Marry on a Tourist Visa and then CR-1

[Done--Really 331]

It is absolutely not lying if it is true about Disney or anything else for that matter. There is no need to expand on the answer unless asked. For example, maybe my fianceé was planning on going to two concerts in NYC, driving four hours to meet my daughter and have Thanksgiving with her, meet my best friends and their daughter, eat at all sorts of cool restaurants in NYC, do some sight seeing in NYC, and oh yes--elope in NYC so we can surprise her friends and family.

It is absolutely fair and accurate to say she was coming to visit friends and be a tourist in NYC. If asked is she plainng to get marreid, she was prepared as I said before, but there is absolutely no reason to bring it up herself. Of course if asked, lying can result in problems if planning to stay and adjust in the US, but NOT if she is planning to leave and do consular processing, but there is no reason to lie if she is prepared as described in an earlier post.

[pushbrk 12,083]

Pushbrk, this will be lying "going to Disney World" really?, when the OP clearly intention is to come to marry and leave. I don't know why you keep suggesting people to hide the real fact and just throw a generic answer. If the OP is asked why she's visiting the US, her answer should be "to have my wedding in the US" with no intention of staying.

That's your opinion. The truth is never a lie. A legal visitor to the USA, is no more obligated to disclose that one item on their itinerary is their own wedding, than they are to disclose they may visit a public library or a strip club. Any truthful answer is the truth, however generic. There is no need to raise unnecessary red flags and every reason to avoid doing so.

[KWG17 0]

Pushbrk, this will be lying "going to Disney World" really?, when the OP clearly intention is to come to marry and leave. I don't know why you keep suggesting people to hide the real fact and just throw a generic answer. If the OP is asked why she's visiting the US, her answer should be "to have my wedding in the US" with no intention of staying.

I guess this was the issue that my lawyer was harping on. Declared intent at the POE is recorded. Later when filing they can go back and see you said you wanted to go to Disney World and ended up getting married. Now there is a discrepancy in your application and any little thing that USCIS can find for grounds for dismissal they will use. According to him he has dealt with many cases like this and its not a favorable position to be in...to say the least.

[ValerieA 350]

I guess this was the issue that my lawyer was harping on. Declared intent at the POE is recorded. Later when filing they can go back and see you said you wanted to go to Disney World and ended up getting married. Now there is a discrepancy in your application and any little thing that USCIS can find for grounds for dismissal they will use. According to him he has dealt with many cases like this and its not a favorable position to be in...to say the least.

Your lawyer is just trying to scare you to keep getting paid. I entered the US to go camping and get married to my USC husband, of course we simply stated we were going camping and where, when asked. I had no issues whatsoever. We did not lie. We did not feel the need to elaborate. At no point was I asked about this during my AOS process.

Either way, as has been oft-repeated in this thread and many others, intent to IMMIGRATE on a non-immigrant visa is illegal. Intent to MARRY is not.

[KWG17 0]

I read to him the US Embassy link that Ms. O gave but his response to that was "Do you want me to tell you what is actually happening or what they say on a website. Do you want to spend 20K fighting this case in court..."

However I agree with the rest of you guys. She doesn't have to divulge every point on her itinerary. She will be traveling with her sister to ease her transition to school so I highly doubt any questions regarding marriage will even be brought up. And most importantly at the end of the day she is leaving the country. I find this to be much more straight-laced than entering on a tourist visa and applying for an AOS 2/3 months later. However this lawyer doesn't think so.

Edited May 27, 2011 by KWG17

[Harsh_77 716]

Please look for similar topic on this forum there are tons of topic like this - I think recent one was in tourist visa section.

All of the members here give the same advice.

[pushbrk 12,083]

I read to him the US Embassy link that Ms. O gave but his response to that was "Do you want me to tell you what is actually happening or what they say on a website. Do you want to spend 20K fighting this case in court..."

However I agree with the rest of you guys. She doesn't have to divulge every point on her itinerary. She will be traveling with her sister to ease her transition to school so I highly doubt any questions regarding marriage will even be brought up. And most importantly at the end of the day she is leaving the country. I find this to be much more straight-laced than entering on a tourist visa and applying for an AOS 2/3 months later. However this lawyer doesn't think so.

