Change of Status I-485 using I-130 on Visit Visa

[Chicago2011 0]

Q. My soon wife to be is Netherland citizen and doesn't require any visit visa to come to USA. She has been here few times, we are planing our wedding soon. I know you could apply for finance visa but that could take some time and I really don't want to wait, is it possible that she enters in USA on Visit Visa and then I can apply for her ( Change of Status I-485 with I-130 etc) without having any issues, is there a time frame window I should be concerned. Lets say she comes in June 16th and we get married on 21st, will it cause any issues as according to Visit visa the intend was to visit. The Dilemma is that wedding date has been set and there are a lot of people attending the wedding. Kindly guide me as to what are the best steps which can be taken to avoid any problems. Should she get married and go back and then I simply file I-130 or do everything from USA?

Thanks

SML

[Ryan H 3,795]

I know you could apply for finance visa but that could take some time and I really don't want to wait, is it possible that she enters in USA on Visit Visa and then I can apply for her ( Change of Status I-485 with I-130 etc) without having any issues,

A visitor's visa is a nonimmigrant visa. Entering the US on a visitor's visa or the Visa Waiver Program with the intent to stay is fraud.

Should she get married and go back and then I simply file I-130 or do everything from USA?

Unless you cancel your wedding, then what you stated above is your only option; get married and and file the I-130. She would have to go back when her authorized stay ends.

Edited March 26, 2011 by Ryan H

[Moomin 292]

The purpose of VWP is visiting; meaning returning. If it was legal to have a staycation I'm sure I (along with thousands of others) would be sitting with my better half enjoying life together, and thanking VWP for less waiting and less money spent.

I hope you enjoy your wedding(congratulations) to the max, have a wonderful honeymoon, file the i-130 and have her with you for good some months later. The wait is awful but atleast your fiancee won't have to dread misrepresenting herself or getting denied upon entry at the airport. Being denied because they suspect immigration purpose would mean she cannot use VWP again. Correct me if I'm mistaken.

Edited March 26, 2011 by moomin

[Sirdaniel42 86]

It is hard to be apart but go the legal way, if or when they later find out that you committed fraud it could be a reason being denied entry!!!!!

Use Visajourney to find out about the timelines and rules.

[Little_My 464]

Entering the US on a VWP for the specific purpose of getting married to a USC is - by defintion - visa fraud. She would be entering with the absolute intent to immigrate, which is a direct violation of the VWP rules and goes against what it is meant for.

Some people enter on VWP, end up getting married and AOS within the US successfully. They, however, need to convince the IO that when they originally planned their trip to the US and entered, they were not INTENDING to enter for the purposes of marrying and then filing for AOS in the US - something happened while they were here as VWP entrees which made them change their plans and unexpectedly got married.

You have a set wedding date - you are planning a wedding in the US. You can't really use the "something unexpected came along" card and claim non-immigrant intent.

I agree with the above - you have two options. First is to go with the K1 visa route, get her a fiance visa to enter and get married, and then AOS from that. I am not that familiar with the K1 process, so I don't know what your chances of getting that visa before your planned June wedding would be - but probably, unfortunately, not that good.

The other option is for her to enter on the VWP, have your wedding, and then she returns back home and you go for the CR-1.

Entering on VWP with clear immigration intent is very risky, and visa fraud. It could carry some very serious and long term consequences. I don't think it is a risk worth taking for you guys.

Edited March 26, 2011 by Mrs.Finland-USA

[Chicago2011 0]

The purpose of VWP is visiting; meaning returning. If it was legal to have a staycation I'm sure I (along with thousands of others) would be sitting with my better half enjoying life together, and thanking VWP for less waiting and less money spent.

I hope you enjoy your wedding(congratulations) to the max, have a wonderful honeymoon, file the i-130 and have her with you for good some months later. The wait is awful but atleast your fiancee won't have to dread misrepresenting herself or getting denied upon entry at the airport. Being denied because they suspect immigration purpose would mean she cannot use VWP again. Correct me if I'm mistaken.

Thanks for feedback and suggestions

[Brother Hesekiel 2,235]

Entering the US on a VWP for the specific purpose of getting married to a USC is - by defintion - visa fraud.

That's wrong.

Some people enter on VWP, end up getting married and AOS within the US successfully. They, however, need to convince the IO that when they originally planned their trip to the US and entered, they were not INTENDING to enter for the purposes of marrying and then filing for AOS in the US - something happened while they were here as VWP entrees which made them change their plans and unexpectedly got married.

