get married with a tourist visa

[mkw 0]

hello,

I am German citizen and my fiance is US citizen. At the moment I am on vacations in the USA to visit my fiance at the military school in Columbus GA. We didn´t planed to get married here, but now everything changed. He got new orders and now he will not return to Germany and now we want to get married here in 2 weeks.

My question: What we have to do after we get married? I didn´t find an answer on this page. Maybe one of you can help us. Thank you!

[Anh map 2,098]

Here is the link to the section of the Guides here on VJ that would apply to your situation. -->> http://www.visajourney.com/forums/index.ph...page=i130guide2

You will find many folks here on VJ with similar circumstances.

[Liebi 0]

You should either fly back home and apply for a K1 fiancee visa or, after getting married in the US, apply for a spousal visa (K3 or CR1) which also requires you to fly back home and wait for the visa to be processed.

The link posted above explains both options.

If you choose to file AOS directly from the US after getting married be prepared to provide evidence that you did not enter the US without the proper visa with the intention of getting married and circumventing/bypassing US immigration laws.

[Kar98 0]

hello,

I am German citizen and my fiance is US citizen. At the moment I am on vacations in the USA to visit my fiance at the military school in Columbus GA. We didn´t planed to get married here, but now everything changed. He got new orders and now he will not return to Germany and now we want to get married here in 2 weeks.

My question: What we have to do after we get married? I didn´t find an answer on this page. Maybe one of you can help us. Thank you!

You _could_ marry while you're here in the States on a Visa Waiver. Then download, complete and mail I-485, I-130, I-693, I-765, G325A, I-864, payment and supporting documents as detailed in the instructions to these forms, have your fingerprints taken, and have an AOS (adjustment of status) interview about 3 months from when you send in all the forms. The interviewer will recommend an approval or denial, and if approved, your green card should be in the mail within a month.

HOWEVER if you're denied, you have no other option left and it's back to zee Fasserland. You only have this one shot. You have to convince the interviewer that you did not travel to the US with the _intent_ to marry and adjust status from visitor to immigrant. You have to convince the interviewer that you didn't just marry to get a green card. You have to show that you're in an actual relationship.

It might take a few months longer, but it's much much less nerve-wrecking and much less a strain on your relationship not to mention sanity if you do this whole progress from the comfort of your home country. Also, you can appeal any decision you're not happy with, or re-apply after a denial.

There's also the question of settling affairs in Germany and preparing for a life abroad, which is much easier done when you've got a few months.

Edited April 30, 2009 by Kar98

[EtherealVocalist 0]

You should either fly back home and apply for a K1 fiancee visa or, after getting married in the US, apply for a spousal visa (K3 or CR1) which also requires you to fly back home and wait for the visa to be processed.

The link posted above explains both options.

If you choose to file AOS directly from the US after getting married be prepared to provide evidence that you did not enter the US without the proper visa with the intention of getting married and circumventing/bypassing US immigration laws.

SIGH - You can adjust from the VWP. My husband just did. If you marry a US CITIZEN it is ok to marry your spouse and adjust from a tourist visa. We did not have any trouble, the Officer that interviewed us didn't care, nor asked any questions about that. Now, I want to press that to increase your chances of approval at the interview, you must have a clean criminal record ( or anything that might make you ineligible ) and have provided most of all the evidence of bonafide marriage. We went to our AOS interview from VWP with a BOXLOAD of stuff... We had our interview the 21st of April and on the 27th, we got our approval in the mail

Its a chance you and your spouse have to discuss before taking. In the event of a denial, you have no chances to appeal the decision.

Edited April 30, 2009 by EtherealVocalist

[BermyCat 1]

To add to EtherealVocalist's post, remember that you will not be able to return to Germany or work until you receive your AP (to travel) and EAD (to work). You apply for these at the same time as you apply to adjust status. It seems to be taking about three months to get these but that's just an average. It could take longer.

Hopefully, you've got someone back home in Germany that can help you settle your affairs there and send you some of your things while you wait.

Good luck,

Catherine

[Krikit 1,166]

Moving to the AOS From Other Visas forum.

[Bobby+Umit 161]

You should either fly back home and apply for a K1 fiancee visa or, after getting married in the US, apply for a spousal visa (K3 or CR1) which also requires you to fly back home and wait for the visa to be processed.

The link posted above explains both options.

