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Filed: Citizen (apr) Country: Jamaica
Timeline

A friend is engaged and her fiance has 10 year visitors visa. Can they get married here in US and change his status? If not, why?

:help:

N-400 - Naturalization/Citizenship

10/26/12 - Sent N-400 packet to Phoenix lockbox via USPS mail w/Certified Delivery, received 10/29/12, check cashed 11/02/12

11/05/12 - NOA-1 received, notice date 10/31/2012, received and priority date 10/29/2012

11/09/12 - Biometrics notice received, biometrics appointment date 11/19/12

11/21/12 - In line for interview scheduling (letter received via USPS mail 12/17/12)

01/16/13 - N-400 interview/testing - APPROVED! Oath ceremony letter received late Jan. 2013

02/26/13 - OATH CEREMONY COMPLETED - NATURALIZED US CITIZEN!

751 - Removing Conditions

06/28/08 - Sent 751 packet to CSC via USPS Priority Mail (signature required)

07/05/08 - NOA received, dated 6/30/08

10/23/08 - Card ordered: APPROVED! (USCIS website)

10/30/08 - 10 YR GREENCARD RECEIVED

K-1 and AOS

07/07/05 - K1 Packet received - USPS tracking

09/19/05 - K1 approval online

12/01/05 - 1st K1 interview in Kingston: need updated birth certificate

12/13/05 - 2nd K1 interview in Kingston: Approved!

05/01/06 - AOS/EAD packet received

08/09/06 - AOS interview in SF: APPROVED!

08/19/06 - 2 YR GREENCARD RECEIVED

-----------

Live your life!

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Filed: Citizen (apr) Country: England
Timeline

A visitor's visa is for visiting, not for immigrating. No, they cannot get married on it and change status if it was premeditated. There are exceptions made for spur-of-the-moment marriages and the like, but to come into the country on a visitor's visa intending to stay and adjust status is illegal. If they do that, they will be asked to prove that it was, in fact, spur of the moment. The consequences for getting caught are not worth the risk; for starters, if AOS is denied there is no right to appeal, the foreign national MUST leave the country, and finding a way back can be potentially difficult (especially since they will likely have accrued an overstay, possibly significant, while waiting for AOS).

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A friend is engaged and her fiance has 10 year visitors visa. Can they get married here in US and change his status? If not, why?

Short answer is:

He is not allowed to come to the US with the intention of marrying her. However, he can come "for a short visit", and change his mind while in the US. Many people choose this strategy. It is fairly risky, though.

Bartek

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A friend is engaged and her fiance has 10 year visitors visa. Can they get married here in US and change his status? If not, why?

:help:

Not enough information.

Is he currently in the U.S.

If he is currently in the U.S., when was the decision made to get married--before or after his entry?

If the egagement was prior to entry, the answer is no.

If he is not currently in the U.S. the answer is also no.

The answer is yes only if he used the visa to enter the U.S. with the intention to visit and leave before the I-94 expired.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Citizen (apr) Country: Jamaica
Timeline

A friend is engaged and her fiance has 10 year visitors visa. Can they get married here in US and change his status? If not, why?

:help:

Not enough information.

1. Is he currently in the U.S.

If he is currently in the U.S., when was the decision made to get married--before or after his entry?

If the egagement was prior to entry, the answer is no.

2. If he is not currently in the U.S. the answer is also no.

The answer is yes only if he used the visa to enter the U.S. with the intention to visit and leave before the I-94 expired.

He is not in the US

N-400 - Naturalization/Citizenship

10/26/12 - Sent N-400 packet to Phoenix lockbox via USPS mail w/Certified Delivery, received 10/29/12, check cashed 11/02/12

11/05/12 - NOA-1 received, notice date 10/31/2012, received and priority date 10/29/2012

11/09/12 - Biometrics notice received, biometrics appointment date 11/19/12

11/21/12 - In line for interview scheduling (letter received via USPS mail 12/17/12)

01/16/13 - N-400 interview/testing - APPROVED! Oath ceremony letter received late Jan. 2013

02/26/13 - OATH CEREMONY COMPLETED - NATURALIZED US CITIZEN!

751 - Removing Conditions

06/28/08 - Sent 751 packet to CSC via USPS Priority Mail (signature required)

07/05/08 - NOA received, dated 6/30/08

10/23/08 - Card ordered: APPROVED! (USCIS website)

10/30/08 - 10 YR GREENCARD RECEIVED

K-1 and AOS

07/07/05 - K1 Packet received - USPS tracking

09/19/05 - K1 approval online

12/01/05 - 1st K1 interview in Kingston: need updated birth certificate

12/13/05 - 2nd K1 interview in Kingston: Approved!

05/01/06 - AOS/EAD packet received

08/09/06 - AOS interview in SF: APPROVED!

08/19/06 - 2 YR GREENCARD RECEIVED

-----------

Live your life!

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Then the answer is no.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Citizen (apr) Country: Russia
Timeline
He is not allowed to come to the US with the intention of marrying her.
This part is false. It is only illegal to come in on a tourist visa with immigrant intent. One can come in on a tourist visa and get married without the immigration intent part (i.e. choose to return after the marriage).
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Filed: Timeline

Jonsie,

This is something for your friend to discuss in a consultation with an immigration attorney.

And she will probably want to discuss adjustment of status, not change of status - they are two different things.

Yodrak

A friend is engaged and her fiance has 10 year visitors visa. Can they get married here in US and change his status? If not, why?
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He is not allowed to come to the US with the intention of marrying her.
This part is false. It is only illegal to come in on a tourist visa with immigrant intent. One can come in on a tourist visa and get married without the immigration intent part (i.e. choose to return after the marriage).

Well, my answer was correct in the context of the original question ("Can they get married here in US and change his status?"). But strictly speaking, you are absolutely right. Thanks for the correction.

Bartek

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Filed: Citizen (apr) Country: England
Timeline

One big thing to consider is that of denial of entry at POE.

If he turns up with everything he owns in tow, has no proof of ties because he's sold the house/given up the rented apartment/closed all his bank accounts/killed off his family (you get the picture :P ), no return ticket and admits to having a fiancee in the US, they are simply not going to let him in. If they ask at the POE what his purpose for the trip is and he lies, he's in big trouble. That's a material misrepresentation. If he tells the truth - ie. he's here to marry and immigrate, they'll tell him to get a K1 and put him straight back on a plane.

It's not as simple as that. The people who have adjusted from visitor status here (myself included) truly did not enter with the intent to remain. Mostly, we hadn't even contemplated getting married, much less right then. That's why they allow people to do the AOS from B2/VWP; NOT so that people can deliberately circumvent the system.

:star:

Make sure you're wearing clean knickers. You never know when you'll be run over by a bus.

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Filed: Citizen (apr) Country: England
Timeline

Just busy living, moving, working.... all the usual! Also not been about so much in the visa fora, just OT. (Getting lazy :lol: )

Christina

:star:

Make sure you're wearing clean knickers. You never know when you'll be run over by a bus.

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Filed: K-1 Visa Country: Wales
Timeline
That's why they allow people to do the AOS from B2/VWP; NOT so that people can deliberately circumvent the system.

I doubt if that was the case, more likely a happy accident from your perspective. And I am sure there are many who enter on a non immigrant visa with the intent of staying.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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