That's wrong as well.

While I understand that some of you guys want to scare the O.P. a bit in order to guide him to do "the right thing," I will not watch and be silent when you tell things that are plain wrong.

Entering without a visa in order to get married is not visa fraud. My very own daughter and her now husband did this: they traveled to Maui, Hawaii, got married, spend a wonderful honeymoon there, and went home. Perfectly legit. It becomes only fraud if the couple did this with the intent to adjust status afterward.

Furthermore, they do not have to explain intent at the AOS interview, simply because intent alone may not be used to deny an AOS petition. The Field Adjudicators' Handbook spells it out. For that reason it's highly unlikely that it will even come up at the interview.

Chicago, I will not advise you to go ahead with plan A, I will advice you to get married and then go the CR-1 route because it's more elegant and cheaper. But if you were to go the AOS route anyway, understand that your petion would need to be without error and stamped "received'" before your wife's (non-material) I-94W expires. You would have only one shot to get this done right and in time.

[Little_My 464]

Sorry, I didn't come across clear there - what I meant to convey was how it is put in the second quote: "..not enter for the purposes for getting married and then AOS in the US.." Just Bob is absolutely right, coming to the US to marry with VWP is not a problem at all (thousands of tourists do it every week, I assume) - coming with the purpose to immigrate under VWP however is a problem. Or, let's say Can be a problem.

In any case, my personal opinion is that planning to AOS from VWP is not the best option here. As you said, CR-1 seems more beneficial for several reasons.

[Little_My 464]

Just Bob, I have an additional question for you (not meaning to highjack the thread!)

That's wrong.

Furthermore, they do not have to explain intent at the AOS interview, simply because intent alone may not be used to deny an AOS petition. The Field Adjudicators' Handbook spells it out. For that reason it's highly unlikely that it will even come up at the interview.

I didn't actually know this, and it seems like great news and great piece of information for anyone AOSing from VWP. I was wondering if you knew if there is similar guidelines for all non-immigrant visas - in my case, the F1.

I returned from my last trip home in January, and we decided to get married a month later. I've been wondering if I should be prepared to answer questions about whether or not I returned in January, as F1, with the intent to get married to my USC husband. I've asked about it here, and some people seem to think it might be an issue or something that would come up when we have our interview, and others seem to think it shouldn't be an issue at all and that it is very unlikely it would be mentioned by the IO. Do you know if there are guidelines about this?

Thanks in advance!

[Myopia 93]

USCIS FIeld Officers Handbook

[Dobolo 9]

@Myopia, I dont know whats wrong with the link provided - every link on the page leads to the same page! Am i using it right?

[Myopia 93]

@Myopia, I dont know whats wrong with the link provided - every link on the page leads to the same page! Am i using it right?

I have no idea why it did that. Bad link. Bad bad link.

This is better

Field Manual (USCIS)

[Dobolo 9]

Thanks! It works now...

[amykathleen2005 441]

Bottom line, no you can't do as you suggested. It is illegal. Why do you think there are all of these people on VisaJourney in the fiance and spousal visa boards didn't do them same, because they enjoy waiting in line?

Edited March 27, 2011 by amykathleen2005

[katgrl 14]

Q. My soon wife to be is Netherland citizen and doesn't require any visit visa to come to USA. She has been here few times, we are planing our wedding soon. I know you could apply for finance visa but that could take some time and I really don't want to wait, is it possible that she enters in USA on Visit Visa and then I can apply for her ( Change of Status I-485 with I-130 etc) without having any issues, is there a time frame window I should be concerned. Lets say she comes in June 16th and we get married on 21st, will it cause any issues as according to Visit visa the intend was to visit. The Dilemma is that wedding date has been set and there are a lot of people attending the wedding. Kindly guide me as to what are the best steps which can be taken to avoid any problems. Should she get married and go back and then I simply file I-130 or do everything from USA?

Thanks

SML

Can it be done to AOS on the VWP-yes. Should it, especially when you do have immigration intent-no, it is illegal. But yes it can be done. However, I wouldn't suggest it because if you get denied, there is no appeals process. Could she come now, y'all get married in a civil ceremony, she go back and you start the CR1? I'm not sure how long it takes for CR1 to be approved, but since she's in a VWP country, she could still come for the June 21st wedding even if the CR1 is not approved yet. Just a suggestion.