Elopement on Tourist Visa

[osakalove 0]

Hello all, I'm a new member here I posted this in the "Japan filers" section as well, but figured it might get more views here.

I'm American, and I met my gf while I was living in Japan. We have been dating for over 3 years. I returned to California in August 09 to continue my education, and she remained in Japan. We talked about marriage, but never set anything in stone because her parents weren't supportive of a marriage while I am in grad school. She is visiting me now in the US on a tourist visa, and will be staying for 2 more months on it.

Now that we are with each other again, the thought of her returning to Japan is unappealing to both of us. We have come to a point where we are both willing to risk having her parents angry and do what we want to be happy: get married. From what I've gleaned so far from different sources, it seems like it IS possible to get married with her on a tourist visa and then file for the adjustment of status, so long as she did not enter the country with the intent to marry.

We don't need a big wedding, and are ready to go through the procedural process of things as soon possible. I've tried searching for this topic, but it seems like most information is advising about how coming with intent to marry can constitute visa fraud. Can someone point me in the right direction of information for those who did not come with intent to marry, but simply decided while in the US that marriage was indeed the course to take?

During this process, would we have the burden of proving that she did not come here with the intent to marry? Or would that be assumed? Could the length of our relationship and the fact that we had contemplated marriage end up being used against us to assert that she came here to get married? What kind of evidence could we present to rebut this?

Thanks in advance! We wanna get hitched!

[RebeccaAndPhil 5]

Hello all, I'm a new member here I posted this in the "Japan filers" section as well, but figured it might get more views here.

I'm American, and I met my gf while I was living in Japan. We have been dating for over 3 years. I returned to California in August 09 to continue my education, and she remained in Japan. We talked about marriage, but never set anything in stone because her parents weren't supportive of a marriage while I am in grad school. She is visiting me now in the US on a tourist visa, and will be staying for 2 more months on it.

Now that we are with each other again, the thought of her returning to Japan is unappealing to both of us. We have come to a point where we are both willing to risk having her parents angry and do what we want to be happy: get married. From what I've gleaned so far from different sources, it seems like it IS possible to get married with her on a tourist visa and then file for the adjustment of status, so long as she did not enter the country with the intent to marry.

We don't need a big wedding, and are ready to go through the procedural process of things as soon possible. I've tried searching for this topic, but it seems like most information is advising about how coming with intent to marry can constitute visa fraud. Can someone point me in the right direction of information for those who did not come with intent to marry, but simply decided while in the US that marriage was indeed the course to take?

During this process, would we have the burden of proving that she did not come here with the intent to marry? Or would that be assumed? Could the length of our relationship and the fact that we had contemplated marriage end up being used against us to assert that she came here to get married? What kind of evidence could we present to rebut this?

Thanks in advance! We wanna get hitched!

Hi osakalove, welcome to VJ!

"From what I've gleaned so far from different sources, it seems like it IS possible to get married with her on a tourist visa and then file for the adjustment of status, so long as she did not enter the country with the intent to marry."

Yes, this is correct. Many other VJers have adjusted from tourist visas. Since my husband is not one of them, I can't give you specific advice but I do know that it's been done before successfully.

"I've tried searching for this topic, but it seems like most information is advising about how coming with intent to marry can constitute visa fraud. Can someone point me in the right direction of information for those who did not come with intent to marry, but simply decided while in the US that marriage was indeed the course to take?"

You will want to read this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2 as that is the guide for AOS while both USC and spouse are IN the US.

"During this process, would we have the burden of proving that she did not come here with the intent to marry? Or would that be assumed? Could the length of our relationship and the fact that we had contemplated marriage end up being used against us to assert that she came here to get married? What kind of evidence could we present to rebut this?"

