HELP I'M SCARED

[Katherine 0]

I got married two days ago to my boyfriend, at the city hall. I got here on a tourist visa October 1st, NOT with the intention of getting married. But so we did, because non of us would want to face going through a third time of months apart! LDR is the worst! We've been together for 1,5 year and he's been in Denmark to visit me and I've been going back and forth to New York several times. My dad lives over here but he is also a Danish citizen residing overseas, that means he is here on a Greencard.

My concern lies with the upcoming process of filing for AOS, travel permit and work permit etc. Will I be in trouble for staying in the US while filing and waiting for approval bc I'm here on my tourist visa? Can it be done without a lawyer?

And when filing, do I enclose all forms in the same envelope? (Do I file all at the same time?)

AND Where do I get a so-called COVER LETTER????

When it comes to the payment of filing the individual forms, do I enclose a check, a money order or?

If anybody out there knows anything about my situation, or have been/are in the same position as me! PLEASE HELP!

Kind regards, and Happy Thanksgiving!

Katherine

[reeses16 8]

Hi, Katherine! I can help you with a few of your questions. I'm sure others will be able to address your other questions.

And when filing, do I enclose all forms in the same envelope? (Do I file all at the same time?)

Yes, put all of your forms in the same envelop. Be sure to read the VJ guide for AOS first before you start your paperwork.

AND Where do I get a so-called COVER LETTER????

Its a letter that you write yourself that explains what is in your package, it includes informat such as what your filing for, forms you included, and supporting items (marriage certificate, photo etc). You can go here http://www.visajourney.com/forums/index.ph...p;page=examples and check out the I-129F coverletter example. Same principle be sure to remove "I-129F"

When it comes to the payment of filing the individual forms, do I enclose a check, a money order or?

You can pay with either. Its recommended that you use a personal check, that way you can track when you check has been cashed. Also when USCIS processes the check they include your case number on the back. If you use online banking your can view the back of your check and get your case number and track your case online (if the system is updated)

[Credzba 0]

It can be done without a lawyer.

You are perfectly legal to get married, stay in the USA, and file for AOS.

The law reads "You must have entered the USA with a valid visa, and may NOT have entered with the intent of getting married."

It sounds like you are fine on both of these counts, though you may get questioned about were you "REALLY" not planning on getting married when you arrived?

Things to consider .. did you bring a good amount of cloths and personal items? This would imply you intended to marry and stay on your way in.

I am sure you only brought the items you needed for your visit.

You may not LEAVE the USA until you get your greencard once you file AOS. If you leave you can not re-enter.

Best of luck.

You can schedule an appointment at the immigration office and go ask these questions if you would feel more comfortable.

They charge something, but nothing like what a lawyer would charge.

I got married two days ago to my boyfriend, at the city hall. I got here on a tourist visa October 1st, NOT with the intention of getting married.

My concern lies with the upcoming process of filing for AOS, travel permit and work permit etc. Will I be in trouble for staying in the US while filing and waiting for approval bc I'm here on my tourist visa? Can it be done without a lawyer?

Edited November 23, 2007 by Credzba

[Alt name 1]

You do not have to be scared. You can return home within the limits of your visa, and have your spouse file an I-130 and/or an I-129F petition, and wait for the approval. If you do not enter the country deceptively with a promise to return when you are supposed to there is nothing to be scared of.

Good luck to you

David and Nitadyah

[bakofoil 27]

You do not have to be scared. You can return home within the limits of your visa, and have your spouse file an I-130 and/or an I-129F petition, and wait for the approval. If you do not enter the country deceptively with a promise to return when you are supposed to there is nothing to be scared of.

Good luck to you

David and Nitadyah

If you did not enter the country deceptively (i.e. you did not intend to get married as others here have already stated) then there is NO requirement to return home. You can remain in the US and adjust status.

[athena_ny 1]

Oh, wow, the misinformation in this thread.

