Married on a Tourist Visa

[angelnoah 0]

Hi all,

This is not for me but for my friend. Since I came here on a K3 visa, I don't have any idea about how it works for those who have tourist visas getting married with a USC here in the US. She had some questions that I am not sure of the answers.

Here's her case:

She came here in the US last April as a tourist, and then this October, she got married to a USC. So, she's only here for 5 months. She's not yet an overstaying, and according to her, they are now starting to fill up forms I-130 for her adjustment of status.

I'm just wondering if she is doing the right thing, or does she really need to go back home before her visa expires? She sounds like she will just stay here and file for AOS, will that be okay?

If she can proceed with her adjustment of status without leaving, what are her chances of getting a green card?

What are the proofs she has to show to the immigration?

I am not familiar dealing with tourist visa marriages in the US, so any advice is kindly appreciated. At least it can be a help to my friend.

Thanks in advance.

[Brother Hesekiel 2,235]

Don't ask me why, but USCIS is most sceptical when tourists with a B2 visa and "no intention to get married here" get married within the first 30 days of their visit. Strangely enough, from day 31 on the "default assumption" reverses. Your friend should be fine, assuming she can show that she intended to return to the Philippines and still has ties remaining to her home country (i.e., a job, a child, parents who need her assissitence).

[Brother Hesekiel 2,235]

Don't ask me why, but USCIS is most sceptical when tourists entering with a B2 visa and "no intention to get married here" get married within the first 30 days of their visit. Strangely enough, from day 31 on the "default assumption" reverses. Your friend should be able to adjust status without problems, assuming she can show that she intended to return to the Philippines and still has ties remaining to her home country (i.e., a job, a child, parents who need her assistance).

[LaL 418]

Don't ask me why, but USCIS is most sceptical when tourists with a B2 visa and "no intention to get married here" get married within the first 30 days of their visit. Strangely enough, from day 31 on the "default assumption" reverses. Your friend should be fine, assuming she can show that she intended to return to the Philippines and still has ties remaining to her home country (i.e., a job, a child, parents who need her assissitence).

This is not true.

[matt01 0]

Hi all,

This is not for me but for my friend. Since I came here on a K3 visa, I don't have any idea about how it works for those who have tourist visas getting married with a USC here in the US. She had some questions that I am not sure of the answers.

Here's her case:

She came here in the US last April as a tourist, and then this October, she got married to a USC. So, she's only here for 5 months. She's not yet an overstaying, and according to her, they are now starting to fill up forms I-130 for her adjustment of status.

I'm just wondering if she is doing the right thing, or does she really need to go back home before her visa expires? She sounds like she will just stay here and file for AOS, will that be okay?

If she can proceed with her adjustment of status without leaving, what are her chances of getting a green card?

What are the proofs she has to show to the immigration?

I am not familiar dealing with tourist visa marriages in the US, so any advice is kindly appreciated. At least it can be a help to my friend.

Thanks in advance.

Hi all,

This is not for me but for my friend. Since I came here on a K3 visa, I don't have any idea about how it works for those who have tourist visas getting married with a USC here in the US. She had some questions that I am not sure of the answers.

Here's her case:

She came here in the US last April as a tourist, and then this October, she got married to a USC. So, she's only here for 5 months. She's not yet an overstaying, and according to her, they are now starting to fill up forms I-130 for her adjustment of status.

I'm just wondering if she is doing the right thing, or does she really need to go back home before her visa expires? She sounds like she will just stay here and file for AOS, will that be okay?

If she can proceed with her adjustment of status without leaving, what are her chances of getting a green card?

What are the proofs she has to show to the immigration?

I am not familiar dealing with tourist visa marriages in the US, so any advice is kindly appreciated. At least it can be a help to my friend.

Thanks in advance.

go home and apply for a CR1 or DCF

[angelnoah 0]

I'm confused.

As I understand, if she adjusts status and gets her green card, she doesn't need to return home and establish ties to return to the Philippines anymore.

