tourist visa to us/marriage/adjustment of status

[JimVaPhuong 4,863]

she didn't have her birth certificate with her...we had to have a friend fed ex all of her things here after we had made the decision.....and she said she did sign something but it was just stating who she was, who her parents were and where she was staying. they asked her if she was coming back to canada and she said yes, because she planned on coming back but didn't sign anything saying she wasn't getting married or anything.....its crazy how u can hear 10 comments that make u feel good about your situation and then you have that one that scares the hell out of you. i know you are just saying how it is though. we didn't have a choice in the matter. if she went back and her father found her and hurt her it would have been because we made another choice. damn this immigration process....damn it

and i just talked to her and i was wrong about the six hours. she was six hours late getting to the airport where i was waiting. they had her with them for an hour.

Ok, I'm not trying to scare the hell out of you. I don't blame you one bit for doing what you're doing. If I were in your shoes, and my fiancee was in the same boat, I'd do whatever I had to do to get her out of that situation immediately. But I'd also be very careful that I didn't do something rash that only ended up making things much worse than they were before. If I thought there was any chance that the AOS might be denied for preconceived intent and misrepresentation than I'd find a different way to get her here without risking a potential lifetime ban. For example, I might rent her an apartment in another province of Canada where she could hide from her father until I got a K1 or CR1 approved for her.

They always suspect preconceived intent when someone enters with a non-immigrant visa and then attempts to adjust status. They don't do anything about it unless they have evidence of the preconceived intent, as well as evidence that the alien lied about their intent. It's the lie that they use as a basis for denial - not the intent. From what you say, it sounds like they probably don't have the evidence they'd need to deny the AOS, at least not for misrepresentation.

As others have said, I wouldn't mention the situation with her father unless you're specifically asked about it at the interview. Even then, I'd be careful about what you say. Just tell them her parents don't approve, and leave it at that.

[Chocolatelover 0]

Stay Positive and most importantly stay focused!

It will work out!

[MrsIslandGIrl 1]

Sachinky has it right; you need both the I-130 and I-485, along with their requisite fees. The 129-f is specific to a K visa, which you did not get.

1. You will not likely be able to bypass the interview; the only people I know of who have been able to came in on a K visa. If you are AOSing from any other type, an interview is required.

2. It is preferable to send the forms off together, in one package. If you can not afford to send both, you can send the I-130 first. Do NOT send the I-485 until you have received APPROVAL of the I-130 or it will gum up the works. Sending them separately will slow down the process.

3. Use the checklist in the AOS guide. When you believe you have everything together, post a list in the AOS from work, student, and tourist visas forum. We will be happy to review it for you. One note of caution - I did notice that sometimes the guide in here listed a notarized copy as a requirement, when it isn't on the actual USCIS form (just a regular copy will do). I believe that the marriage certificate for the I-485 was one of these incidents. I can't find where I wrote it down; I think I posted a topic on it in Site Discussion and I will look for the link for you. However, having said all that, there can be no harm in sending a notarized copy, it is just a bit more expensive and time-consuming.

4. I used my married name on my AOS forms, although my passport was in my maiden name. This is to prevent paying an additional fee in the future to get a new green card with my married name on it. There have been no issues with it, the marriage certificate provides proof of the bridge between your maiden and married names.

5. I don't know if she has overstayed, but in her situation, I would advise not even going for the AP (advanced parole) and she must stay in the US during the entire process - right until she gets the green card. I just feel it is safer this way.

Good luck, and don't worry about the intent thing. I still have conniptions over mine, because I was married before I came to the US and decided to stay (and I was in the CR-1/K-3 process). I will find out in a few weeks if it is an issue, but I have been reassured over and over that it shouldn't even come up.

Let me just say, thank you for this very detailed, well-written information.

[ValerieA 350]

Let me just say, thank you for this very detailed, well-written information.

Thanks, I didn't think anyone read these old threads anymore! One thing is wrong with my response, though - the I-130 doesn't need to be approved. Enclosing a copy of the NOA saying it has been received is enough. There was a person who posted around that time (in Alaska, I think) that thought their application had been denied because of not having an approved I-130 and that kind of spooked me. Not sure of all the circumstances around it anymore, but time has shown that the I-130 does not have to be approved before filing the I-485. Still best to file them concurrently, though!

[nitrous_guy 23]

Sorry if I missed this - how long after she entered did you get married?

Why would this be an issue?? You can marry whenever you like, as long as there was no intent before hand.

As far I recall, there is no hard rule set, intent is usually questioned at POE, what do you after that is nobody's business.