Getting Married on Visa Waiver Program After Submittinf I-129F

[Tmbisme 0]

Hi VJ Family! I have a quick, very specific question. My Australian fiancé and I have applied for a K1 visa and are in Texas Service Center purgatory. She's currently in the U.S. visiting me having entered via the Visa Waiver Program. We have lightly toyed with the idea of getting married while she's already here and adjusting for status later. I know people have strong emotions and feelings towards this, but my question is this-- if we get in that interview room and have to defend the fact that she did not enter the country under false pretenses, will the fact that we had a K1 visa application pending be held against us? Does anyone have any specific experience or insights into this? Thank you so much for your help!

TB

[GinaDon 18]

I think it's asking for trouble as you have filed for a K-1 already - it might be more difficult to prove that she didn't have immigrant intent.

Is it worth the risk?

[Boiler 45,740]

Not a question that is asked judging from the numerous reports on VJ. If it is tell the truth.

K1 in process is irrelevant.

[GandD 5,966]

One post removed. The op has specific questions which are free to be answered. Judgment is not necessary to answer these questions.

[KayDeeCee 4,893]

I am not aware of anyone having to prove their intentions. Intent alone is not even a reason for denial. If you did not have intent when you entered, and answered the CBP questions honestly upon entry, then you should be fine deciding to change it up, get married and file for AOS.

Follow this guide > http://www.visajourney.com/content/i130guide2

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas - topic is AOS from VWP, not K-1 ~

[GinaDon 18]

Intent doesn't matter? Really?

Then why does USCIS have the 30/60 rule?

[aaron2020 11,651]

Hi,

People need to stop thinking of answers and rely on the law.

It's fine to marry and adjust her status.

Under US laws, USCIS can not deny the adjustment of an Immediate Relative of a USC as long as the person did not lie at the POE.

Best of luck.

[aaron2020 11,651]

Intent doesn't matter? Really?

Then why does USCIS have the 30/60 rule?

Intent does not matter for an Immediate Relative of a USC. Suggest you Google "Matter of Battista and Matter of Cavazos."

[GinaDon 18]

Speaking from experience, my spouse and I also had the option you are faced with. But I had to return home because I forgot to bring my birth certificate, police clearance and everything else with me when I left the UK... I don't usually travel with all those documents.

[Tmbisme 0]

Thanks so much for all your input, on both sides. It's just nice to have some advice from folks who are dealing with the immigration world.

[Hypnos 6,577]

Then why does USCIS have the 30/60 rule?

USCIS has no such rule.

[GinaDon 18]

USCIS has no such rule.

Oh yeah?

http://www.ksvisalaw.com/understanding-the-30-60-90-immigration-rule/

[Hypnos 6,577]

Oh yeah?

http://www.ksvisalaw.com/understanding-the-30-60-90-immigration-rule/

Yeah, I'm afraid: http://www.state.gov/documents/organization/87011.pdf

USCIS has no such rule.

[GinaDon 18]

Yeah, I'm afraid: http://www.state.gov/documents/organization/87011.pdf

USCIS has no such rule.

Did you read the document?

You should apply the 30/60-day rule if an alien states on his or her application for a visa, or informs an immigration officer at the port of entry (POE), that the purpose of his or her visit is consistent with B status and then violates such status by:

(1) Actively seeking unauthorized employment and, subsequently, becomes engaged in such employment;

(2) Enrolling in a full course of academic study without the benefit of the appropriate change of status;

(3) Marrying and taking up permanent residence; or

(4) Undertaking any other activity for which a change of status or anadjustment of status would be required, without the benefit of such a change or adjustment.

It's quite clear from your document that a tourist who gets married on a tourist visa then attempts to adjust status will be subject to this rule you say doesn't exist.

[Hypnos 6,577]

For the third time: USCIS has no such rule. This is a State Department rule, and is not binding on USCIS in any way.

USCIS is under the Department of Homeland Security, not the State Department.

Edited March 29, 2015 by Hypnos