Unfortunately you will have the burden of proof on you, but there are certainly ways to prove your intents. Does your gf have anything that ties her to Japan (i.e. lease/mortage in her name? bank accounts at home?) as these could be used to prove that she intended to return home while visiting the States. You may also want to get some Affidavits from friends/family stating the bona fides of your relationship. These are mentioned more thoroughly in the guides. Also, there is a reason the USCIS has an interview for almost all AOS cases (and you can guarantee you will have one in your case ); it's so you will have a chance to explain your story to them so they can see whether or not you are attempting visa fraud. If your intents were clear then you will have no problem expressing this to the IO since the truth is always the easiest to explain!

All in all, it is a long road ahead of you...but well worth it to be with the one you love! There are great resources here on VJ and the members are full of experiences and success stories that I'm sure they will share with you.

[Kittykisses73 1]

I met my husband online in 2007. He came to the US for us to meet the first time in Aug 08. After he was here about 7 weeks we knew this relationship was the real deal, and decided to get married while he was on the VWP, before his I-94 expired. We arranged fir a very intimate ceremony Nov 08. We filed the AOS documents, in Feb 09, biometrics in March 09, EAD R

received in May09, and interview & green card received in July 09!

We were very careful to fill the forms out correctly, paid the proper fees, & we were asked normal questions. They did not question his intent, they were only interested in making sure our relationship was legit and not fake.

Happens to people all the time! Be sure you have all the paperwork to back up your case & you will be fine! Much luck to you both!

[tenshiswife 1]

I met my husband online in 2007. He came to the US for us to meet the first time in Aug 08. After he was here about 7 weeks we knew this relationship was the real deal, and decided to get married while he was on the VWP, before his I-94 expired. We arranged fir a very intimate ceremony Nov 08. We filed the AOS documents, in Feb 09, biometrics in March 09, EAD R

received in May09, and interview & green card received in July 09!

We were very careful to fill the forms out correctly, paid the proper fees, & we were asked normal questions. They did not question his intent, they were only interested in making sure our relationship was legit and not fake.

Happens to people all the time! Be sure you have all the paperwork to back up your case & you will be fine! Much luck to you both!

So, he went back to his home country while filing AOS? or did he stay here while filing AOS after you guys got married?

Im very curious because my case is very similar to yours. I came to USA with tourist visa to visit him without any intention to get married to my bf but he recently proposed to me and we are currently thinking to take this route..We are also thinking of the idea me not going back to my home country because separation and waiting is very hard to endure.

Your advise is very much appreciate.

[Kittykisses73 1]

He was here for the process. We married before his 90 days were up, the only catch is that once you file you CANNOT leave US until your AP has been approved or you have the greencard in hand. It took us 139 days from the date USCIS received the papers till we had the greencard, so to him that was a small price to pay.

I hope everything works out for you! Please feel free to message me if you have any questions.

[Lil Miss Sunshine 14]

Hi.. I adjusted my status from tourist visa.. during interview, we weren't asked about the intent but we have to prove that we have legit marriage.. we'll be removing the condition in 2 months.. good luck to your journey

[lechatnoir 0]

We also successfully transitioned from VWP to green card... however we WERE asked about intent. It was not accusatory ...but interviewer did ask us what my husband's intentions were when he arrived. She asked him if he intended to marry me when he got here and he said no. She then asked when he decided to marry me. Everything went smoothly, however I wanted to throw it out there that sometimes they do ask about intent!!

[tenshiswife 1]

seriously, i am freaking out over here...after reading the success stories and also the failed stories. I really appreciate all the help i can get from the members here..

since i dont have any property back in my country and i quit my job before decide to go for a long long break does not help the situation of my intent if they were to ask me..

Intention is to visit and holidaying.. but now, how am i suppose to prove that i am genuine all this time... that it was meant for holiday... getting married just came without any warning.. alot said safest way is to do K1 visa but both of us not exactly young anymore... sometimes, i wonder how long would we be able to live our lives together and how many years left for us....

i am freaking out!!!!!!

[tenshiswife 1]

Hi.. I adjusted my status from tourist visa.. during interview, we weren't asked about the intent but we have to prove that we have legit marriage.. we'll be removing the condition in 2 months.. good luck to your journey

You adjusted while you are still in the USA?