The law does NOT read "You must have entered the USA with a valid visa, and may NOT have entered with the intent of getting married" and the quotes are deceptive - obviously this does not come from the INA, as it's more along the lines of not entering with intention to marry and STAY. Tourist visas can be used for marriage if you intend to marry but not stay.

The OP does NOT have to return to her country within the limits of her visa, overstay (if she incurs any illegal presence, we all know sometimes paper work doesn't work out as quickly as we want to) is forgiven anyway through marriage to a USC. She just should not under ANY circumstances leave until she receives her green card.

You need to file ALL forms in the same envelope, otherwise you risk a large mess due to their separation - and a cover letter is a letter you write saying what is enclosed in the package. This is not necessary, but many choose to write it.

[bakofoil 27]

meow mix, with all due respect, I think the quotes about not having intent to marry were in reference to the OP's particular circumstances. It is important to make that distinction here rather than throwing out accusations of mass misinformation however well-informed and accurate your advice is. I am sure no one is deliberately trying to mislead the OP and she should definitely take the advice you have offered.

You are correct in stating that a tourist visa may be used for marriage as long as the tourist does not intend to remain in the US. However, the important point here is that the OP will still have to prove that she had absolutely no intention of marrying her boyfriend and remaining in the US on this visit. This is a possible hurdle she should definitely prepare herself for.

[athena_ny 1]

meow mix, with all due respect, I think the quotes about not having intent to marry were in reference to the OP's particular circumstances. It is important to make that distinction here rather than throwing out accusations of mass misinformation however well-informed and accurate your advice is. I am sure no one is deliberately trying to mislead the OP and she should definitely take the advice you have offered.

You are correct in stating that a tourist visa may be used for marriage as long as the tourist does not intend to remain in the US. However, the important point here is that the OP will still have to prove that she had absolutely no intention of marrying her boyfriend and remaining in the US on this visit. This is a possible hurdle she should definitely prepare herself for.

She MAY have to prove it. Many people who have adjusted on tourist visas or VWP are never asked for any proof. Yes, she should prepare herself, but if there was no intent it shouldn't be an issue.

I'm sorry if you're offended at my calling misinformation, but everytime this issue comes up, the OP has to defend his/her actions (the usually suspects haven't showed up, yet) and the law really shouldn't be being misquoted. Why use quote marks if you are providing incorrect information, leading people to believe it's written into law that way? Yes, I realize that does not affect the OP's current situation, but future members also browse past threads, so I think it's important to give correct information, especially when acting as if you're quoting law.

[afterforever 0]

Oh, wow, the misinformation in this thread.

The law does NOT read "You must have entered the USA with a valid visa, and may NOT have entered with the intent of getting married" and the quotes are deceptive - obviously this does not come from the INA, as it's more along the lines of not entering with intention to marry and STAY. Tourist visas can be used for marriage if you intend to marry but not stay.

The OP does NOT have to return to her country within the limits of her visa, overstay (if she incurs any illegal presence, we all know sometimes paper work doesn't work out as quickly as we want to) is forgiven anyway through marriage to a USC. She just should not under ANY circumstances leave until she receives her green card.

You need to file ALL forms in the same envelope, otherwise you risk a large mess due to their separation - and a cover letter is a letter you write saying what is enclosed in the package. This is not necessary, but many choose to write it.

I guess reading posts all day on VJ has made you a seasoned immigration attorney.

[zqt3344 21]

Oh, wow, the misinformation in this thread.

The law does NOT read "You must have entered the USA with a valid visa, and may NOT have entered with the intent of getting married" and the quotes are deceptive - obviously this does not come from the INA, as it's more along the lines of not entering with intention to marry and STAY. Tourist visas can be used for marriage if you intend to marry but not stay.

The OP does NOT have to return to her country within the limits of her visa, overstay (if she incurs any illegal presence, we all know sometimes paper work doesn't work out as quickly as we want to) is forgiven anyway through marriage to a USC. She just should not under ANY circumstances leave until she receives her green card.

