Marraige while on a Tourist Visa

[thetreble 19]

You're annoying, especially for a newbie. You get over it and I'll put you on ignore.

You just really solidified my point. It's people like you who ruin a forum for others to feel comfortable enough to come here and ask questions. It's that holier than thou attitude found so often on a board like this (ie. i know more than you). I'm new to VJ so obviously I don't know anything. Get a life.

Edited September 7, 2007 by thetreble

[Killer_Clown_2009 0]

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.

Actually, not a good point. USCIS doesn't need to prove intent, the person applying for adjustment of status needs to prove NON intent - that is if they are asked by USCIS to do so.

[LaL 418]

Please stop attacking each other in this thread. It might be easier to post with a cautionary tone that misinformation has been provided vs. escalating the "heat". It is all about delivery, in a suggestion post, and a correction post.

[thetreble 19]

Agreed. Thanks Lal and I apologize.

[john_and_marlene 162]

Back to the topic.....

What about this?

Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980)

According to Matter of Cavazos, in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain.

Hmmmm..... perhaps working without authorization would be an additional adverse factor. Although working without authorization can be forgiven, it is yet another adverse factor that may cause the adjudicator to weigh it against this ruling as cause to deny in the light of another adverse factor.

Edited September 7, 2007 by john_and_marlene

[Cécy 44]

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.

reach449

The one thing I can tell you is that when you apply for let's say a K1 you need to prove that you have a relationship and have met in the past 2 years. In some cases it's the US citizen who traveled to a foreign country, in other cases it's the contrary. So to me the fact that they met before is not a problem.

Yes I know they didn't go through a K1, what I want to show there is that it matters to the immigration that you actually didn't just met and got married because then they might be more suspicious of it being a marriage just to get a GC.

You often hear on the forum that overstay and illegal work are forgiven, but that will be up to the agent.

As is often said: I think it matters more that the relationship is bona fide more than anything else.

Edited September 7, 2007 by Cécy

[Caladan 19]

Back to the topic.....

What about this?

Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980)

According to Matter of Cavazos, in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain.

Hmmmm..... perhaps working without authorization would be an additional adverse factor. Although working without authorization can be forgiven, it is yet another adverse factor that may cause the adjudicator to weigh it against this ruling as cause to deny in the light of another adverse factor.

Are you certain of this? From what I've read, it's not so much that 'unauthorized work and overstays are forgiven' as it is 'they are not a bar to adjustment of status if the adjustment is based on a qualifying relative.' In other words, I'd be unsure as to whether it counts as an adverse factor (as opposed to something like a criminal record or EWI.)

They'll have to prove a bonafide relationship, but the unauthorized work and overstay aren't a bar to adjusting status based on marriage.

[john_and_marlene 162]

Back to the topic.....

What about this?

Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980)

According to Matter of Cavazos, in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain.

Hmmmm..... perhaps working without authorization would be an additional adverse factor. Although working without authorization can be forgiven, it is yet another adverse factor that may cause the adjudicator to weigh it against this ruling as cause to deny in the light of another adverse factor.

I thought I should add a bit to this previous post. While this ruling offers some protection to the immediate relative seeking adjustment, it does not alleviate denial based on material misrepresentation either during visa application or entry at the POE. When you apply for a tourist visa, you will give a reason for requesting the visa. Certainly the visa would be denied if you answered that you wanted it so you could join your spouse and adjust status. If you give an alternate reason in order to obtain the visa, but expect to use the visa to join your spouse and adjust status, that would be material misrepresentation and the Cavazos ruling does not protect you against denial on those grounds.

So, for the sake of this arguement, let's say you already have a tourist visa and have been using it correctly to visit. Now you decide to use it one last time to join your spouse and adjust status. So far, you can find comfort in the Cavazos ruling. But, you will probably be asked the intent of your visit when you are going through immigration at the POE. If you give an alternate answer in order to obtain entry at the POE, but in fact are planning to adjust status, that would be material misrepresentation. If the discussion at the POE is verbal only, it may be hard to prove, but the danger is there. If you are subjected to secondary inspection, you may be asked to sign a statement as to the intent of your visit.

The point I'm trying to make is that while there is a ruling regarding the intent issue, it's protection is not absolute. Material misrepresentation is a compelling adverse factor that is not so easily overcome. I think it would be a rare instance that, at the very least, someone would not be asked the purpose of their visit at the POE. Giving an alternate answer for purposes of gaining entry, when entry would be denied if the truth were known is, by definition, material misrepresentation.

[Christin 0]

Hey everybody!

I'm really having a big problem here and hope you can help me.

I met my boyfirend in germany while he was stationed here. now he's back in the states and we want to get married. at the moment we can't apply for a K-1 Visa because nobody knows if he might has to go back to iraq in some months. so getting a k-1 wouldn't help that much. getting married and do K-3 after it....i don't know....we're pretty much sick of waiting now. we finally want to be together. so what if i quit my job as soon as he's out of the army, go on "vacation" and get married to him? I know it's not really a legal thing to do. but how could they find out it wasn't spontaneous? i mean, i guess they would never find out that i quit my job here before. and they can't prove that i came to the states with the intention to get married. maybe he just asked me to marry him in front of the whole family and we did it without informations about it before? risky thing but we really don't know what to do anymore. we're also scared to apply for K-1 or K-3 because we only can do it when he's out of the army but he wouldn't earn enough money i guess. so we need a co-sponsor and we don't know anyone who could do that for us. I'm lost. i need your help... all we want is being together after all this waiting

[payxibka 10,045]

we're also scared to apply for K-1 or K-3 because we only can do it when he's out of the army but he wouldn't earn enough money i guess. so we need a co-sponsor and we don't know anyone who could do that for us.

