Marriage after Tourist entry

[icco 0]

Hi VJ Forum,

My SO(USC) and I(CAN) met last Dec and have been seeing each other regularly since then. We spent the summer abroad and I entered the US in late July intending to return. Within a week we both decided to live together and get married, so we did just that. I hadn't planned on staying here past September, I only have one bag with me and a return ticket, but am now filing for AOS once we find a place etc.

I've read conflicting reports on timelines. Essentially we married under 30 days after entering, and if I filed an AOS, it would be between 30-60 days after entry. When (at the interview?) and how (ties?) do I prove that I simply entered to spend the remainder of the summer with her. Should I be concerned with the 30-60-90 day rule?

Thanks

Icco

[NigeriaorBust 4,087]

The guide is as much about when you marry as when you file. If you arrive and marry quickly it is hard to show that wasn't your original intent.

[Chica Yeyé 41]

Even if you didn't have intent to immigrate on entry -and i believe you-, you got married way too soon after entry; and it will be on you to prove lack of intent. and good luck.

[icco 0]

I should have thought about this before we got married so hastily.

[Chica Yeyé 41]

I should have thought about this before we got married so hastily.

oh well. You can always go back to Canada while you are processing.

[sasaqlain 24]

Hi VJ Forum,

My SO(USC) and I(CAN) met last Dec and have been seeing each other regularly since then. We spent the summer abroad and I entered the US in late July intending to return. Within a week we both decided to live together and get married, so we did just that. I hadn't planned on staying here past September, I only have one bag with me and a return ticket, but am now filing for AOS once we find a place etc.

I've read conflicting reports on timelines. Essentially we married under 30 days after entering, and if I filed an AOS, it would be between 30-60 days after entry. When (at the interview?) and how (ties?) do I prove that I simply entered to spend the remainder of the summer with her. Should I be concerned with the 30-60-90 day rule?

Thanks

Icco

The most important thing is a bonafide marriage during an AOS interview. We got married within 4 days of my arrival into the US. During my interview, the IO never even asked me the how, what, when questions, let alone the time issue. Yes, Intention is a concern which leads to visa-fraud. But since my journey, all those that I know on visa-journey and other forums, who have adjusted from Tourist/VWP, not one of them have been asked the intention quesion, and all of them have been approved. If you are honest, you are well within the safe zone. I did not come here and met someone and BAM, we got married. We knew each other. Our families knew each other. It was a tradional propasal. We were supposed to get married, and we did. I guess in my case, the IO was a decent reasonable person, and secondly we were expecting a baby, which I am holding in my hands right now. That probably led to leniency.

[Bobby+Umit 161]

Hi VJ Forum,

My SO(USC) and I(CAN) met last Dec and have been seeing each other regularly since then. We spent the summer abroad and I entered the US in late July intending to return. Within a week we both decided to live together and get married, so we did just that. I hadn't planned on staying here past September, I only have one bag with me and a return ticket, but am now filing for AOS once we find a place etc.

I've read conflicting reports on timelines. Essentially we married under 30 days after entering, and if I filed an AOS, it would be between 30-60 days after entry. When (at the interview?) and how (ties?) do I prove that I simply entered to spend the remainder of the summer with her. Should I be concerned with the 30-60-90 day rule?

Thanks

Icco

The most important thing is a bonafide marriage during an AOS interview. We got married within 4 days of my arrival into the US. During my interview, the IO never even asked me the how, what, when questions, let alone the time issue. Yes, Intention is a concern which leads to visa-fraud. But since my journey, all those that I know on visa-journey and other forums, who have adjusted from Tourist/VWP, not one of them have been asked the intention quesion, and all of them have been approved. If you are honest, you are well within the safe zone. I did not come here and met someone and BAM, we got married. We knew each other. Our families knew each other. It was a tradional propasal. We were supposed to get married, and we did. I guess in my case, the IO was a decent reasonable person, and secondly we were expecting a baby, which I am holding in my hands right now. That probably led to leniency.

