Seledka

Dear all! I'm in the US on B-2 which will expire in a few months. My fiance
is an American citizen, we're getting married soon and going to file for
adjustment of status (aos). The discussion with the lawyer made us very
concerned about this procedure. Actually, it seems that when you get to the
aos interview, you might be charged with a pre-existing intent to marry when
you entered on a tourist visa. If so, it's considered a violation of law and
aos is denied. We have decided to get married here, but how can I prove it
later? Have you heard anything about this issue? Have your lawyers drawn
your attention to that? If there's somebody how is or has been in a similar
situation, how are you going to address it? I will appreciate A LOT if you
could share your experiences and thoughts. I am very concerned!

YtsejaM

Yes, coming to the US on a B-visa and getting married is frowned upon by the USCIS (and the people on this board). But here's the key: if the non-immigrant came into the US with no intention of marrying or staying permenantly, and they later got married and stayed, then that seems to be okay. But if they enter the US with the intention of getting married and staying permenantly, and they do so, then that's generally bad.

As with anything in the USCIS world, the burden of proof is up to you-- you are guilty until you prove yourself innocent. But on the bright side: in the USCIS world, rules and laws are applied inconsistently, so doing either of the above is possible. The question is: do you want to risk it?

The advice you'll get here is to file a fiance petition (I-129F) and do it legally.

Best of luck.

K

Folinskyinla

Hi:

This gets into what is often called "10-foot pole" type of question. There is a tendency to confuse "pre-concieved intent" and "misrepresentation/fraud." The definitions and applicablity of these two separate, but related concepts is quite complicated.

There USED to be a belief that the CIS people followed the so-called "30/60 rule" which is an internal procedural device within the Department of State for the need for review by advisory opinion for fraud denials. 30/60 is NOT a planning tool or a substantive rule of law at all. However, there was a discussion of that rule when an interested lay-poster put up an essay, and I gave educated critique.

I suggest you read the ENTIRE string found at http://britishexpats.com/forum/showt...t=essay+and+60

Mtravelkay

YtsejaM wrote:

    > As with
    > anything in the USCIS world, the burden of proof is up to you-- you are
    > guilty until you prove yourself innocent.

Are you sure? My understanding is that immigrant intent alone can not
stop you from adjusting, but fraud could, and they would need evidence
of the fraud.

Dave

"Seledka" <[email protected]> wrote in message news:<JKp%[email protected] hlink.net>...
    > Dear all! I'm in the US on B-2 which will expire in a few months. My fiance
    > is an American citizen, we're getting married soon and going to file for
    > adjustment of status (aos). The discussion with the lawyer made us very
    > concerned about this procedure. Actually, it seems that when you get to the
    > aos interview, you might be charged with a pre-existing intent to marry when
    > you entered on a tourist visa. If so, it's considered a violation of law and
    > aos is denied. We have decided to get married here, but how can I prove it
    > later? Have you heard anything about this issue? Have your lawyers drawn
    > your attention to that? If there's somebody how is or has been in a similar
    > situation, how are you going to address it? I will appreciate A LOT if you
    > could share your experiences and thoughts. I am very concerned!


You should be concerned. Did you enter the US on a tourist visa
intending all along to marry your fiance'? That is indeed illegal.
Imagine how many foreigners would enter the US on tourist visas only
to get married and remain here permanently if this were legal. If you
go this route you may find yourself married and not allowed to live in
the US. It's your choice.

lairdside

I'm just surprised that Folinskyinla didn't mention Matter of Cavazos, Int. Dec. 2750(BIA 1980) clarified and reaffirmed. Matter of Ibrahim, Int. Dec. 2866 (BIA 1981).

??

Rete

Perhaps because he knew you would, dear ;-)

Rete

davewilliams

Not quite true. It's perfectly legal to enter on a tourist visa or visa waiver if you intend to marry as long as you do not intend to break the conditions of the visa / vw.

Breaking the conditions would mean overstaying, working etc. If you plan to return to your country afterwards and not to work or do anything illegal then it's fine to enter in this way to get married, and that's exactly what I did.

It is a good idea to carry some evidence of intent to return though.

Dave

YtsejaM

My understanding of a B-class visa is that it's a non-immigrant visa, and so is issued only to those with non-immigrant intent. I could be wrong, but I would think an officer would look at those who enter on a B-visa with the open intention of marrying and staying (i.e. immigrating) as commiting fraud.

This probably won't stop you from adjusting once you enter the US and marry, but, as has happened many times, if a USCIS officer at the POE suspects you to be entering with immigrant intent on a B-visa, they will likely refuse you entry unless you can give overwhelming proof otherwise.

K

lairdside

LOL.

Nah, he probably just couldn't be bothered

I posted it for Mr T. really, thought he may find it interesting considering his comment...

Folinskyinla

Hi:

As some of you know, I'm quite distracted at the moment. I'm on the recieving end of educated "we don't know", "we don't know how long" and "we don't know the end result". One of my daughters warned me early on that I'm going to learn to hate the word "wait." I will say that I never really liked it, but have learned to accept it to a certain degree.

BTW, he is is blinking his eyes and the CT's are looking better.

All of your prayers have been greatly appreciated.

lairdside

God bless.

I didn't know and my post wasn't intended as criticism in any way.

I'm just naturally caustic - ask Andrew Defaria...lol

Just for the record - you are the reason I read the case in the first place......!

SecretGarden

Hi Folinskyinla,
I'm not aware of your current situation (must have missed the post) but I will be sending prayers for "his" recovery and sending thoughts of comfort and strength your way.

Fondly,
~SecretGarden
~and Mr. Pink

P.S. We certainly know what it's like to be on the receiving end of "we have to wait and see" from medical personnel. It's not easy, but keep looking for positives, however slight they may seem.

Julia Alveres

DO not worry .. millions do this and it all works out fine. Our
lawyers herein often tend to muddy the waters by frowning on this but
as said millions do it and all is well in the end. And hubby will get
to stay. Once no intend to do this before he / she arrives then
y0ur are sound.

Ignore al the alarmist advice. ... oyu will have enough problems and
delays without this undue pessimism.

Trust me ... or read back on other treads on this ... use the search
function above .


Welcome to the land of deficits and debt and un-employment and lying
policticans and over charging professionals .

Julia

Matthew Udall

Beg your pardon? As one of the attorneys who posts on this board, I think I (and the other attorney who posts here) have spent a great deal of time over the past years explaining this over and over again and correcting the often inaccurate advice given in this group. I don't "frown" upon anything, but I do try to help see that "accurate" general information is provided (And I'm not charging a penny as this is volunteer activity on my part. How many hours a week do you spend volunteering to a community concerning your personal area of work or knowledge relating to your work?).