Another marriage question
#1
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Thread Starter
Joined: Feb 2014
Location: Lake Mary
Posts: 31
Another marriage question
Good Evening / good morning.
A little about myself to start. I have been dating my current fiancé since last year and we have been engaged since October 2013. I visited the USA in December 2013 (and am not scheduled to leave until 16 march).
We were hoping to get married on Valentines day, but all the good venues were already taken, so we had to push back until 20th February. Everything for the wedding is all booked. I just have a few questions I hope can be answered...
I am based just outside Orlando Fl, and was wandering where I need to go to collect my USCIS application forms? Or can they be applied for online and posted to my residence?
I am going to book my medical in the next few days, as I understand the medical can be done before or after the wedding?
Will I need to apply for an extension on my tourist visa? As there is a chance that by the time I am applicable to work then my current stay will have been exceeded?
I have a good idea of the situation thanks to the contributes on this forum aswell as looking online over the past few weeks.
I dare say that these questions get asked/ answered on a daily basis, I was just hoping for a little clarity for my situation.
Thanks in advance and I look forward to contributing to this forum in the future.
A little about myself to start. I have been dating my current fiancé since last year and we have been engaged since October 2013. I visited the USA in December 2013 (and am not scheduled to leave until 16 march).
We were hoping to get married on Valentines day, but all the good venues were already taken, so we had to push back until 20th February. Everything for the wedding is all booked. I just have a few questions I hope can be answered...
I am based just outside Orlando Fl, and was wandering where I need to go to collect my USCIS application forms? Or can they be applied for online and posted to my residence?
I am going to book my medical in the next few days, as I understand the medical can be done before or after the wedding?
Will I need to apply for an extension on my tourist visa? As there is a chance that by the time I am applicable to work then my current stay will have been exceeded?
I have a good idea of the situation thanks to the contributes on this forum aswell as looking online over the past few weeks.
I dare say that these questions get asked/ answered on a daily basis, I was just hoping for a little clarity for my situation.
Thanks in advance and I look forward to contributing to this forum in the future.
#2
Re: Another marriage question
Hello and welcome to the forum.
Congratulations on the imminent wedding.
You might be pleased to know that you do not need a medical exam in order to marry on the VWP. (Tourist visa)
Is your Fiancee a US citizen? Are You a Brit?
You might have a shock in store, in terms of being able to work/stay in US any time soon.
Congratulations on the imminent wedding.
You might be pleased to know that you do not need a medical exam in order to marry on the VWP. (Tourist visa)
Is your Fiancee a US citizen? Are You a Brit?
You might have a shock in store, in terms of being able to work/stay in US any time soon.
#3
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Thread Starter
Joined: Feb 2014
Location: Lake Mary
Posts: 31
Re: Another marriage question
Sorry I should of mentioned it. Yes she is American and I am British.
What do you mean a shock in store for staying / working in the Us?
I spoke with an attorney recently and he saidc that I would need a medical. Slightly confused now?.....
What do you mean a shock in store for staying / working in the Us?
I spoke with an attorney recently and he saidc that I would need a medical. Slightly confused now?.....
#4
Banned
Joined: Apr 2013
Posts: 5,154
Re: Another marriage question
He's talking about marrying and then applying to stay whilst on the visa waiver, instead of doing it correctly via a K-1 (before the fact) or CR-1 (after the fact).
#5
Banned
Joined: Apr 2013
Posts: 5,154
Re: Another marriage question
It's up to you how you proceed. I would suggest to you that it there was intent to marry and stay then you leave the US after the wedding and apply for the CR-1 in the UK. If you did not intend to marry and stay when you entered the US then stay and file the adjustment.
#6
Re: Another marriage question
I am going to book my medical in the next few days, as I understand the medical can be done before or after the wedding?
If you are thinking of filing to adjust status to permanent resident, have a 1-time consultation with an immigration attorney before filing anything. Trying to adjust status from a VWP visit can have consequences if the AOS is denied. If you go this route anyway, make sure you and your spouse are OK living back in your home country forever.
Will I need to apply for an extension on my tourist visa?
As there is a chance that by the time I am applicable to work then my current stay will have been exceeded?