Do you think if you get married and try to adjust status in the USA precludes the need to be able to prove financial support ability? If so, you guessed wrong....

[john_and_marlene 162]

Hey everybody!

I'm really having a big problem here and hope you can help me.

I met my boyfirend in germany while he was stationed here. now he's back in the states and we want to get married. at the moment we can't apply for a K-1 Visa because nobody knows if he might has to go back to iraq in some months. so getting a k-1 wouldn't help that much. getting married and do K-3 after it....i don't know....we're pretty much sick of waiting now. we finally want to be together. so what if i quit my job as soon as he's out of the army, go on "vacation" and get married to him? I know it's not really a legal thing to do. but how could they find out it wasn't spontaneous? i mean, i guess they would never find out that i quit my job here before. and they can't prove that i came to the states with the intention to get married. maybe he just asked me to marry him in front of the whole family and we did it without informations about it before? risky thing but we really don't know what to do anymore. we're also scared to apply for K-1 or K-3 because we only can do it when he's out of the army but he wouldn't earn enough money i guess. so we need a co-sponsor and we don't know anyone who could do that for us. I'm lost. i need your help... all we want is being together after all this waiting

You are not in a unique situation. There are plenty of petitioners that are on active duty and get assignments and you don't have to wait until he is out of the military. There are procedures to expedite the process if the military member will be deployed. He should submit his petition like any other person. You should not contemplate visa fraud.

[TracyTN 237]

Hey everybody!

I'm really having a big problem here and hope you can help me.

I met my boyfirend in germany while he was stationed here. now he's back in the states and we want to get married. at the moment we can't apply for a K-1 Visa because nobody knows if he might has to go back to iraq in some months. so getting a k-1 wouldn't help that much. getting married and do K-3 after it....i don't know....we're pretty much sick of waiting now. we finally want to be together. so what if i quit my job as soon as he's out of the army, go on "vacation" and get married to him? I know it's not really a legal thing to do. but how could they find out it wasn't spontaneous? i mean, i guess they would never find out that i quit my job here before. and they can't prove that i came to the states with the intention to get married. maybe he just asked me to marry him in front of the whole family and we did it without informations about it before? risky thing but we really don't know what to do anymore. we're also scared to apply for K-1 or K-3 because we only can do it when he's out of the army but he wouldn't earn enough money i guess. so we need a co-sponsor and we don't know anyone who could do that for us. I'm lost. i need your help... all we want is being together after all this waiting

Why can you only apply for a K1 or K3 if he's out of the army? Because of money? As fwaguy states, you will still have to prove support at one time or another and if he cannot do that, he'll need to look into a cosponsor. In that sense, it doesn't really matter one iota when you file (or whether or not you file for the K1 or K3).

If he were to get redeployed to Iraq, he would actually be able to ask for (and likely receive) your case to be expedited. As it is, he may want to ask his JAG for any advice/help on either the K1 or the K3.

[Christin 0]

But you hear all this horror storys. a friend also applied for a K-3 and they wanted them to have like 40,000 on the bank....that's just not possible when your our age. so i really don't know what to do. i would better get a visa...i know. but i'm scared that i'm doing all that paperwork wrong. it doesn't sound easy to me. and i'm even more scared of that interview. i know you actually don't have to as long as you have a real relationship, what we do, but i have no idea what they will be asking...so i'm worried. i hate it....

[john_and_marlene 162]

But you hear all this horror storys. a friend also applied for a K-3 and they wanted them to have like 40,000 on the bank....that's just not possible when your our age. so i really don't know what to do. i would better get a visa...i know. but i'm scared that i'm doing all that paperwork wrong. it doesn't sound easy to me. and i'm even more scared of that interview. i know you actually don't have to as long as you have a real relationship, what we do, but i have no idea what they will be asking...so i'm worried. i hate it....

Rather than speculating about horror stories, why not read the guides here and get the correct information. You don't have to have money in the bank. In fact, military sponsors have a lowered requirement for income--100% of the poverty level vs. 125% that everyone else is required to meet. Stop fussing about what you don't know and get informed before making serious errors such as committing fraud.

[TracyTN 237]

But you hear all this horror storys. a friend also applied for a K-3 and they wanted them to have like 40,000 on the bank....that's just not possible when your our age. so i really don't know what to do. i would better get a visa...i know. but i'm scared that i'm doing all that paperwork wrong. it doesn't sound easy to me. and i'm even more scared of that interview. i know you actually don't have to as long as you have a real relationship, what we do, but i have no idea what they will be asking...so i'm worried. i hate it....

No one on this site is going to condone you coming here on VWP, marrying and adjusting status when your INTENT upon arrival is to marry and stay. That is fraud. I'm sorry if that isn't what you want to hear.

If you are going to let 'horror stories' stop you, you'll never get through this process. There could have been a ton of reasons why that particular story was true (if the foreign spouse was from a 'high fraud' country, for example). The best idea is for you and your fiance to educate yourself on the process and then you'll be able to sort out 'horror stories' from facts.

As far as being scared of the paperwork, well - we ALL were, until we started reading and becoming informed about the process and the forms. This site and others like it can walk you through it virtually step by step (see the 'guides' above). If you & your fiance are still unsure, hire an immigration attorney and let him/her help you.