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Bralaheh

Got married to fiance in the US on visitors visa

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Filed: Country: Canada
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hello all

i have went through quite the journey with my beautiful iranian fiance. Excuse me for being long winded but I'll explain the situation fully so I can get as close to an accurate answer as possible. I apologize if its in the wrong forum or if its asking too much for some. If it's bothersome like I said before, I apologize. I met my fiance online on May 8th, 2009. After a few months I flew to Canada where she had recently (within the year) immigrated to Canada. Between August and February of the next year I made as many tricks back and forth as my job and bank account could allow. I filed the I-129f in October and about that time we came across some troubles. My fiances family was against us being together. They let us be for quite a while without them bothering us until they realized that we were serious about what we wanted to do, which was us wanting to be together forever. Her mother and father went from calling her names and threatening to kick her out of the house to her father cornering her in her home and threatening to kill her. We quickly got her into a women's shelter and then soon after got her an apartment of her own. A few days after that I was able to fly and see her and we went to the police department and pressed charges on his threat and the police arrested her father and sent him to jail. He was only there for a night. About a week later the police escorted her into her home and she grabbed a bag of clothes and a few important documents. Things were tough with me not being able to be there and protect her. It was a difficult time for her. In January, after many tries she finally got a visitors visa to come to the US for the first time and see my home and my family. In late February she finally was able to come see me but unfortunately she was stopped in the airport. She was stopped and questioned in a little locked room for up to 4-5 hours. They made her miss her flight. When she finally got into my arms in the US her face was filled with tears and I immediately called a lawyer. They fingerprinted her 4 times, kept taking her passport and taking pictures and even kept asking her over and over again where her American drivers license. She had never been in the country before!! They even broke her laptop!! Our first two days together were me on the phone calling lawyers. I even called the ACLU. They all told me the same thing. They said that since she wasn't safe in Canada (her father said he wanted to kill her) that we should just get married. While we were thinking about what we should do and if we shoudl listen to the lawyers we got our NOA2 for the K-1 visa. We still finally decided that we would listen to the lawyers (after talking to 10+) and get married. It was a pain getting her money from her bank account and her last check from her job. It was a pain getting her bag from her apartment and getting her utilities turned off and even harder getting her loan figured out with the university she was going to. However we finally did and we got married this past Saturday, one year from the day we met. We received our marriage license today and now we are trying to figure out what steps to take next. I filled out all of the paperwork for the I-129f myself with no RFE. I have been reading diligently on this site but most things that I find are of people who had gotten the fiance visa/marriage visa. I am getting together all of the paperwork needed for the I-485 I just don't know what differences my pack will look like compared to someone who did the process differently/i hate to say it but "legally". What I was told by the lawyers is we will have to prove that we didn't plan on her visitors visa to be used to get her here for good. It wasn't. All I could think of is if she went back to Canada after the horrible things her family were making her go through and the treatment she got in the airport that it would be better if she was with me (safe)....if anyone can help it would be greatly appreciated. thanks to anyone who helps

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Filed: AOS (apr) Country: Philippines
Timeline

really hard to read... paragraphs are essential

hello all

i have went through quite the journey with my beautiful iranian fiance. Excuse me for being long winded but I'll explain the situation fully so I can get as close to an accurate answer as possible. I apologize if its in the wrong forum or if its asking too much for some. If it's bothersome like I said before, I apologize. I met my fiance online on May 8th, 2009. After a few months I flew to Canada where she had recently (within the year) immigrated to Canada.

Between August and February of the next year I made as many tricks back and forth as my job and bank account could allow. I filed the I-129f in October and about that time we came across some troubles. My fiances family was against us being together. They let us be for quite a while without them bothering us until they realized that we were serious about what we wanted to do, which was us wanting to be together forever. Her mother and father went from calling her names and threatening to kick her out of the house to her father cornering her in her home and threatening to kill her. We quickly got her into a women's shelter and then soon after got her an apartment of her own.