But your not yet approved, are you?

Each case is different.

[sasaqlain 24]

But your not yet approved, are you?

Each case is different.

True, But atleast I am done with the interview and the intent question never came up. Had it bothered them, they would definitely have asked it. Also, My approval/denial got delayed due to lacking documents. Again, documents related to an entirely different issue. And you are right. Each case is different. I already told to OP that intention and visa-fraud are key issues, but not always are they brought up during interviews. I guess, if approved, my case would the most unique in terms of time-related. Atleast on this forum, I have not seem one such person who adjusted within a week.

To The OP. Bobby_Umit is rarely wrong. I would listen to this member's advice/comment. I just posted my experience and am not trying to define, the way USCIS will look at your case. In my defence, I had credible proof to prove my intentions and ties to my home-country. A return ticket alone would not be counted as your intention to go back home.

[Kittykisses73 1]

Please read my timeline. If you have any questions please feel free to message me.

Much luck & happiness!

[lechatnoir 0]

If by chance the intention came up at the interview, you would need to show proof of residency back home, bank accounts, loans, a job waiting for you, in some cases a letter from a relative/co-worker/friend stating that they expected you back by a certain date (but to me personally that doesn't seem as credible as the other things). Also plane tickets home could be supplemental but those, again to me personally, seem trivial as well as most people buy round trip tickets instead of one ways as they are cheaper.

I also have not heard on this board or any others of people having any problems with VWP adjustment in recent months, but as others have said its a case by case basis and always a risk. Coming in and getting married a week later is maybe riskier than most... but who are we to judge? Would be strictly up to the IO and what kind of mood they are in!

My husband is also adjusting from VWP but we did not decide to get married till after he had been here for a few months.

[Dave and Helena 0]

But since my journey, all those that I know on visa-journey and other forums, who have adjusted from Tourist/VWP, not one of them have been asked the intention quesion, and all of them have been approved.

I adjusted from VWP, got married 90 days after entry and we were asked about intent. Basically the IO asked me when I entered the country and followed it up with "So you came here with the intent to get married?". We told him about why we decided to get married and adjust. Our reasoning was good enough for him and we were approved. I did bring evidence proving there was no intent but never had to bring it up.

[Bobby+Umit 161]

But your not yet approved, are you?

Each case is different.

To The OP. Bobby_Umit is rarely wrong. I would listen to this member's advice/comment. I just posted my experience and am not trying to define, the way USCIS will look at your case. In my defence, I had credible proof to prove my intentions and ties to my home-country. A return ticket alone would not be counted as your intention to go back home.

Oh - I have been wrong before, but I learn and correct my mistakes

Here is a recent interview experience, where the person was questioned pretty intently on "intent". If the OP didn't have the answers, it could of been pretty bad...

If you have the truth on your side, and the evidence, of course, you should have no issues.

[icco 0]

Thanks for sharing your experiences, it gives me an idea of what I should expect and how to prepare, letter from employer, accounts, loans, bills etc. in Canada.

Something that has been mentioned in forums but doesn't apply to me is the VWP and marriage, remembering that Canada and Mexico don't fall under the VWP but rather some sort of 180 days Tourist Visa. I know there have been some doubts about VWP and AOS, but who knows whats really going on.

[deidre 13]

Hi Icco

Yeah i too have also read everything about the 30-60-90 day rule.

I came in on a tourist visa - we got married on day 59.

We did have one initial consultation with an immigration lawyer and he freaked us out coz he was saying "ohhh you married before 60 days - tat will bring up red flags etc".

HOWEVER - i had no problems what-so-ever. In the end we did not use an immigration lawyer and did all the paperwork ourselves. I recently just had the interview and was approved - I'll be getting my GC in 2 weeks time!!!

I guess the main thing is that you prove you didnt mean to stay here - so keep all of your tickets etc and file copies with your paperwork. Along with the other evidence that you live together too.

You should be fine!!!