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jonDutch

She had a tourist visa and I married her. Help me keep her here...

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Filed: Other Country: Brazil
Timeline

We met at Disney World as interns 6 years ago and have had a relationship ever since. I asked her to come leave with me about 6 months ago. We got married last month. I have know idea what kind of paperwork we've got to do next...

Some questions:

Her tourist visa expires on the 21st. Problem?

Do we need to fill out an I485? a friend says no because we're married...

What do I need? What does she need? Any advice? Can we do this on our own?

Thank you in advance for your help.

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Just to make sure i understood you correctly..

1. She came here (to the US) on a tourist visa

2. You married in the US

3. She is currently in the US

Also - did you two plan to marry and for her to stay in the US permanently BEFORE she got her tourist visa and arrived here?

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Filed: Other Country: China
Timeline

What you will be asked (as you can see from the above posts) is did she enter on her tourist visa with the intent to immigrate. You need to quickly come up the learning curve now to make sure you do this right. Answer what the members ask you honestly and you will get great advice.

Intent is the key word for you now.

And this is in the wrong forum. K-1 is a Fiance visa.

Edited by Operator
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Filed: Timeline

We met at Disney World as interns 6 years ago and have had a relationship ever since. I asked her to come leave [sic - live] with me about 6 months ago. We got married last month. I have know idea what kind of paperwork we've got to do next...

Some questions:

Her tourist visa expires on the 21st. Problem? YES. SHE ILLEGALLY USED A VISITOR VISA TO IMMIGRATE TO THE US. SHE IS AN ILLEGAL ALIEN AFTER HER I-94 EXPIRES.

Do we need to fill out an I485? a friend says no because we're married... Your friend is wrong. Consulta with a lawyer before you file anything.

What do I need? What does she need? Any advice? Can we do this on our own? Call a lawyer. You cannot do this on your own. Your wife violated US immigration laws by using a visitor visa to enter the US with the intent to immigrate.

Thank you in advance for your help.

Your English is not very good. In addition, you have no idea what is going on. Thirdly, your wife entered the US on a tourist visa with the intent to immigrate which is illegal. You need a lawyer.

Edited by Jojo92122
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Last time I checked if I'm right your wife entered the USA on a vistor visa right, whether you intented to marry her or not it's a fruad ok but you guys fell in love ok. Firstly get in touch with a good lawyer and be straight with them and be prepared for some not so good news secondly have faith in each other in life we all overcome many hurdles and this is just one as long as you tell the truth may god be with you.

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Filed: AOS (pnd) Country: Germany
Timeline

They did enter on a false pretense, agreed. That's already fraudulent, fine, I can give you that too. But can't she leave now before her I-94 expire to go home and have the USC petition her for CR-1? Sure they have to wait awhile before they get reunited for good, but I thought enough people come here on B-2 or VWP, get married, go home, and file for CR-1. I've read some people pull off what they did here and got away with it eventually (meaning adjusting status without leaving the country); I personally don't recommend it nor endorse it. But can't they amend their mistake they've already made by just sending her home for awhile? Surely 6 years worth of evidence (plus 6 months of living together here in the States) might have a solid ground for successful CR-1 case... Maybe I'm wrong.

Timeline

N-400

23 May 2011 - N-400 packet sent

31 May 2011 - NOA1 received

05 June 2011 - Biometrics notice received

20 June 2011 - Biometrics date

06 Aug 2011 - Yellow letter received

02 Sept 2011 - Interview letter received

03 Oct 2011 - Interview date

17 Oct 2011 - Oath date

I-129F

1 Dec 2011 - I-129F packet sent

6 Dec 2011 - NOA1

29 Mar 2012 - NOA2

12 April 2012 - NVC receipt

17 April 2012 - Package left the NVC

27 April 2012 - Packet 3 received

14 May 2012 - Packet 3 sent

9 June 2012 - Packet 4 received

14 June 2012 - Interview - Approved

20 June 2012 - Visa in hand

28 June 2012 - POE at ATL

29 June 2012 - Got Married!

AOS

19 July 2012 - I-485/I-131/I-765 packet sent

27 July 2012 - NOA1 hard copy received

17 Aug 2012 - Biometrics appointment

25 Sept 2012 - EAD/AP card received

12 Feb 2013 - I-485 approved!

21 Feb 2013 - GC arrived

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Filed: K-1 Visa Country: India
Timeline

We met at Disney World as interns 6 years ago and have had a relationship ever since. I asked her to come leave with me about 6 months ago. We got married last month. I have know idea what kind of paperwork we've got to do next...

Some questions:

Her tourist visa expires on the 21st. Problem?