A few days after that I was able to fly and see her and we went to the police department and pressed charges on his threat and the police arrested her father and sent him to jail. He was only there for a night. About a week later the police escorted her into her home and she grabbed a bag of clothes and a few important documents. Things were tough with me not being able to be there and protect her. It was a difficult time for her. In January, after many tries she finally got a visitors visa to come to the US for the first time and see my home and my family. In late February she finally was able to come see me but unfortunately she was stopped in the airport. She was stopped and questioned in a little locked room for up to 4-5 hours. They made her miss her flight. When she finally got into my arms in the US her face was filled with tears and I immediately called a lawyer. They fingerprinted her 4 times, kept taking her passport and taking pictures and even kept asking her over and over again where her American drivers license. She had never been in the country before!! They even broke her laptop!!

Our first two days together were me on the phone calling lawyers. I even called the ACLU. They all told me the same thing. They said that since she wasn't safe in Canada (her father said he wanted to kill her) that we should just get married. While we were thinking about what we should do and if we shoudl listen to the lawyers we got our NOA2 for the K-1 visa. We still finally decided that we would listen to the lawyers (after talking to 10+) and get married. It was a pain getting her money from her bank account and her last check from her job. It was a pain getting her bag from her apartment and getting her utilities turned off and even harder getting her loan figured out with the university she was going to. However we finally did and we got married this past Saturday, one year from the day we met.

We received our marriage license today and now we are trying to figure out what steps to take next. I filled out all of the paperwork for the I-129f myself with no RFE. I have been reading diligently on this site but most things that I find are of people who had gotten the fiance visa/marriage visa. I am getting together all of the paperwork needed for the I-485 I just don't know what differences my pack will look like compared to someone who did the process differently/i hate to say it but "legally". What I was told by the lawyers is we will have to prove that we didn't plan on her visitors visa to be used to get her here for good. It wasn't. All I could think of is if she went back to Canada after the horrible things her family were making her go through and the treatment she got in the airport that it would be better if she was with me (safe)....if anyone can help it would be greatly appreciated. thanks to anyone who helps


YMMV

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Seeing how your married now, maybe you could file for a CR-1 Visa. She will have to go back to Canada for sometime though during this process. Filing for AOS is not a sure thing, especially since you 2 were seeing each other for a year. So, the intention of getting married at some point, might impact getting AOS. Perhaps, using a Lawyer may be your best option, since there was abuse involved. Also, you will want to make sure that she is not in the USA longer than 6 months, because that too, could impact any legal immigration.


2/7/13 mailed I130 x 2

2/14/13 checks cashed $420 x 2

4/3/13 RFE more divorce info requested and marriage certificate(which I had already sent)

4/9/13 mailed additional info

4/19/13 I130 approved

5/10/13 NVC received

5/16/13 Called NVC and got Case #s and Invoice ID #s

5/17/13 USCIS website states: Your case can not be found at this time in My Case Status. Please check your receipt number and try again.

5/24/13 Paid AOS ($88.00) fee online

5/30/13 Emailed I-864 package for both kids

6/3/13 paid IV bill $230 x 2 kids

6/5/13 IV bill shows paid, DS260 available

6/14/13 CHILDREN'S PASSPORTS ARRIVED!!!!

6/14/13 filed online DS-260 for both kids

6/16/13 emailed Supporting docs for DS-260 for both kids

7/9/13 CHECKLIST for both kids...sad.png

7/9/13 checklist response sent (birth certs and passport Bio Page <again>)

8/2/13 CHECKLIST both kids

8/3/13 checklist response sent (I-864 AGAIN and paystubs - sent last 6 paystubs)

8/28/13 ***** INTERVIEW SCHEDULED***** for 10/9/13

9/11/13 Medicals completed in Toronto @ Dr. Seiden's office

10/9/13 INTERVIEW APPROVED

10/25/13. SSN cards arrived

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People successfully do the same as you have done all the time. Many experience no questions at all about marrying on a tourist visa. The guide for married couples who both live in the US are HERE.

You will file the I-130 in the same package as the I-485 Adjustment of Status.

The forum Adjustment of Status from Work, Student, & Tourist Visas might be a good place to visit.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Check the guide above for both spouses in the US.

What I was told by the lawyers is we will have to prove that we didn't plan on her visitors visa to be used to get her here for good

No, you don't. You have to prove that the marriage was entered in good faith and not for immigration purposes.

