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Marriage/tourist visa

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What would happen if my fiance and I got married when she is here in the United states on a tourist visa? Would I need to apply for permanent residency after the marriage or is it better to do it before the marriage?

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What would happen if my fiance and I got married when she is here in the United states on a tourist visa? Would I need to apply for permanent residency after the marriage or is it better to do it before the marriage?

Is she here now?


Our journey together on this earth has come to an end.

I will see you one day again, my love.

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What would happen if my fiance and I got married when she is here in the United states on a tourist visa? Would I need to apply for permanent residency after the marriage or is it better to do it before the marriage?

You could, but you have to be able to demonstrate that you changed your mind while she was on a tourist visa; that is, that she did not intend to merry before entering as a tourist. This may be difficult to prove, but not impossible. Be careful because if your case is not convincing, she may be accused of visa fraud and this may have strong repercussions on her ability to reenter the U.S. You may want to consult a lawyer, if you want to try.

Best of luck!

Mathilda


AOS from Visa Waiver to Green Card (became out of status meanwhile)
Apr 26, 2011 - (Day -49) AOS package (I-485, I-130, I-131, I-765 and supporting evidence) sent to Chicago Lockbox
Apr 28, 2011 - (Day -47) Package delivered to Chicago Lockbox
May 24, 2011 - (Day -21) Rejection date on forms I-797 (wrong address on form I-485)
May 30, 2011 - (Day -14) Form I-797, Notice of Action/Rejection in the mail
Jun 14, 2011 - (Day 0) AOS package (I-485, I-130, I-765 and supporting evidence) sent to Chicago Lockbox
Jun 16, 2011 - (Day 2) Package delivered to Chicago Lockbox
Jun 27, 2011 - (Day 13) Received receipt confirmation via email for all three forms
Jul 1, 2011 - (Day 17) NOA1 paper receipt for EAD in the mail
Jul 2, 2011 - (Day 18) NOA1 paper receipts for 1-485 and i-130 in the mail
Jul 6, 2011 - (Day 22) Biometrics notice in the mail
Jul 20, 2011 - (Day 36) Biometrics taken on day of appointment
Aug 1, 2011 - (Day 48) Contacted local senator to assure employment authorization arrives on time to accept job offer
Aug 5, 2011 - (Day 52) Employment authorization approved (neither text nor email received)
Aug 8, 2011 - (Day 55) Employment authorization card in the mail
Sept 12, 2011 - (Day 90) Interview Notice in the mail (SMS/email seemingly skipped)
...
Oct 18, 2011 - (Day 126) Interview (APPROVED)

I-751, Petition to Remove the Conditions of Residence

Jul 23, 2013 - (Day 0) I-75 Package mailed to VSC

Jul 25, 2013 - (Day 2) I-75 Package delivered to VSC

Jul 30, 2013 - (Day 7) Check cashed

Jul 31, 2013 - (Day 8) NOA1 received (filing date Jul 26, 2013)

Aug 05, 2013 - (Day 13) ASC Appointment Notice received

Aug 8, 2013 - (Day 16) Biometrics taken - early walk-in (scheduled Aug 27, 2013)

Sep 16, 2013 (Day 55) Case transferred to CSC.

Sep 19, 2013 - (Day 58) NOA2

Approved!

N-400, Application for Naturalization

Jun 07, 2016 - (Day 0) I-75 Package mailed to VSC

Jun 14, 2016 - (Day 6) Check cashed

Jul 02, 2016 - (Day 25) Biometrics NOA

Jul 18, 2016 - (Day 41) Biometrics Taken

Aug 30, 2016 - (Day 84) Interview NOA

Sep 28, 2016 - (Day 113) Interview Scheduled

...

Will I be able to vote at the 2016 elections?

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What would happen if my fiance and I got married when she is here in the United states on a tourist visa? Would I need to apply for permanent residency after the marriage or is it better to do it before the marriage?

no ability to actually apply for permanent residency before the marriage has occurred...


