected to get a concrete answer to this matter, just your views on this matter. And I respect everyone's views and opinions.

VJ is a wonderful place to get information and help on issues, but the USCIS and it's regulations will always have the final say. This I know.

What I found out today is: when she came back the second time, it was not to marry. SORRY. She came back just to visit on her VISA again. Not to visit the US citizen, just to visit the US in general. She got a job while she was here the 2nd time and overstayed her VISA by two months. I didn't find out if she had permission to work or not. While she was here she started seeing the US citizen again and ended up marrying him. They went ahead and started the AOS paperwork soon after. As I said they have their biometrics appointment already. I have spoke to the sponser and he said he spoke to an attorney initially and the attorney said everything should be OK for the application. He has not retained an attorney.

The problems I see is she knew him before she came and did have a relationship with him. She also over-stayed her VISA and worked. But as I said, I don't know if she had permission from the US goverment to work or not. The US citizen doesn't seem to be worrying about this too much. Maybe he is right, after all I don't know the whole story and haven't asked for much. I don't really know him well enough to. Maybe I just don't have enough info to ask for help here on VJ, but everyones opinions matter to me. But KitKat your anger shows way too much in your posts. There is no reason to get so angry at the posters. VJ is a BB with many members and experiences, it is not the law. I believe everyone here has good intentions. As always, I just sift through it all and draw my own conclusions with the help of the USCIS guides and regulations. I am just looking for people's opinions and experiences here; that is all I can expect.

Thanks Everyone...REALLY!

reach449

She didn't have authorization to work, B2s never do. (My husband even applied for an EAD and was rejected...oh well, he had to work anyway.)

Kitkat is not showing 'anger' - just frustration at the lies and misinformation which I don't find unfounded. People spread misinformatoin about tourist visas when they have no experience with it. And yes, any tourist visa/VWP thread is going to create a fight. Fact of life around here, because people are ignorant.