I am curious how they would give her a visitors visa in January, when you had a K-1 processing (up to the NOA2, which means it was on the way to embassy for the visa application).


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-1 Visa Country: Vietnam
Timeline

No, you don't. You have to prove that the marriage was entered in good faith and not for immigration purposes.

You're talking about a different kind of fraud. Getting married in order to get a green card is not the same thing as using a non-immigrant visa to immigrate. The lawyers he spoke with are correct. He may have to prove that there was no intent to adjust status when she entered the US. The secondary inspection means that CBP probably suspected that there was intent to immigrate, which might make things difficult.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Country: Canada
Timeline

Check the guide above for both spouses in the US.

No, you don't. You have to prove that the marriage was entered in good faith and not for immigration purposes.

I am curious how they would give her a visitors visa in January, when you had a K-1 processing (up to the NOA2, which means it was on the way to embassy for the visa application).

we were surprised they gave her the visa as well. however she was very prepared. she gave them her lease, her grades (top in her class), a letter from her employer and was completely honest.

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Filed: AOS (apr) Country: Italy
Timeline

[quote name='Bobby+Umit' date='11 May 2010 - 07:27 AM' timestamp='1273584452' post='39289

I am curious how they would give her a visitors visa in January, when you had a K-1 processing (up to the NOA2, which means it was on the way to embassy for the visa application).

Is Canada on the Visa Waiver? Because Italy is, and I visited in Jan on a pending k1 (which was already approved) then went home to get my interview and visa. If Canada is not, then yeah, strange she was granted one.


event.png

AOS Journey

Marriage: 2010-03-06

Date Filed: 2010-03-23

NOA: 2010-04-02 (via texts and emails)+check cashed

NOA1 in the mail: 2010-04-07

Bio Appointment letter: 04/29 (FINALLY!!!!)

Bio Appointment: scheduled 05/24, walk-in on 05/03, yay!

**Touch on AOS and EAD: 05/03 and 05/04

Interview notice: 05/14, dated 05/11. It's for 06/17

EAD and AP approved: 06/03

**Touch on EAD and AP: 06/04

**Touch on AP: 06/07

**Touch on EAD and 2nd card production ordered: 06/08

**Touch on EAD: 06/09

AP received: 06/09

**Touch on EAD: 06/11. 3rd approval email received!

EAD received: 06/11 step 2 of 3 completed!

Interview scheduled: 06/17 @ 915 am APPROVED and card production ordered same day!!!!

Welcome letter received:06/21

2nd email Green Card production ordered:06/22

**Touch on AOS:06/23

3rd email received, blue dot went to post decision: 06/30

Tik tok tik tok....GREEN CARD IN HAND: 07/02!!!!!Less than a year since filing for the k1!

K1 Journey

I-129F Sent: 2009-08-12

I-129F NOA1: 2009-08-14

I-129F NOA2: 2009-10-29

Packet 3 Received: 2009-11-17

Interview: 2010-02-16, approved, visa the same day!

POE: 2010-03-03 @ LAX

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Filed: Citizen (apr) Country: Australia
Timeline

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visitors visa and the prior forum is for K1, K2, K3 & K4**

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You're talking about a different kind of fraud. Getting married in order to get a green card is not the same thing as using a non-immigrant visa to immigrate. The lawyers he spoke with are correct. He may have to prove that there was no intent to adjust status when she entered the US. The secondary inspection means that CBP probably suspected that there was intent to immigrate, which might make things difficult.

Prove it to who? Even if they planned it from the beginning, an adjustment of status for the immediate family member of a USC cannot be denied because of prior intent. USCIS will not require them to prove that there was no intent--they cannot use it to deny the adjustment of status in this case. Sometimes a suspicious CBP officer will even write things on the I-94 such as "NO AOS" and it has no bearing on the ability of the immediate family member of a USC to adjust status.


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: Country: Brazil
Timeline

really hard to read... paragraphs are essential

true!

Edited by T&R

K1 Journey - Vermont Serv. Center
I-29F sent: Nov-12-2010
I-29F NOA1: Nov-17-2010
RFE: Apr-19-2011
*I-29F NOA2: May-23-2011 - Thank you Lord!
Package Left from NVC: Jun-1-2011
Interview Date: Aug-5-2011
K1 Visa Received: Aug-10-2011
US Entry: Aug-12-2011
*Wedding Date: Aug-21-2011!!!