You need to file ALL forms in the same envelope, otherwise you risk a large mess due to their separation - and a cover letter is a letter you write saying what is enclosed in the package. This is not necessary, but many choose to write it.

Wow we had no idea you were an expert in USCIS immigration law. Well for your information USCIS does state that if you intend to immigrate(marry) on a tourist visa and not return to your home country then it is just fine and acceptable. Quite the opposite, you are breaking the US immigration law,and as a matter of fact you are asked this question by POE officers and by embassy officers when you come to the USA or are granted this tourist visa, speaking from experience so do not try to tell people it is ok to break the US immigration laws, it is not and you are putting them in the gray area which could result in a lot more legal problems later on in their life while trying to immigrate. Amazing at the disinformation you put out, where does it say on USCIS law or anywhere for that matter that the tourist visa is to be used for marriage. It does not. And in this online posters case, since they apparently did not intend to come to the USA or overstay their visa and to use it to get married they are probably fine with no problems, of course as you should realize they may be asked at an interview or later on when Adjusting Status why or how they came to the USA and the circumstances under which they married and to prove it.

[Caladan 19]

I got married two days ago to my boyfriend, at the city hall. I got here on a tourist visa October 1st, NOT with the intention of getting married. But so we did, because non of us would want to face going through a third time of months apart! LDR is the worst! We've been together for 1,5 year and he's been in Denmark to visit me and I've been going back and forth to New York several times. My dad lives over here but he is also a Danish citizen residing overseas, that means he is here on a Greencard.

My concern lies with the upcoming process of filing for AOS, travel permit and work permit etc. Will I be in trouble for staying in the US while filing and waiting for approval bc I'm here on my tourist visa? Can it be done without a lawyer?

And when filing, do I enclose all forms in the same envelope? (Do I file all at the same time?)

AND Where do I get a so-called COVER LETTER????

When it comes to the payment of filing the individual forms, do I enclose a check, a money order or?

If anybody out there knows anything about my situation, or have been/are in the same position as me! PLEASE HELP!

Kind regards, and Happy Thanksgiving!

Katherine

Hi there!

Yes, you can adjust status successfully from a tourist visa, and yes you can do it without a lawyer. I'll address your specific questions first:

1) When filing, you can and should file all of your forms at the same time.

2) A cover letter is just something you write on your own. It should explain what you've filed for, and a list of the contents of the package.

3) We used a check because then we could see when it cleared at the bank. Either is acceptable.

Onto the substance.

Many people adjust successfully from tourist visas. Most of the time, they aren't even asked anything about their intent to stay, according to anecdotes here. You should, however, be prepared to say something about how you decided to stay. It is fine to get married on a tourist visa, or any other type of visa, really -- marriage licenses are granted by counties and all they need is proof that you are who you say you are. The question is whether you'll be permitted to adjust status, and the law says that entering the U.S. with the intention to remain on a tourist visa is wrong. Changing your mind after entry, though, is something you're allowed to do.

If you have proof of ties to Denmark, like a job or a lease, it would be good to document that. But there's nothing to be scared of.

Guys, you really need to read meow mix's post. She's not objecting to the substance of your advice, but the quotes which make it look like it's from the USCIS code when it's not. (USCIS legal code isn't known for using capital letters for emphasis, folks.) And considering just recently you were insisting wrongly, zqt3344, that it was illegal to marry on a tourist visa, perhaps you should calm down a bit when someone questions your alleged expertise.

[Kez/JWolf 6]

I got married two days ago to my boyfriend, at the city hall. I got here on a tourist visa October 1st, NOT with the intention of getting married. But so we did, because non of us would want to face going through a third time of months apart! LDR is the worst! We've been together for 1,5 year and he's been in Denmark to visit me and I've been going back and forth to New York several times. My dad lives over here but he is also a Danish citizen residing overseas, that means he is here on a Greencard.

My concern lies with the upcoming process of filing for AOS, travel permit and work permit etc. Will I be in trouble for staying in the US while filing and waiting for approval bc I'm here on my tourist visa? Can it be done without a lawyer?