I have a good idea of the situation thanks to the contributes on this forum aswell as looking online over the past few weeks.
Rene
#7
Forum Regular
Joined: Dec 2013
Posts: 250
Re: Another marriage question
Fair bit of misinformation floating in this thread...
AOS is just as 'correct' as doing K1 or CR1.
As long as the OP is marrying a USC, entered lawfully, does not have any admissibility issues (e.g. CIMTs and so on) and is in a Bona fide relationship AOS should not be a problem.
All this talk about intent is irrelevant. It is *not* up to the applicant to prove there was no intent, it is up to USCIS to prove there was intent. Besides intent alone is not a valid reason to deny. See matter of Cavazos which says:
AOS is just as 'correct' as doing K1 or CR1.
As long as the OP is marrying a USC, entered lawfully, does not have any admissibility issues (e.g. CIMTs and so on) and is in a Bona fide relationship AOS should not be a problem.
All this talk about intent is irrelevant. It is *not* up to the applicant to prove there was no intent, it is up to USCIS to prove there was intent. Besides intent alone is not a valid reason to deny. See matter of Cavazos which says:
, 17 I. & N. Dec. 215 (BIA, 1980)
. In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.
. In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.
Last edited by Jerni; Feb 10th 2014 at 5:28 pm.
#8
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Joined: Dec 2013
Posts: 250
Re: Another marriage question
If you stay in the US after marriage and file for AOS then you will need a medical for the I-693.
#10
Re: Another marriage question
Fair bit of misinformation floating in this thread...
AOS is just as 'correct' as doing K1 or CR1.
As long as the OP is marrying a USC, entered lawfully, does not have any admissibility issues (e.g. CIMTs and so on) and is in a Bona fide relationship AOS should not be a problem.
All this talk about intent is irrelevant. It is *not* up to the applicant to prove there was no intent, it is up to USCIS to prove there was intent. Besides intent alone is not a valid reason to deny. See matter of Cavazos which says:
AOS is just as 'correct' as doing K1 or CR1.
As long as the OP is marrying a USC, entered lawfully, does not have any admissibility issues (e.g. CIMTs and so on) and is in a Bona fide relationship AOS should not be a problem.
All this talk about intent is irrelevant. It is *not* up to the applicant to prove there was no intent, it is up to USCIS to prove there was intent. Besides intent alone is not a valid reason to deny. See matter of Cavazos which says:
If you are right, going forward, I am all for allowing incidental spouses in, no questions asked.
#11
Banned
Joined: Apr 2013
Posts: 5,154
Re: Another marriage question
Fair bit of misinformation floating in this thread...
AOS is just as 'correct' as doing K1 or CR1.
As long as the OP is marrying a USC, entered lawfully, does not have any admissibility issues (e.g. CIMTs and so on) and is in a Bona fide relationship AOS should not be a problem.
All this talk about intent is irrelevant. It is *not* up to the applicant to prove there was no intent, it is up to USCIS to prove there was intent. Besides intent alone is not a valid reason to deny. See matter of Cavazos which says:
AOS is just as 'correct' as doing K1 or CR1.
As long as the OP is marrying a USC, entered lawfully, does not have any admissibility issues (e.g. CIMTs and so on) and is in a Bona fide relationship AOS should not be a problem.
All this talk about intent is irrelevant. It is *not* up to the applicant to prove there was no intent, it is up to USCIS to prove there was intent. Besides intent alone is not a valid reason to deny. See matter of Cavazos which says:
#12
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Another marriage question
It's the same reason why people get obsessed about being denied entry on the VWP. They focus on the few negative stories, and dismiss or minimize the many positive stories.
Ian
#13
Re: Another marriage question
There is, thanks to you!
But entering on the VWP you have NO right of appeal, so USCIS can pretty much decide what they want safe in the knowledge that the decision can't be challenged.
.... It is *not* up to the applicant to prove there was no intent, it is up to USCIS to prove there was intent. .....
#14
Forum Regular
Joined: Dec 2013
Posts: 250
Re: Another marriage question
I suggest you read current USCIS documentation. OP is entitled to receive opinions on *all* available options.