On the other hand I have been hearing some say that she has to return back home and file? Some say she can proceed with the adjustment of status here, and just prove to the immigration that she had no intentions of getting married while she was here and that she got married on the "spur of the moment.

Her visa is not expired yet.

[LaL 418]

go home and apply for a CR1 or DCF

why? she can file for AOS due to her marriage to a USC. some say she proved her intent at the border, which makes sense as if she was suspected of entering with intent to immigrate - she wouldn't have been let in.

[justashooter 430]

http://www.visajourney.com/forums/index.ph...page=i130guide2

the guide for adjusting that is applicable. read the warning and think about it. lots of people have passed, but some have failed, resulting in bans.

[angelnoah 0]

Thanks for the inputs.

Just wanna ask what are the proofs she should submit if she'll be asked how can she prov her coming here was not intended to get married and that her marriage was a decision of "spur of the moment" thing?

[LaL 418]

it wouldn't hurt.

[Usui Takumi 1,562]

Thanks for the inputs.

Just wanna ask what are the proofs she should submit if she'll be asked how can she prov her coming here was not intended to get married and that her marriage was a decision of "spur of the moment" thing?

She need only submit materials that validate the marriage, nothing more nothing less. Giving them items that "might" prove they didn't intend to marry is just giving them extra items to scrutinize and use against you.

If they are going to adjust they need to focus on what really matters and that is providing everything related to their relationship and showing income to support the adjuster.

[Krikit 1,163]

Moving from General Immigration Discussion to AOS From Other Visa forum.

[Boiler 43,788]

In the vast vast majority of cases the subject never comes up, nothing you mentions suggest otherwise.

If she has any concerns have a one off consultation with an immigration lawyer.

Unfortunately there are many posters on this site who do not have a clue.

[wilgrace 3]

In the vast vast majority of cases the subject never comes up, nothing you mentions suggest otherwise.

If she has any concerns have a one off consultation with an immigration lawyer.

Unfortunately there are many posters on this site who do not have a clue.

Tell your friend to go back home before her I-94 expired and file a CR-1 visa....tell her to gather all the papers needed for Cr-1 let her husband send it immigration while she is on her own country and wait for approval then less worries about her status....i advice this for we got the same problem..my wife came here as a tourist visa...we worried so much about the AOS...i let her go back to her country before her I-94 expired thats because i dont want to take the risk....i got an approval of her CR-1 a week ago we got an approval just for 2 months waiting.....even though my wife didnt came here for the intention to get married....i rather not to take the risk for if she got denied there's no way to re-apply. Just follow the rules about the visa is more easier way than worrying what gonna be happend next. I am so thankful of this site and to all those advising me before for what to do....

[angelnoah 0]

In the vast vast majority of cases the subject never comes up, nothing you mentions suggest otherwise.

If she has any concerns have a one off consultation with an immigration lawyer.

Unfortunately there are many posters on this site who do not have a clue.

Tell your friend to go back home before her I-94 expired and file a CR-1 visa....tell her to gather all the papers needed for Cr-1 let her husband send it immigration while she is on her own country and wait for approval then less worries about her status....i advice this for we got the same problem..my wife came here as a tourist visa...we worried so much about the AOS...i let her go back to her country before her I-94 expired thats because i dont want to take the risk....i got an approval of her CR-1 a week ago we got an approval just for 2 months waiting.....even though my wife didnt came here for the intention to get married....i rather not to take the risk for if she got denied there's no way to re-apply. Just follow the rules about the visa is more easier way than worrying what gonna be happend next. I am so thankful of this site and to all those advising me before for what to do....

Thanks shairajj. They already submitted their AOS. She had her medical more than a week ago. She said she's staying here and just continue her adjustment of status. I guess I have to respect whatever her decisions will be. Although, I agree your suggestion is the safest route. I just told her she just has to gather proofs that she had no intention of coming here to get married. I find it really complicated for her but she's taking the risk, so can't do anything about it.