Tourist Adjustment
Mar 7th 2002, 11:43 am
#1
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Joined: Mar 2002
Posts: 21
Tourist Adjustment
Hi again,
If a foreigner has a bona fide relationship with a US citizen, is it advisable to marry on a tourist visa, then adjust status OR to wait out the process of K1 petitioning then adjust after arrival to the US?
If a foreigner has a bona fide relationship with a US citizen, is it advisable to marry on a tourist visa, then adjust status OR to wait out the process of K1 petitioning then adjust after arrival to the US?
Mar 7th 2002, 2:05 pm
#2
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Re: Tourist Adjustment
steelgrill wrote:
> Hi again, If a foreigner has a bona fide relationship with a US citizen, is it
> advisable to marry on a tourist visa, then adjust status OR to wait out the process
> of K1 petitioning then adjust after arrival to the US?
>
It is technically illegal to enter the US on a tourist visa or visa waiver for the
express purpose of marriage and filing adjustment of status. That being said, IF
someone is in the US on a tourist visa or visa waiver, and decides to marry and file
AOS, the law does provide for that option. However, be aware, if entry was made on a
visa waiver, and IF anything causes the adjustment to be denied at the time of the
interview, then the INS can deport you in a heartbeat, due to the fact that at the
time of your entry, you signed away ALL rights to appeal on the I-94W form. So if one
has a criminal record, a serious disease, or some other reason that adjustment might
be denied, the fiance visa is probably a safer option, as all of these issues are
settled PRIOR to entrance into the US, PLUS you have legal recourse if AOS is denied
at the interview.
IF you do not have a tourist visa and procure such a visa by lying about your already
standing relationship with a US citizen, and THEN the INS finds out about this, you
would likely be accused of visa fraud, and could have AOS denied as a result. So
that's not a good plan.
Every person has to make his own choice, however INS states that IF you are NOT
inside the US and IF you already know that you want to marry a US citizen, the fiance
visa is the legally correct choice.
Alvena
See the Doc Steen site here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and this
is not immigration advice. The information I provide is mostly gleaned from old
newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
http://www.aila.org
> Hi again, If a foreigner has a bona fide relationship with a US citizen, is it
> advisable to marry on a tourist visa, then adjust status OR to wait out the process
> of K1 petitioning then adjust after arrival to the US?
>
It is technically illegal to enter the US on a tourist visa or visa waiver for the
express purpose of marriage and filing adjustment of status. That being said, IF
someone is in the US on a tourist visa or visa waiver, and decides to marry and file
AOS, the law does provide for that option. However, be aware, if entry was made on a
visa waiver, and IF anything causes the adjustment to be denied at the time of the
interview, then the INS can deport you in a heartbeat, due to the fact that at the
time of your entry, you signed away ALL rights to appeal on the I-94W form. So if one
has a criminal record, a serious disease, or some other reason that adjustment might
be denied, the fiance visa is probably a safer option, as all of these issues are
settled PRIOR to entrance into the US, PLUS you have legal recourse if AOS is denied
at the interview.
IF you do not have a tourist visa and procure such a visa by lying about your already
standing relationship with a US citizen, and THEN the INS finds out about this, you
would likely be accused of visa fraud, and could have AOS denied as a result. So
that's not a good plan.
Every person has to make his own choice, however INS states that IF you are NOT
inside the US and IF you already know that you want to marry a US citizen, the fiance
visa is the legally correct choice.
Alvena
See the Doc Steen site here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and this
is not immigration advice. The information I provide is mostly gleaned from old
newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
http://www.aila.org
