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more clarification re tourist visa marriages, please...

more clarification re tourist visa marriages, please...

Old Feb 1st 2001, 10:21 am
  #1  
jimsocal
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per my previous thread, the following was discussed:

"...If your fiance(e) can get through the POE without incriminating herself by committing
fraud and having it recorded, then marry her, adjust status and live happily ever after.

The parts of Alvena's site that you are questioning are excerpts from case history and BIA
decisions and I am sure are posted as informative information to aid you in knowing all
the ins and outs. What you are proposing to do [marry my fiancee while she's here on her
tourist visa, which she's had a long time] is done each and every day and with the
exception of one and only one case, we have seen each couple who has gone that route and
who are posters here on the NG successfully adjust status.

Even the I-485 for adjustment tells you that you are eligible to adjust status if you do
exactly what you are proposing to do."

Rita
**********

So I have basically determined, here, that because my fiancee has had her visa a while, IF
she comes across the border with no questions asked and/or doesn't lie, then we can get
married and adjust status. I was told also in the previous thread that waiting 30 or 60
days is not necessary or preferred, since she's had her visa awhile. Correct?

So my question now, is this: IF we want to get married the 2nd or 3rd day she's here, is
THAT a problem at all? Does it matter if we wait a day, or a week, or 2 weeks, or is it
all the same, as long as she's here and didn't lie at the border?

I also seem to recall someone said it doesn't even matter if she were to cross the border
with the INTENT to marry, or even if we had PLANS for a wedding... as long as she doesn't
lie at the border... Right?
 
Old Feb 1st 2001, 10:38 am
  #2  
paulgani
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I also seem to recall someone said it doesn't even matter if she were
> to cross the border with the INTENT to marry, or even if we had PLANS for a wedding...
> as long as she doesn't lie at the border... Right?

When faced with so many possible scenarios, it often helps to go back to the basics (in
this case, the BIA rulings).

When your wife applies for AOS, as long as her ONLY negative factor is having preconceived
intent to immigrant, she will be approved. If ANY other negative factors come up, then you
start increasing the risk of denial.

Issues such as marrying 2 days vs. 2 weeks vs. 2 months vs. small vs. big wedding, etc...
are all frivolous, if her ONLY negative factor is preconceived intent.

Paulgani
 
Old Feb 2nd 2001, 8:39 am
  #3  
jimsocal
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When your wife applies for AOS, as long as her ONLY negative factor is
> having preconceived intent to immigrant, she will be approved. If
ANY other
> negative factors come up, then you start increasing the risk of
denial.

What would be some typical negative factors which could come up - aside from lying at the
POE - that could increase the risk of denial of AOS?
 
Old Feb 2nd 2001, 9:34 am
  #4  
paulgani
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> > When your wife applies for AOS, as long as her ONLY negative factor
> is
> > having preconceived intent to immigrant, she will be approved. If
> ANY other
> > negative factors come up, then you start increasing the risk of
> denial.
>
> What would be some typical negative factors which could come up - aside from lying at
> the POE - that could increase the risk of denial of AOS?

Well, here's a few:

http://www.ins.usdoj.gov/graphics/la...2600_01A245.pd f

Paulgani
 
Old Feb 2nd 2001, 7:51 pm
  #5  
jimsocal
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Thanks for this info. Anyone else have further info on this issue?

What would be some typical negative factors which could come up - aside
> > from lying at the POE - that could increase the risk of denial of
AOS?
>
> Well, here's a few:
>
>
http://www.ins.usdoj.gov/graphics/la...0/Apr2600_01A2
45.pd
> f
>
> Paulgani
 

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