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

[jonDutch 0]

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.

[Little_My 464]

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?

[Harsh_77 718]

Had you guys planned the marriage before she got here?

[Operator 1,927]

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 September 9, 2011 by Operator

[Jojo92122 1,924]

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 September 9, 2011 by Jojo92122

[MH25 0]

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.

[kaukas 2]

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.

[Crazyaboutyou 0]

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.

[Operator 1,927]

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.

[Little_My 464]

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 invited 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 be able to choose the right way to continue.

jonDutch - if your wife entered the US using a tourist visa, with the intent to move here, marry you 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 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.

Edited September 9, 2011 by Little_My

[Rebecca Jo 1,962]

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.

[Operator 1,927]

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:

[Harsh_77 718]

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.

[Rebecca Jo 1,962]

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.

That is really rude.

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.

I think you misunderstand how things work.

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.

Don't you think it would be preferable if a lawyer told them that?

[Deputy Purple 1,294]

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.