If you choose to file AOS directly from the US after getting married be prepared to provide evidence that you did not enter the US without the proper visa with the intention of getting married and circumventing/bypassing US immigration laws.

SIGH - You can adjust from the VWP. My husband just did. If you marry a US CITIZEN it is ok to marry your spouse and adjust from a tourist visa. We did not have any trouble, the Officer that interviewed us didn't care, nor asked any questions about that. Now, I want to press that to increase your chances of approval at the interview, you must have a clean criminal record ( or anything that might make you ineligible ) and have provided most of all the evidence of bonafide marriage. We went to our AOS interview from VWP with a BOXLOAD of stuff... We had our interview the 21st of April and on the 27th, we got our approval in the mail

Its a chance you and your spouse have to discuss before taking. In the event of a denial, you have no chances to appeal the decision.

Ethereal - Liebi didn't say you couldn't adjust, just said to be prepared to provide evidence as needed.

But you are correct, marriage to a USC allows you to adjust from a VWP, as long as there are no other adverse factors that would prevent it.

Remember, what works for one person may not work for another.

Edited April 30, 2009 by Bobby_Umit

[Liebi 0]

You should either fly back home and apply for a K1 fiancee visa or, after getting married in the US, apply for a spousal visa (K3 or CR1) which also requires you to fly back home and wait for the visa to be processed.

The link posted above explains both options.

If you choose to file AOS directly from the US after getting married be prepared to provide evidence that you did not enter the US without the proper visa with the intention of getting married and circumventing/bypassing US immigration laws.

SIGH - You can adjust from the VWP. My husband just did. If you marry a US CITIZEN it is ok to marry your spouse and adjust from a tourist visa. We did not have any trouble, the Officer that interviewed us didn't care, nor asked any questions about that. Now, I want to press that to increase your chances of approval at the interview, you must have a clean criminal record ( or anything that might make you ineligible ) and have provided most of all the evidence of bonafide marriage. We went to our AOS interview from VWP with a BOXLOAD of stuff... We had our interview the 21st of April and on the 27th, we got our approval in the mail

Its a chance you and your spouse have to discuss before taking. In the event of a denial, you have no chances to appeal the decision.

Ethereal - Liebi didn't say you couldn't adjust, just said to be prepared to provide evidence as needed.

But you are correct, marriage to a USC allows you to adjust from a VWP, as long as there are no other adverse factors that would prevent it.

Remember, what works for one person may not work for another.

Exactly, thanks Bobby_Umit! I didn't say you can't adjust from VWP (I know somebody myself who did this, but she had to submit a heck of paperwork and do several interviews and I also know somebody who wasn't quite that successful.

So, to mkw, like I said, you can file AOS from VWP but you have to be prepared at the interview, they might ask you for proof that you didn't plan to do it "this way" (proof could be a lease showing that you still had an appartment in Germany at the time you left to visit, a job that you didn't quit but just took some time off, a paid return flight, also letters from friends and family that explain you just planned to visit before he received new orders etc.).

[EtherealVocalist 0]

You should either fly back home and apply for a K1 fiancee visa or, after getting married in the US, apply for a spousal visa (K3 or CR1) which also requires you to fly back home and wait for the visa to be processed.

The link posted above explains both options.

If you choose to file AOS directly from the US after getting married be prepared to provide evidence that you did not enter the US without the proper visa with the intention of getting married and circumventing/bypassing US immigration laws.

SIGH - You can adjust from the VWP. My husband just did. If you marry a US CITIZEN it is ok to marry your spouse and adjust from a tourist visa. We did not have any trouble, the Officer that interviewed us didn't care, nor asked any questions about that. Now, I want to press that to increase your chances of approval at the interview, you must have a clean criminal record ( or anything that might make you ineligible ) and have provided most of all the evidence of bonafide marriage. We went to our AOS interview from VWP with a BOXLOAD of stuff... We had our interview the 21st of April and on the 27th, we got our approval in the mail

Its a chance you and your spouse have to discuss before taking. In the event of a denial, you have no chances to appeal the decision.

Ethereal - Liebi didn't say you couldn't adjust, just said to be prepared to provide evidence as needed.

But you are correct, marriage to a USC allows you to adjust from a VWP, as long as there are no other adverse factors that would prevent it.

Remember, what works for one person may not work for another.