And when filing, do I enclose all forms in the same envelope? (Do I file all at the same time?)

AND Where do I get a so-called COVER LETTER????

When it comes to the payment of filing the individual forms, do I enclose a check, a money order or?

If anybody out there knows anything about my situation, or have been/are in the same position as me! PLEASE HELP!

Kind regards, and Happy Thanksgiving!

Katherine

Katherine you do not need to be scared.... you will be fine, follow the guides here and take your time filling everything out and dont try and do it all in one go...

Just remember you have done nothing wrong in fact you are using a legal route that is available to you to adjust your status... I did exactly the same thing... I was approved at AOS with not one question about my entry or intent.... that was back in 2005 we are now just waiting for my 10 year greencard to come...

Kez

[Caladan 19]

Oh, wow, the misinformation in this thread.

The law does NOT read "You must have entered the USA with a valid visa, and may NOT have entered with the intent of getting married" and the quotes are deceptive - obviously this does not come from the INA, as it's more along the lines of not entering with intention to marry and STAY. Tourist visas can be used for marriage if you intend to marry but not stay.

The OP does NOT have to return to her country within the limits of her visa, overstay (if she incurs any illegal presence, we all know sometimes paper work doesn't work out as quickly as we want to) is forgiven anyway through marriage to a USC. She just should not under ANY circumstances leave until she receives her green card.

You need to file ALL forms in the same envelope, otherwise you risk a large mess due to their separation - and a cover letter is a letter you write saying what is enclosed in the package. This is not necessary, but many choose to write it.

Wow we had no idea you were an expert in USCIS immigration law. Well for your information USCIS does state that if you intend to immigrate(marry) on a tourist visa and not return to your home country then it is just fine and acceptable. Quite the opposite, you are breaking the US immigration law,and as a matter of fact you are asked this question by POE officers and by embassy officers when you come to the USA or are granted this tourist visa, speaking from experience so do not try to tell people it is ok to break the US immigration laws, it is not and you are putting them in the gray area which could result in a lot more legal problems later on in their life while trying to immigrate. Amazing at the disinformation you put out, where does it say on USCIS law or anywhere for that matter that the tourist visa is to be used for marriage. It does not. And in this online posters case, since they apparently did not intend to come to the USA or overstay their visa and to use it to get married they are probably fine with no problems, of course as you should realize they may be asked at an interview or later on when Adjusting Status why or how they came to the USA and the circumstances under which they married and to prove it.

You're confusing four things here:

1) Whether it is legal to marry on a tourist visa

2) Whether it is legal to stay having married on a tourist visa.

3) What you have to declare at the POE.

4) Whether you'd obtain a tourist visa if you said you intended to marry.

It is completely legal to marry on a tourist visa (or a student visa, or a work visa.) It is also true that you likely won't get into the country if you declare your intention to do so, because once you're married, there is a legitimate reason to stay, and you'd be <i>declaring your intention to immigrate ahead of time</i>! Basically, you'd fail the proof of ties test. But keep the questions separate. There's a difference between what's illegal and what's a practical decision at the POE or embassy.

There is nothing in the US Code that requires counties to see K-1 visas before a foreigner marries an American.

[reach449 2]

I won't give advice on the paperwork, but I can tell you of an experience with my wife's friend:

A friend of my wife's came here on a Tourist Visa twice and married to a U.S. citizen after the Visa Expired. However, she did not plan to marry him, it just happened. Although she did know him when she came here. She also worked here without permission from the goverment. They filed the AOS, completed Biometrics, and got a green card with-in two months. That is from the time they mailed the AOS paperwork in to receiving green card! I was quite suprised how fast she got her interview and how quick the whole process went. Her interview was very easy and no "problem questions" were ever asked.

It seems the USCIS forgives the overstays if you have a bonefide relationship.

Good luck with your process.

reach449

[libyloba 0]

Don't be scared ! I too know a person that came to the US with Tourist Visa after overstaying she got married and filed the AOS, she got her green card without any hassle.