YMMV

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The USA does not require a special visa or permission in order to get married.

You two can get married here in the US and afterward your--then--wife would return to her home country. Instead of a K-1 you would apply for a CR-1 visa which is much better, as you would avoid the dreaded AOS (1,070.00) and all. Once approved, your wife would enter the US as a Lawful Permanent Resident (LPR) and would receive her Green Card and SS card in the mail about 2 weeks later.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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You could, but you have to be able to demonstrate that you changed your mind while she was on a tourist visa; that is, that she did not intend to merry before entering as a tourist. This may be difficult to prove, but not impossible. Be careful because if your case is not convincing, she may be accused of visa fraud and this may have strong repercussions on her ability to reenter the U.S. You may want to consult a lawyer, if you want to try.

Best of luck!

Mathilda

You don't have to demonstrate anything. It is up to USCIS to prove you had intent to immigrate, and even that is not enough to prevent adjusting status. As long as material misrepresentation is not involved, go ahead and marry and then adjust status from within the U.S. This would be the fastest route, obviously. If your intent, before she arrived, was to marry and then adjust status, you should go the CR-1 route.

Edited by rsn

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

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You don't have to demonstrate anything. It is up to USCIS to prove you had intent to immigrate, and even that is not enough to prevent adjusting status. As long as material misrepresentation is not involved, go ahead and marry and then adjust status from within the U.S. This would be the fastest route, obviously. If your intent, before she arrived, was to marry and then adjust status, you should go the CR-1 route.

actually it is not... intent to immigrate is presumed ..... however you will never see anyone denied based on any theory of "intent to immigrate", should they decide to deny it will be cited as misrepresentation....


YMMV

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actually it is not... intent to immigrate is presumed ..... however you will never see anyone denied based on any theory of "intent to immigrate", should they decide to deny it will be cited as misrepresentation....

Original intent to immigrate when adjusting from a B2 is not presumed. when you apply for AOS. you are mixing up AOS with applying for a tourist visa. The rest of your statement is a carbon copy of mine.

Edited by rsn

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

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Original intent to immigrate when adjusting from a B2 is not presumed. when you apply for AOS. you are mixing up AOS with applying for a tourist visa. The rest of your statement is a carbon copy of mine.

despite what you may think i am not mixed up... immigrant intent at entry is presumed (which is the important defining moment)... it is simply easier (ie... cost effective) for the government to pursue a claim of misrepresentation rather than "immigrant intent"


YMMV

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despite what you may think i am not mixed up... immigrant intent at entry is presumed (which is the important defining moment)... it is simply easier (ie... cost effective) for the government to pursue a claim of misrepresentation rather than "immigrant intent"

My claim was that USCIS will never deny an AOS application based on immigrant intent. They will only due so if material misrepresentation is present. This has nothing to do with cost effectiveness. It has everything to do with a clear understanding of the law. I can provide sections of the adjudicator's field manual to back up what I say. If you disagree with what I have already stated, then please specify exactly what is incorrect and back it up with proof.


K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

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I have seen Jim explain this issue well. Calling Jim!

I think assuming immigrant intent is an old rule/law; it sounds like some version of the defunct 30/60/90 day rule. Furthermore, intent is not pursued as a reason to deny based on BIA court cases, not based on effectiveness or cost. I suppose even if intent is presumed, since it is not a reason enough by itself to deny AOS, it doesn't matter who thinks intent is there or not. What matters, as stated, is misrepresentation, and in that case it is the government who must have proof, not the immigrant who must prove their innocence.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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My claim was that USCIS will never deny an AOS application based on immigrant intent. They will only due so if material misrepresentation is present. This has nothing to do with cost effectiveness. It has everything to do with a clear understanding of the law. I can provide sections of the adjudicator's field manual to back up what I say. If you disagree with what I have already stated, then please specify exactly what is incorrect and back it up with proof.

Why must I back up with proof? the standard for me is different than for you?

FWIW, I don't disagree with the end conclusion... it is just how you get there


YMMV

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