IMO, this lawyer is simply wrong. Surely, he doesn't want you getting your information from websites instead of paying him. It's only a lie if asked a direct question followed by a direct lie as the answer. "Do you plan to marry while you're here?" answered by "No." would be a lie. It sounds like she has multiple purposes for her trip. Answering that she is traveling with her sister to ease her transition to school is a perfectly legitimate, truthful answer to any question like, "What is the purpose of your visit?"

[Done--Really 331]

If you ever go back to this lawyer again or pay one additional penny, you should have your head examined. Pardon my language, but his advice is pure unadulterated bull ######. I have been dealing with illegal immigrant cases for the last few years (I am not a lawyer, but find that I know more than most of them except those who specialize in one or two areas of immigration law), and I can tell you that the odds of your having a problem are as close to zero as you are ever going to get in life.

Being a lawyer doesn't mean he knows what he is talking about, or as some have said, maybe he is just trying to get your business,but it doesn't matter. You are the ones getting hurt if you spend one more minute with him. Shut him down before he closes your mind to all the wonders of life.

Edited May 27, 2011 by magical

[Ryan H 3,790]

However this lawyer doesn't think so.

This lawyer is an idiot.

Do yourself a favor and sever all ties with him.

[Brit Abroad 166]

Your lawyer is covering his #### legally. If he said "sure, the advice you received on VJ was good, go ahead" and then you had issues, he could be sued for wrongful advice. Some lawyers take the need to be seen to be working within the law at all times seriously. That's in addition to his wanting your hard earned cash to keep his business afloat.

Edited May 27, 2011 by Brit Abroad

[U+K 0]

I just asked my immigration lawyer friend about this matter, and he said marrying on a tourist visa in the US, even without the intention to stay, is considered just as illegal as marrying on a tourist visa with an intention to stay (at least among immigration lawyers, and also immigration officers at the border). If OP wants to be with his fiancée as soon as possible after January without cause USCIS to have any suspicion about the case, his advice was to bring her to the US and marry her after 60days of her stay and apply AOS, though you'd have to postpone January wedding in this case. He did agree that doing it in your way might work, but it's not legal, and he cannot recommend that to his client. Also, he said revealing your intention to marry a US citizen (even without an intention to stay) on tourist visa at the border is almost a sure way to get you sent back.

I sort of agree with Brit Abroad that OP's lawyer needs to work within the law, and cannot give you advice that even borders on being illegal. I also believe that other VJ people's experiences show that you probably won't have trouble getting the greencard for your fiancée if you do it your way. But I also don't think that your lawyer is an idiot or money-sucker, at least based on the advice s/he gives you for this matter.

I hope your VJ will be as smooth as possible. Best of luck!!

[Done--Really 331]

Listen U+K---you have the idea completely wrong and at some point it is fruitless to keep pointing out that the foreign spouse has no intent on staying here so there is NOTHING--got it???--NOTHING illegal about getting married here no matter what visa is in play.

Your entire post is about doing AOS while HERE--she will NOT be HERE !!!

[pushbrk 12,083]

Listen U+K---you have the idea completely wrong and at some point it is fruitless to keep pointing out that the foreign spouse has no intent on staying here so there is NOTHING--got it???--NOTHING illegal about getting married here no matter what visa is in play.

Your entire post is about doing AOS while HERE--she will NOT be HERE !!!

I would add that when you ask a lawyer the wrong question, you're sure to get the wrong advise. It is not illegal to marry in the USA while visiting. Period. What your immigration options are after doing so, depend on the details of the couple's circumstances.

[Little_My 463]

If coming to the US to marry here and then leave was illegal and a visa violation, there would be hundreds of unemployed Elvis-look-a-likes and empty sad little chapels all over Las Vegas. Coming to the US to marry a US citizen and then leaving is just as legal as it is to come here as a foreign couple, marrying, and then leaving.

[Done--Really 331]

Hot Damn--love the Elvis argument--gonna use it sometime myself !!