AOS & EAD
Applied for SSN: Aug-30-2011
*SSN received: Sep-09-2011
AOS and EAD process sent (USPS): Sep-26-2011
NOA1 sms notice: Oct-14-2011
Got check back of $380 for EAD: Oct-20-2011
$1070 cashed check: Oct-21-2011
NOA1 hardcopies for I-485 & I-765: Oct-21-2011
Biometrics: Dec-15-2011
*EAD received: Jan-6-2012

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Is Canada on the Visa Waiver? Because Italy is, and I visited in Jan on a pending k1 (which was already approved) then went home to get my interview and visa. If Canada is not, then yeah, strange she was granted one.

I don't think she is a Canadian passport holder and therefore would have needed a visa.


OUR JOURNEY SO FAR: (dd/mm/yyyy)

18/09/09 - CR1 NOA1

16/07/10 - POE LAX (256 days NOA1 to interview)

27/09/10 - Aussie/American bun in the oven due May 10, 2011

06/01/11 - Submitted change of address online to USCIS. Mailed I-865 for sponsor. Neverending!

05/05/11 - Bouncing baby boy arrives

10/07/12 - Sent I-751

13/07/12 - I-751 NOA1

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You're talking about a different kind of fraud. Getting married in order to get a green card is not the same thing as using a non-immigrant visa to immigrate. The lawyers he spoke with are correct. He may have to prove that there was no intent to adjust status when she entered the US. The secondary inspection means that CBP probably suspected that there was intent to immigrate, which might make things difficult.

Jim, I was under the same impression, but John (John_and_marlene) showed me the light, so to speak.

There is case law, (listed in the AFM), and in other places that shows that prior intent can not be used against someone, as long as there are no other adverse factors (and in my readings, you need a lot of them to add up), coming here with "prior intent" is not used (if your marrying an USC that is, from my understanding).

This was the paticular case law:

Matter of Cavazos , 17 I. & N. Dec. 215 (BIA, 1980) . In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain. .

This case reinforced that this case only applies to immediate relatives:

Matter of Ibrahim , 18 I. & N. Dec. 55 (BIA, 1981). The benefits of Matter of Cavazos , supra , are limited to immediate relatives, and an application for adjustment by a fifth preference immigrant with a preconceived intention to remain is properly denied in the exercise of discretion.

The immigration lawyer I had spoken to, when I was getting info about my case, suggested I don't do that (using the visitors visa), but said many do. I wasn't aware of this case law then, but once I came here, John showed me the laws and I changed my wording.

(I also was pointed out to this one - about working without authorization and AOS)

Matter of Khan , 17 I. & N. Dec. 508 (BIA, 1980) . Unauthorized employment alone should not ordinarily result in the discretionary denial of adjustment to those individuals who are statutorily eligible for that relief, no other negative considerations being present.

I am on record stating even though there is case law to back you up, if you get denied, the onus will be on you to fight it (lawyers, IJs, etc...) - so to me, that outweighs going this way to immigrate, and this would not be a route I would take or recommend.

For my OP - if you entered a marriage for immigration purposes, a "sham" marriage, there is case law to that gives guidance:

Matter of Baltazar , 16 I. & N. Dec. 108 (BIA, 1977) . Evidence indicating that the alien obtained a sham divorce primarily to obtain immigration benefits is a significant adverse factor bearing on discretion.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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You won't ever find me recommending this path as a reasonable preplan. The fact of the matter is that using a nonimmigrant entry with the intent to immigrate is against the law. Working without authorization and overstaying are also against the law. I also don't suggest that there are no consequences to these actions. Certainly your integrity and character could be shown to be less than stellar which may someday prove to be of great importantance to you--especially if you find yourself in other legal proceedings where integrity and character may weigh against your testimony. What I am saying is that one of the consequences of these actions will not be a denial of adjustment of status if you are the immediate family member of a USC.

I do feel, however, that inaccurate warnings of nonexistent consequences are a disservice to someone trying to make major personal decisions.

Edited by john_and_marlene

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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