Exactly, thanks Bobby_Umit! I didn't say you can't adjust from VWP (I know somebody myself who did this, but she had to submit a heck of paperwork and do several interviews and I also know somebody who wasn't quite that successful.

So, to mkw, like I said, you can file AOS from VWP but you have to be prepared at the interview, they might ask you for proof that you didn't plan to do it "this way" (proof could be a lease showing that you still had an appartment in Germany at the time you left to visit, a job that you didn't quit but just took some time off, a paid return flight, also letters from friends and family that explain you just planned to visit before he received new orders etc.).

... And as I said, be ready to have a BOXLOAD of evidence coming with you to your interview, as you do not have a second chance to make a 1st good impression on the IO. I mean we were overly prepared, she saw that, she didnt ask us for much evidence... But that's our experience as others have gone through hell.

[bantam 0]

EtherealVocalist is right, you can adjust from VWP, I did it too. Don't let the dishonest K-1 people try to tell you otherwise. They haven't gone through the process for VWP AOS and can offer you no advice from experience for adjusting inside the US nor interview advice on what they will ask you.

[c&z 0]

I also adjusted from VWP and was approved and have received my green card. From what I have read, many others who adjusted from VWP or visitor visas were not asked about intention at POE (myself included) but, as others have already said, be prepared just in case.

You will also need to have a medical examination, including vaccines (only the appropriate ones) and a TB test. This means it can also get quite expensive. The filing fee alone is $1010 for AOS and $355 for I-130 plus costs for medical and appropriate vaccines.

Everyone else has given you good advice and the guide is very detailed, so the only thing I can add is that it's important that you file your AOS papers before your 90 days are up so you are not out of status.

Good luck

[Bobby+Umit 161]

EtherealVocalist is right, you can adjust from VWP, I did it too. Don't let the dishonest K-1 people try to tell you otherwise. They haven't gone through the process for VWP AOS and can offer you no advice from experience for adjusting inside the US nor interview advice on what they will ask you.

Bantam - please, very carefully read the posts above.

NO ONE said you can't adjust from a WP, they are giving advice if they do and alternatives.

Your post is dishonest.

Not everyone's case is the same. What works for you may not work for someone else.

[bantam 0]

EtherealVocalist is right, you can adjust from VWP, I did it too. Don't let the dishonest K-1 people try to tell you otherwise. They haven't gone through the process for VWP AOS and can offer you no advice from experience for adjusting inside the US nor interview advice on what they will ask you.

Bantam - please, very carefully read the posts above.

NO ONE said you can't adjust from a WP, they are giving advice if they do and alternatives.

Your post is dishonest.

Not everyone's case is the same. What works for you may not work for someone else.

Your advice to this person is insincere. You can offer this person no information on adjusting inside the US. You have no experience in an AOS interview according to your timeline. What advice can you offer this person adjusting inside the US? I wouldn't offer advice to someone applying for an I-601 waiver as I have no experience with waivers. Why are you even offering advice in the subforum for AOS through student/work/tourist visas?

I'm sorry if that was aggressive but I am only posting on this website because when I was looking to adjust status inside the US last year all I met was an army of K-1 users trying to dissuade everyone from doing this way. I didn't even think it was possible to do it this way until a few VWP people wrote responses before being bashed down.

Edited May 1, 2009 by bantam

[Chica Yeyé 41]

EtherealVocalist is right, you can adjust from VWP, I did it too. Don't let the dishonest K-1 people try to tell you otherwise. They haven't gone through the process for VWP AOS and can offer you no advice from experience for adjusting inside the US nor interview advice on what they will ask you.

Bantam - please, very carefully read the posts above.

NO ONE said you can't adjust from a WP, they are giving advice if they do and alternatives.

Your post is dishonest.

Not everyone's case is the same. What works for you may not work for someone else.

Your advice to this person is insincere. You can offer this person no information on adjusting inside the US. You have no experience in an AOS interview according to your timeline. What advice can you offer this person adjusting inside the US? I wouldn't offer advice to someone applying for an I-601 waiver as I have no experience with waivers. Why are you even offering advice in the subforum for AOS through student/work/tourist visas?

Quick answer: because this is a public forum; and brother Bobby is known to be quite helpful.

A lot of us have not gone through AOS or VWP at all; but have been on VJ long enough to READ and learn from other posters. Now chill.