Do we need to fill out an I485? a friend says no because we're married...

What do I need? What does she need? Any advice? Can we do this on our own?

Thank you in advance for your help.

No you cannot do on your own!!!!..additionally it will cost you $2000 for AOS.

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Filed: Other Country: China
Timeline

Intent to immigrate has not been established. She has not overstayed yet so therefor she is not in the country illegally, she can easily leave by the 21st with no problem at all. How can anyone but the OP and his wife know what her intention was?

To the OP, your situation is not unique. What you will likely need to prepare for is to spend some time apart while you file a petition.

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What you will be asked (as you can see from the above posts) is did she enter on her tourist visa with the intent to immigrate. You need to quickly come up the learning curve now to make sure you do this right. Answer what the members ask you honestly and you will get great advice.

Intent is the key word for you now.

And this is in the wrong forum. K-1 is a Fiance visa.

The word "intent" will probably never be uttered at the interview.

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

I will see you one day again, my love.

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Filed: Other Country: China
Timeline

first of all, the OP has not yet confirmed whether or not she originally entered with intent to marry and stay. As much as those who had to wait out the K1 process often think it's unfair to be able to AOS from a tourist visa within the US and avoid being apart from your loved one, there are occasions when a foreigner enters the country under a non-immigrant status - be it tourist, student, work, or VWP - without an intent to immigrate, but ends up marrying a USC and adjusting status. That is perfectly legal.

If the OP did in fact mean that he incited her to MOVE here permanently, and she used a tourist visa to come here, then yes - she should not try to AOS from that status. I don't think it's necessary to go on a rant quite yet about illegalities and visa fraud, when to me it seems pretty clear the OP is not aware of the regulations and requirements and is here to ask for advice to eb able to go about things the right way.

jonDutch - if your wife entered the US using a tourist visa, with the intent to move here and stay here with you permamently, then she cannot adjust her status with the I-485. Using a non-immigrant visa to enter the US with the preconceived intent to immigrate here permanently is not allowed.

What you can do is have her return to Brazil BEFORE her I-94 expires, and take the CR-1 route and apply for a spousal visa. It will take a while (9 months, give or take), but it will be cheaper, safer, and she won't have any periods of not being able to work once she gets to the US.

Read the guides here on VJ, take a look at the forms and instructions, and talk with your wife. Though AOS might seem like a tempting choise, if you planned for her to stay here permanently before she came, I personally don't think it is a risk worth taking.

Boa sorte para você e para a sua esposa!

Addition: Personally I see no reason to scare them with these "you have to get a lawyer" statements. If she did not have intent to stay, it's a perfectly straight forward AOS. If she did, she can return to Brazil before her I-94 expires and go for the CR-1.

:thumbs: :thumbs: :thumbs:

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Filed: IR-1/CR-1 Visa Country: India
Timeline

They did enter on a false pretense, agreed. That's already fraudulent, fine, I can give you that too. But can't she leave now before her I-94 expire to go home and have the USC petition her for CR-1? Sure they have to wait awhile before they get reunited for good, but I thought enough people come here on B-2 or VWP, get married, go home, and file for CR-1. I've read some people pull off what they did here and got away with it eventually (meaning adjusting status without leaving the country); I personally don't recommend it nor endorse it. But can't they amend their mistake they've already made by just sending her home for awhile? Surely 6 years worth of evidence (plus 6 months of living together here in the States) might have a solid ground for successful CR-1 case... Maybe I'm wrong.

Yes the best option would be to return home and file for CR1 and latter enter on CR1, unfortunately most ppl are like we are so much in love and we cannot be seperate for few months and would file for AOS.

Some of the AOS goes thru and some would have hard time and the user would start cursing the system and how the system is unjust and unfair.... and on and on.

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Filed: Country:
Timeline

Holly Bat-####### Cowman!!!! The answers are all wrong here....

First, yes it is illegal to enter the US on a tourist Visa with immigrant intent as it appears the OP's now wife did.

Second, it has been established that AOS can't be denied on that intent alone. There must be something else like Misrepresentation at POE or something.

Third, they need to file I-130 & I-485 with all evidence & supporting documents (including Affidavit of Support) for her to Adjust Status without leaving.

I understand the ill feelings against this entry with immigrant intent, I share them but I won't tell someone something that simply isn't true just because I don't agree with how they are doing things.

Now the OP should understand that if she is was asked questions at POE and taken into secondary then it's possible that CBP suspected intent and got her to make statements that would set her up for Material Misrepresentation if she attempted to AOS. In such a case if she does attempt to AOS and she is charged with Material Misrepresentation then she will be deported and hit with a lifetime entry ban.

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