Marriage on Tourist Visa

[luv2uallday 1]

Hi,

My wife and I got married last week after she entered the country on a tourist visa about a month ago. She is divorced with two kids at the age of 17 and 13 who are currently in their home country. Can someone direct me to a site where it shows what forms to submit and the instructions so I can sponsor my wife and her kids for permanent residency status?

Do I have to sponsor and submit a form for each of her kid?

thanks in advance for the help

here is something you should consider.

souce : http://www.san-diego-immigration-lawyers.com/K-visas.htm

30/60/90 day rule

Marrying a United States citizen after entry thru the Visa Waiver program or through a B1/2 tourist visa

Of course it is perfectly proper to come to the US on a tourist visa or visa waiver to marry a United states citizen if AFTER the marriage you intend to return to your home country.

However ifs such a person does not return home and subsequently applies for a 'Green card' in the US -thru the adjustment of status process-then the visa fraud problem could easily resurface and cause that person real problems.

In essence, the Immigration service normally applies the 30/60/90 day rule as it relates to fraudulent intent.

The rule is if you apply for adjustment of status within 30 days of entry, there is an almost unrebuttable presumption that you had a nonimmigrant intent when you entered as a tourist and hence are deemed to have committed visa fraud. Between 30 and 60 days, the presumption is rebuttable. Between 60 and 90 days the rebuttable presumption reverses and unless the Immigration service has knowledge that the intent was preconceived, it will grant the adjustment of status. After 90 days, the issue is hardly ever raised.

Don't apply too soon. you will be in possible trouble if you do. Because by your timetable it would seem that you are trying to circumvent the immigration laws I would venture maybe this whole thing was premeditated. It's legal but unethical. so many people wait while you guys skip ahead of the line. Also this will come back to the consulate office that granted the visa which makes it that much harder on those with hopes and dreams of getting a visa. I wish you guys a happy marriage just wish you guys did it the honest way have a nice day.

disclaimer i am not a lawyer just a man with opinions seek the advice of a qualified immigration attourney on matters such as thess

Edited October 8, 2009 by luv2uallday

[john_and_marlene 162]

Hi,

My wife and I got married last week after she entered the country on a tourist visa about a month ago. She is divorced with two kids at the age of 17 and 13 who are currently in their home country. Can someone direct me to a site where it shows what forms to submit and the instructions so I can sponsor my wife and her kids for permanent residency status?

Do I have to sponsor and submit a form for each of her kid?

thanks in advance for the help

here is something you should consider.

souce : http://www.san-diego-immigration-lawyers.com/K-visas.htm

30/60/90 day rule

Marrying a United States citizen after entry thru the Visa Waiver program or through a B1/2 tourist visa

Of course it is perfectly proper to come to the US on a tourist visa or visa waiver to marry a United states citizen if AFTER the marriage you intend to return to your home country.

However ifs such a person does not return home and subsequently applies for a 'Green card' in the US -thru the adjustment of status process-then the visa fraud problem could easily resurface and cause that person real problems.

In essence, the Immigration service normally applies the 30/60/90 day rule as it relates to fraudulent intent.

The rule is if you apply for adjustment of status within 30 days of entry, there is an almost unrebuttable presumption that you had a nonimmigrant intent when you entered as a tourist and hence are deemed to have committed visa fraud. Between 30 and 60 days, the presumption is rebuttable. Between 60 and 90 days the rebuttable presumption reverses and unless the Immigration service has knowledge that the intent was preconceived, it will grant the adjustment of status. After 90 days, the issue is hardly ever raised.

Don't apply too soon. you will be in possible trouble if you do. Because by your timetable it would seem that you are trying to circumvent the immigration laws I would venture maybe this whole thing was premeditated. It's legal but unethical. so many people wait while you guys skip ahead of the line. Also this will come back to the consulate office that granted the visa which makes it that much harder on those with hopes and dreams of getting a visa. I wish you guys a happy marriage just wish you guys did it the honest way have a nice day.

disclaimer i am not a lawyer just a man with opinions seek the advice of a qualified immigration attourney on matters such as thess

I would certainly warn against using the services of any immigration attorney that continues to espouse this antiquated advice.

[rin and john 71]

First, you will need permission from the children's father for them to immigrate or a court order allowing it.

Second, if the 17 year old does not get a visa before they are 18, they won't be eligible.

The age requirement for permission from biological parent is consulate dependent... so it is a possibility or a maybe...

Why is the child not eligible after age 18?

Since the OP's wife is here they are wanting to adjust status here in the USA and the USC can petition for the children as his stepchildren as the step parent relationship was created before the age of 18

For the biological parent's permission--I don't know of any consulate that would not require it for the 13 y.o.

18--because they become an adult child vs. minor child

The 18 y.o. limit is just for the K4. The stepfather can still petition as first preference until 21.

John - Wasn't sure about this, so looked at the USCIS website. It would appear a K4 can be obtained up until 21:

http://www.uscis.gov/files/nativedocuments/U.S._Citizens.pdf

Is there somewhere else that specifies 18 years old?

John

[Anh map 2,098]

To do it "by the book" your spouse should return to her home country and you petition for all of them.

USCIS regulations allow for an adjustment from other visas..... not just family-based visas. So they are doing it "by the book".

I was just quoting the VJ Guide recommendations. Darn those VJ guides for leading me down the wrong path.

The OP did not indicate spouse's country. Would that matter regarding how easy/difficult it would be for the kids to obtain another type of visa. Just thinking that the parent may not want to be separated from the kids too long.

[rin and john 71]

So can I sponsor her while she is here on a tourist visa or does she have to go back to her home country? I read the link you provided for me but still not sure if I need to submit I-130 and I-485 for all three (wife and both her kids).

thanks

jsap - All three will need an I-130 and an I-485, eventually. Whether your wife wishes to remain in the USA until she receives her green card or return to her country to wait with her (now your) children won't change this. I would avoid filing for a K3/K4 visa as the CR-1 visa for them (or direct to GC if she stays in the USA) would be a much better option. Read here for more guidance from USCIS:

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

[payxibka 10,044]

First, you will need permission from the children's father for them to immigrate or a court order allowing it.

Second, if the 17 year old does not get a visa before they are 18, they won't be eligible.

The age requirement for permission from biological parent is consulate dependent... so it is a possibility or a maybe...

Why is the child not eligible after age 18?

Since the OP's wife is here they are wanting to adjust status here in the USA and the USC can petition for the children as his stepchildren as the step parent relationship was created before the age of 18

For the biological parent's permission--I don't know of any consulate that would not require it for the 13 y.o.

18--because they become an adult child vs. minor child

The 18 y.o. limit is just for the K4. The stepfather can still petition as first preference until 21.

As for biological parent permissionm I was speaking of the 17 year old since you indicated children's father and did not make an age distinction between the 13 and the 17 year old

Also I believe the K-4 is 21 not 18

Edited October 9, 2009 by payxibka