HELP I'M SCARED

[JenT 0]

Hi Katherine,

Congratulations on your marriage!!! You should be able to manage this process yourself if you follow the instructions on the form very carefully. Many here have done so, including David & I... many have used attorneys with varying degrees of success. You've gotten good advice from Caladan, Kezzie, and Meow Mix. Do yourself a favor, though, and out zqt3344 on 'ignore'... his beating of a dead horse gets very tiresome.

Jen

[Mags 112]

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.

[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.

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.

Marry does not equal immigrate. People can marry their significant other here, then return to their home country. That is NOT intending to immigrate - are officers at the POE likely to let you in if you show up with a wedding dress or say you're going to get married? Probably not, because then you're a risk to immigrate, but plenty of people come in to marry, and go back to their home country, and have not violated any laws.

And the truth is, while anyone should be prepared to prove that they didn't come here with intent to stay, many many people are never asked. Many people ON THESE BOARDS were never asked. Doesn't mean the OP won't be, but it's the luck of the draw, it seems.

I never claimed to be an immigration ANYTHING, but incorrectly quoting immigration law when no such quote exists is a disservice to anyone and everyone. Did I ever say that the advice in totality was wrong? No, but scared people can latch onto the smallest thing and mess up their journey in ways we can't imagine. And we are not only helping the OP, but others who will come along and read this.

And as for zqt, you were saying last week that it was illegal to marry on a tourist visa, and a poster who needed more evidence "got off easy" since she broke laws (even though she didn't) ... I won't be taking your advice anytime soon.

[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.

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.

I wasn't offended by the correcting of misinformation at all. I agree with you completely about the importance of accurate information and felt also that your response to the OP's question was very articulately stated.

However, I did feel that that the first line of your reply suggested that all that had gone before was ill-informed and I was concerned for the OP that she should still be prepared should questions be asked about her intent when entering the US on a tourist visa. People do latch onto snippets of information and then find themselves completely unprepared for the worst. It's irrelevant how many people were never asked a question if there is a possibility it could be asked.

I do accept though that I probably misunderstood which bits exactly you were disagreeing with and I apologise if my post had any influence on what followed. I appreciate the quality of information you have provided here.

[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.

Marry does not equal immigrate. People can marry their significant other here, then return to their home country. That is NOT intending to immigrate - are officers at the POE likely to let you in if you show up with a wedding dress or say you're going to get married? Probably not, because then you're a risk to immigrate, but plenty of people come in to marry, and go back to their home country, and have not violated any laws.

And the truth is, while anyone should be prepared to prove that they didn't come here with intent to stay, many many people are never asked. Many people ON THESE BOARDS were never asked. Doesn't mean the OP won't be, but it's the luck of the draw, it seems.

I never claimed to be an immigration ANYTHING, but incorrectly quoting immigration law when no such quote exists is a disservice to anyone and everyone. Did I ever say that the advice in totality was wrong? No, but scared people can latch onto the smallest thing and mess up their journey in ways we can't imagine. And we are not only helping the OP, but others who will come along and read this.

And as for zqt, you were saying last week that it was illegal to marry on a tourist visa, and a poster who needed more evidence "got off easy" since she broke laws (even though she didn't) ... I won't be taking your advice anytime soon.

[Katherine 0]

I thank everyone for their answers. It helped me out alot. At least it made me calm down a bit. It's frustrating because my husband and I feel so alone in this, and we have no clue where to start. But it lead me to have further questions, that I was hoping you could help me with.

Since I'm applying having arrived on my tourist visa, do I file the exact same forms as for a spousal petition? I mean, the I-130 AND the I-485??

[CB82 0]

I thank everyone for their answers. It helped me out alot. At least it made me calm down a bit. It's frustrating because my husband and I feel so alone in this, and we have no clue where to start. But it lead me to have further questions, that I was hoping you could help me with.

Since I'm applying having arrived on my tourist visa, do I file the exact same forms as for a spousal petition? I mean, the I-130 AND the I-485??

Yes. File the I-130 and I-485. You can also apply for your EAD (Work Permit) as it is included in the price of the I-485 package.

Don't be worried. If you have any other questions jusk ask. We're all here to help each other out. Immigration can be a stressful process. Thats why i've found great comfort in this site. People are always here to give advice and be patiently (or not so patiently) waiting together for USCIS to process our applications.

Good luck

CB82

[Kez/JWolf 6]

Here is the link to the guide for doing AOS when you are both in the US.... I followed that guide and had no problems...

http://www.visajourney.com/forums/index.ph...page=i130guide2

Kez