Fast track marriage?
Apr 10th 2002, 7:38 pm
#1
Just Joined
Thread Starter
Joined: Apr 2002
Posts: 4
Fast track marriage?
My daughter's Polish fiance has a USA student visa and social security number. He also has a tourst visa. He is now in Poland. Can he fly to the USA, get married to our daughter and simply apply for a change of status, thus avoiding the K1 process?
Apr 10th 2002, 10:17 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,391
Re: Fast track marriage?
Your daughter's fiancee does not need to use a tourist visa to enter the US if he has a valid F-1 student visa. I believe that is sufficient for his re-entry.
As for marriage, as long as his F-1 is valid than he has the legal right to be here in the US. If he choses to marry while on the F-1 that is alright as well. As is your daughter and him filing for your adjustment of status to a permanent resident.
They will need to file the I-130 (from her) and the I-485 (from him) along with an affidavit of support (I-864), a medical from an approved INS doctor and various supporting documentation for all the forms and they are in business. Everything is filed at once and unless they live in the Baltimore, MD jurisdiction will be filed with their loca INS office.
As for marriage, as long as his F-1 is valid than he has the legal right to be here in the US. If he choses to marry while on the F-1 that is alright as well. As is your daughter and him filing for your adjustment of status to a permanent resident.
They will need to file the I-130 (from her) and the I-485 (from him) along with an affidavit of support (I-864), a medical from an approved INS doctor and various supporting documentation for all the forms and they are in business. Everything is filed at once and unless they live in the Baltimore, MD jurisdiction will be filed with their loca INS office.
Apr 11th 2002, 10:10 am
#3
Guest
Posts: n/a
Re: Fast track marriage?
Nerdbird wrote:
> My daughter's Polish fiance has a USA student visa and social security number. He
> also has a tourst visa. He is now in Poland. Can he fly to the USA, get married to
> our daughter and simply apply for a change of status, thus avoiding the K1 process?
>
My personal opinion, and I'm certainly not a lawyer:
If he enters on the student visa and especially if he has not applied to go to school
at that time, then I think there is a chance he could be accused of visa fraud, IF he
applies for adjustment of status within 60 days of his re-entry into the US. Same
goes for tourist visa.
See: http://foia.state.gov/masterdocs/09fam/0940063N.pdf Note especially on page 7 of
this file that misrepresentation can occur within 60 days of the visa application OR
within 60 days of ENTRY into the US. IF he re-enters on a student visa but has no
intention to go to school, then I personally would think that he is on somewhat shaky
ground adjusting status within 60 days of admission to the US. Now, be aware, some
INS agents might not even think of such a charge, but on the other hand, I think the
possibility exists that they *could* if they so chose to. I think it would be to your
benefit to have a one-time consultation with an immigration attorney before pursuing
this, however. Since 9/11, I think that the chances that an agent might pursue such
avenues are probably increased. If he adjusted MORE than 60 days after admission as a
student, then he should be on fairly firm ground, but it might look bad at the AOS
interview if he entered on the student visa and did not attend school or ever have
intent to do so, because that would in essence mean that he had made a fraudulent
entry. Obviously, I could be wrong also.
If he re-entered bona fide as a student or a tourist and then filed AOS more than 60
days after admission, he should not have any problems, however, presuming that there
are no "complications" in the case and that he did not give false information at the
port of entry that could be used against him. What is said at the port of entry can
be used against him if there is a record of that and if it is proven, bear in mind.
On the other hand, if he sustained a clean entry and had virtually no questioning at
the port of entry, there would be no issues.
I'm certainly not tellinig you that it cannot be done, I'm just emphasizing to you
that it's not a free ride, and there are pitfalls that you may want to be aware of.
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
> My daughter's Polish fiance has a USA student visa and social security number. He
> also has a tourst visa. He is now in Poland. Can he fly to the USA, get married to
> our daughter and simply apply for a change of status, thus avoiding the K1 process?
>
My personal opinion, and I'm certainly not a lawyer:
If he enters on the student visa and especially if he has not applied to go to school
at that time, then I think there is a chance he could be accused of visa fraud, IF he
applies for adjustment of status within 60 days of his re-entry into the US. Same
goes for tourist visa.
See: http://foia.state.gov/masterdocs/09fam/0940063N.pdf Note especially on page 7 of
this file that misrepresentation can occur within 60 days of the visa application OR
within 60 days of ENTRY into the US. IF he re-enters on a student visa but has no
intention to go to school, then I personally would think that he is on somewhat shaky
ground adjusting status within 60 days of admission to the US. Now, be aware, some
INS agents might not even think of such a charge, but on the other hand, I think the
possibility exists that they *could* if they so chose to. I think it would be to your
benefit to have a one-time consultation with an immigration attorney before pursuing
this, however. Since 9/11, I think that the chances that an agent might pursue such
avenues are probably increased. If he adjusted MORE than 60 days after admission as a
student, then he should be on fairly firm ground, but it might look bad at the AOS
interview if he entered on the student visa and did not attend school or ever have
intent to do so, because that would in essence mean that he had made a fraudulent
entry. Obviously, I could be wrong also.
