Got married to fiance in the US on visitors visa

[Bralaheh 0]

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:

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

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)

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:

it seems this thread is taking a life of its own! I'm not sure if the comment was to me or to another person in the thread but in no way is this a "sham" marriage. A visitors visa was given to my fiance. With no intention of us getting married she boarded a plane and came here. After being harassed pretty horribly (which I know is more common than we'd like to think) in the airport I called a lawyer and explained our situation (mostly wanting payment for the laptop they had broken and their jobs for making my fiance cry). The conversation then turned to "honor killings". I then wrestled back and forth on our two options. Either she went back to Canada (where the police had done more to hurt than help) and take a risk of her father finding her OR listen to the lawyers advice and keep her here and risk the chance of a mistake with immigration. I felt it better to keep her in the states and keep her safe. I just couldn't take that chance.

[Bralaheh 0]

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.

WHAT?! I'm seriously confused....is this comment to the person who created the thread or to someone else. After a few too many "beverages" I seem to be a bit on the confused side. And if it is directed to me and my fiance I'd recommend go back and read the thread before you start to put in your 2 cents. If I'm off base I apologize. What I've said before on this is what other options did I have? And if you were in the same situation would you want your fiance alone, with not one single friend (not because she smells or anything but because she was new to the country) with a twin brother and her mother looking for her on campus, her father coming and applying to work at the campus she went to knowing that he threatened to kill her? Or would you want to keep her in the US with you with the chance of things going wrong and her being deported? It wasn't an easy choice let me tell you that....that's why it didn't even cross my mind before the lawyers and said that it could be done. One of the lawyers who told me writes an annual paper that goes out to all immigration lawyers in the state about specifics of the law! Look if your comment was to me you have to realize that I understand the severity of the situation. Hell, I did the i129f, i payed for it, we waited just like everyone else and at the very last second we got to visit and I was put in a spot for us to decide if we should ignore her fear of her father. we decided to not ignore it. i can't imagine if he had found her and i had the thought go through my mind of, "if i had only gotten her out of there"......i'm in love....yeah maybe i have to deal with the law on this but the love i have for her is more important. there isn't a person in the world that could take her from me....not the police, not her father....

[sachinky 464]

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.

I'm intrigued--then why does ANYONE from a VWP country apply for a K1/K3/CR1/IR1? Why bother? If you can't be denied for prior intent, then why bother going through the entire process? Hop on a plane, get married and file for AOS. You'd have to be insane to do it any other way, then.

[john_and_marlene 162]

I'm intrigued--then why does ANYONE from a VWP country apply for a K1/K3/CR1/IR1? Why bother? If you can't be denied for prior intent, then why bother going through the entire process? Hop on a plane, get married and file for AOS. You'd have to be insane to do it any other way, then.

Because doing so with prior intent is still illegal. Thankfully, there are still people in the world with integrity. Just because there is no consequence for adjustment of status, it doesn't mean there aren't potentially other future consequences. If it can be shown you have a flagrant disregard for the law, you may have doors closed to you in the future that you would rather have open. Certainly the value of your character and your trustworthiness is diminished if it can be shown that you willfully disregarded immigration laws.

Also, if the adjustment is denied for other reasons and the applicant ends up having to leave, their chances for future visas is at risk.

[visacat 1]

When the AOS is submitted would this not flag up the original I-129f submitted with USCIS?

Does this not then highlight prior intent and cause problems?

[sachinky 464]

Because doing so with prior intent is still illegal. Thankfully, there are still people in the world with integrity. Just because there is no consequence for adjustment of status, it doesn't mean there aren't potentially other future consequences. If it can be shown you have a flagrant disregard for the law, you may have doors closed to you in the future that you would rather have open. Certainly the value of your character and your trustworthiness is diminished if it can be shown that you willfully disregarded immigration laws.

Also, if the adjustment is denied for other reasons and the applicant ends up having to leave, their chances for future visas is at risk.

Ok, got it.

When the AOS is submitted would this not flag up the original I-129f submitted with USCIS?

Does this not then highlight prior intent and cause problems?

That's what I was actually thinking.

[Bralaheh 0]

Ok, got it.

That's what I was actually thinking.

I'll let you guys know how it goes...the lawyers told me that the application for our fiance visa would cancel itself due to abandonment and it would be noticed. They explained a few reasons why it would be ok when I talked to them but I can't recall them right now.....been awake too long.....ugh

[davaocitygirl 0]

I have read with interest. I came here on a tourist visa and got married. We had a fiance visa pending at the time of my entry into the United States as well. In fact, I had been to the USA once prior with the same I-129 (Nov 2009) pending.

According to our legal advisors, the fiance visa (which we canceled the interview) should not have impact when it comes time for our interview here for AOS. The topic, no doubt, will come up. In the end, it "never happened" as it was withdrawn and I entered the USA legally and lawfully. It is not illegal to marry on a tourist visa. Happens all the time.

The one fact remains which allows me optimism and that is I am married to a US citizen. Whatever occurs during the interview process and the AOS process will occur in the US of A and with all the protections afforded by law in the US of A including a protective appeals process.

I believe you made a good decision on behalf of your wife. Leaving her where she would be in danger is not acceptable. If legal issues come up, it is better for you to be here with all the protection of the US justice system. And, you will be able to go thru this together.

I hope, one day, your wife's family will accept the marriage. Good luck.

[sachinky 464]

Goodluck! And keep us posted, ya?