[tenshiswife 1]

He was here for the process. We married before his 90 days were up, the only catch is that once you file you CANNOT leave US until your AP has been approved or you have the greencard in hand. It took us 139 days from the date USCIS received the papers till we had the greencard, so to him that was a small price to pay.

I hope everything works out for you! Please feel free to message me if you have any questions.

Wow.. congratulation that was a smooth journey for both of you. Correct me if im wrong, after his I-94 expire, he still stays in the US while waiting for his AP? isnt that illegal since VWP only allows him to stay for 90 days.

Im so sorry for asking a lot of questions.. im trying to understand the process so that we dont mess thing up...

[Lil Miss Sunshine 14]

Hi.. I adjusted my status from tourist visa.. during interview, we weren't asked about the intent but we have to prove that we have legit marriage.. we'll be removing the condition in 2 months.. good luck to your journey

You adjusted while you are still in the USA?

yes.. i got here june 07 then we got married nov 07.. my I-94 expired early dec so we have to submit the paperwork before that.. but you dont need to worry about being out of status after you submit the necessary documents.. your status will be AOS pending

[sachinky 465]

For AOS, you must remain in the U.S. till you receive your Advance Parole. Otherwise your application is considered to be abandoned.

I'm guessing it is best to file for AOS before the I94 expires. Then your status changes to AOS pending.

[Elviorion 0]

My wife and I had a very VERY similar situation. She came from Brazil in June 08 intending to stay for 3 months on a tourist visa, and attempt to extend another 3 months. We filed for the extension but didn't hear back until early 09 that her extension was denied. I proposed to her mid Dec 08 and we were married July 8-09. She was out of status when we filed in July for her AOS. The only time intent remotely came up was during the interview on 11-17-09 when he asked when we decided to get married. Told him I proposed mid December and she said yes.

Just as long as you have all the paperwork in line, and the proper fee's paid, proof of your relationship (we used a photo album from various pictures including our VERY small wedding ceremony and some out on the town type pictures as well as bills in both of our names) and you are genuine in the interview you should be golden. They seperated every couple that was there before us for seperate interviews, but never seperated us. Personally I think they watch the waiting room as none of the other couples there were lovey kissy intimate with eachother while they waited. My wife and I sat as close as we could going through the same magazines, talking to eachother, hugging and kissing. Our interview lasted BARELY 15 minutes from the time he took us into his office to the time we were back in our car. Other folks seemed to be in there for much MUCH longer, so I think part of the proof they look at comes from the security cameras in the waiting rooms as well as the candor and things you bring into the interview.

Be yourselves, be honest, and there should be no problems. I couldn't stand the thought of losing my love for any period of time after she came for the visit, and it sounds like you guys are in the exact same situation.

Things of note: She had been denied a tourist visa in the past, she had been denied the extension of her most recent visa, she was denied a student visa in the past. She is my second wife, and I was only divorced from my first for a short period of time. Things were pretty stacked against us, but EVERYONE who spends any time with us comments about our relationship and how they can tell we really love one another. As long as you truly love one another, everything else seems to fall into place Best of luck!

[tenshiswife 1]

If there is the case i should not have any problem in applying for AOS. Im facing a problem to get married in NY city hall. They insisted me to have a social security number but when i tried to apply 1, they do not allow me to do so because i am holding a B2 tourist visa. I would like to know what kind of documents i really need in order to get married in NY. NY City Hall is not making any easy for us. Thats my biggest problem as without getting married in the city hall, i cant even proceed with AOS.

[osakalove 0]

Thanks for all of the great information. It is all very helpful.

I have a similar question about the marriage itself. What kinds of documents are needed in order to get married (in CA, or in general) to be able to apply for the AOS in the first place? I see tenshiswife is having problems with the marriage in NY because of no SSN. Is that normal?

Cheers