If he re-entered bona fide as a student or a tourist and then filed AOS more than 60
days after admission, he should not have any problems, however, presuming that there
are no "complications" in the case and that he did not give false information at the
port of entry that could be used against him. What is said at the port of entry can
be used against him if there is a record of that and if it is proven, bear in mind.
On the other hand, if he sustained a clean entry and had virtually no questioning at
the port of entry, there would be no issues.
I'm certainly not tellinig you that it cannot be done, I'm just emphasizing to you
that it's not a free ride, and there are pitfalls that you may want to be aware of.
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
Apr 11th 2002, 10:38 am
#4
Concierge
Joined: Apr 2001
Posts: 46,391
Re: Fast track marriage?
It was assumed, right or wrong, that this young man had already activated his F-1 and was just on a holiday break from school.
If he has an F-1 with a school financial package attached, he is better off marrying and continuing to use the F-1 and not adjust status so that he gets his education and after graduation applies for AOS based on marriage.
Side note being of Polish ancestry. Poles tend to marry in large formal ceremonies in the Catholic Church. This type of wedding requires planning and pre-cana meetings that last up to 9 weeks to complete. Taking that into consideration the young couple would not marry for several months after his entry on an F-1.
Rita
If he has an F-1 with a school financial package attached, he is better off marrying and continuing to use the F-1 and not adjust status so that he gets his education and after graduation applies for AOS based on marriage.
Side note being of Polish ancestry. Poles tend to marry in large formal ceremonies in the Catholic Church. This type of wedding requires planning and pre-cana meetings that last up to 9 weeks to complete. Taking that into consideration the young couple would not marry for several months after his entry on an F-1.
Rita
Apr 11th 2002, 10:43 am
#5
Just Joined
Thread Starter
Joined: Apr 2002
Posts: 4
Re: Fast track marriage?
I should add the Polish boyfriend has completed a 6 month course as an Audio Engineer and his visa now permits him to work for a year afterwards in his field of study in the USA. The permission expires in Oct 2002. But his tourist visa runs to 2005.
The couple have been going steady now for 7 years.
Replies so far are very informative and helpful. Thanks.
The couple have been going steady now for 7 years.
Replies so far are very informative and helpful. Thanks.
Apr 11th 2002, 5:40 pm
#6
Guest
Posts: n/a
Re: Fast track marriage?
Go here....
http://www.mindspring.com/~docsteen/...o/visainfo.htm
Once you accept the rules, select "tourist adjustment"
http://www.mindspring.com/~docsteen/...o/visainfo.htm
Once you accept the rules, select "tourist adjustment"
Apr 11th 2002, 5:40 pm
#7
Guest
Posts: n/a
Re: Fast track marriage?
From my own experience: I was on a F-1 student visa as well, and got married in my
last year of school (March 31). I had been on vacation abroad over the previous
X-mas, and reentered the US in mid-January, so we made sure we waited for more than
60 days before getting married. Since the visa was valid until June 2003, we did not
adjust status immediately as I didn't know Boston's timeline on Advance Parole etc.
for leaving and entering the country and needed to travel aborad.
We finally filed more than a year after getting married, and had no problems
whatsoever with INS, even got same-day work permit and travel permit (AP). If your
son-in-law-to-be is currently in his practical year, he already has an EAD, so I
would plan the wedding, and then make sure to file in time before his current EAD
expires (plus the time INS needs to issue it). Rita's already mentioned the documents
that need to be filed.
- Des
> I should add the Polish boyfriend has completed a 6 month course as an Audio
> Engineer and his visa now permits him to work for a year afterwards in his field of
> study in the USA. The permission expires in Oct 2002...
last year of school (March 31). I had been on vacation abroad over the previous
X-mas, and reentered the US in mid-January, so we made sure we waited for more than
60 days before getting married. Since the visa was valid until June 2003, we did not
adjust status immediately as I didn't know Boston's timeline on Advance Parole etc.
for leaving and entering the country and needed to travel aborad.
We finally filed more than a year after getting married, and had no problems
whatsoever with INS, even got same-day work permit and travel permit (AP). If your
son-in-law-to-be is currently in his practical year, he already has an EAD, so I
would plan the wedding, and then make sure to file in time before his current EAD
expires (plus the time INS needs to issue it). Rita's already mentioned the documents
that need to be filed.
- Des
> I should add the Polish boyfriend has completed a 6 month course as an Audio
> Engineer and his visa now permits him to work for a year afterwards in his field of
> study in the USA. The permission expires in Oct 2002...
