a question about marriage to US citizen

[athena_ny 1]

I know a few people that went this route, however I do not recommend it. They went thru a lot of ####### to get approved, you are better off doing it the right way..........(K1 visa) I heard this straight from the horses mouth, who did the "tourist visa thing" then get married. He personally wouldnt recommend it. Good luck.

As the OP already has intent, I would not recommend this route in her case, but were she already in the states, I would. We went the tourist visa route (since it was legal, and made more sense than having him go back to Peru and having to get a waiver approved for overstay etc etc) and our process was extremely easy. People like Kez and Christina M adjusted from VWP and have no complaints either. Just because your friend had a hard time doesn't mean all who adjust this way will, and it's a perfectly acceptable route to adjust, so saying K-1 is the "right way" like it's the only legal way is misleading to those who are already in the country and have met someone or decided to get married on their trip after entry.

Sure, if you entered recently you may have to prove intent (MAY as in ... I know Kez says it wasn't brought up in her interview), but if you didn't enter with intent to marry and stay, and have proof, it shouldn't be an issue.

[miles 0]

I know a few people that went this route, however I do not recommend it. They went thru a lot of ####### to get approved, you are better off doing it the right way..........(K1 visa) I heard this straight from the horses mouth, who did the "tourist visa thing" then get married. He personally wouldnt recommend it. Good luck.

[Chica Yeyé 41]

Canada only allows DCF if the US citizen is a legal permanent resident in Canada at the time of filing.

Reba,

Actually you don't have to be a legal permanent resident in Canada to DCF. B was on a student visa and I was on work permit when we filed and it was perfectly fine - MTL did ask for copies of our CIC documents of course, but that was all that was needed.

L.

[Fandango 1,440]

Here's the thing: how does one prove intent???

If before 'visiting' the US, you quit your job, sold your house, tied up all your loose ends...that proves premeditation.

What to do if it comes up in AOS interview (providing there is one, of course)....

And Meow Mix is right...that other poster is giving totally inaccurate info regarding AOS from a VWP....

[vanee 13]

well that's not my idea... fraud or anything... we also want to do it the quickest way... but the right way...

That describes most of us here except that the non-USCs are from different countries.

My husband and I went the K-1 route, and while it was difficult (and the AOS part of the journey isn't a piece of cake either), I'm glad we did it this way. There is no question that we are legal, and the time apart strengthened our relationship. We appreciate being together more because of what we had to go through to get to this point.

Those of us in/from Canada are more fortunate than many others here in that we're just across the border from our partners. You can't have everything right now, but do things legally, and you'll get there.

[Mags 112]

If you cross the border with the intent to marry it is indeed visa fraud. If you cross for a visit and marry spontaneously (he he), you adjust status. The best thing to do is to and become familiar with your options; since the lines are pretty fuzzy.

Good luck, L.

so if it was totally unplanned, and adjustment is all that would need to be done? hmmmmm.... we have been waiting over a year and half.... thanks a lot!!!!

As has been mentioned before, the simple fact that you are typing this indicates intent. If you were to enter the USA and get married now and you then stayed and adjusted status, that would indeed be visa fraud, imo.

Wait, you'd better check the laws carefully. Once upon a time you could stay in the country and adjust your status, but that changed a couple of years back and the new law says that even if you are adjusting your status, you have to go back to your home country for the interview and processing. I think it was changed for the very reason that people entered the country whether legally or illegally and got married so that they could stay in the country. Now, even if you get married, you still have to leave the country and go "home" to get your status adjusted.

As mentioned before by previous posters this is incorrect. If you have no intent to get married at POE, you can get married as a spur of the moment thing and then remain to adjust status. You do NOT have to leave the country and be interviewed in your home country. You simply apply for AOS here in the USA and await your processing and interview where you may have to prevent evidence of your intent at POE.

If I recall correctly, Kezzie adjusted her status this way and had tons of evidence to prove she had no intent to marry and stay when she entered the country.

If you enter the country, get married and then return home to apply for a visa (K-3 for example) then you do have to be interviewed in your home country.

Edited November 29, 2007 by Mags