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

[Deema & Wayne 28]

I agree. It was definitely never mentioned in my interview. If they did plan to marry, then that is fraud. However,I feel like sometimes this forum can be a scary place for people who are trying to go through the process. Unless they go out of their way to let USCIS know they intended to marry, they will probably be OK. I don't condone fraud of course, but it seems like they just didn't know what they were doing.

[ceadsearc 515]

I agree. It was definitely never mentioned in my interview. If they did plan to marry, then that is fraud. However,I feel like sometimes this forum can be a scary place for people who are trying to go through the process. Unless they go out of their way to let USCIS know they intended to marry, they will probably be OK. I don't condone fraud of course, but it seems like they just didn't know what they were doing.

This is true, but a little knowledge is a dangerous thing. Someone who does not know anything about the rules for the visas and paperwork for which they are filing is likely to incriminate themselves at their interview, no help from CBP needed.

OP, I strongly suggest you think about your circumstances, research the different options you have (AOS vs. CR-1), learn the rules for both, and then make the best decision for your circumstances.

[jonDutch 0]

Thanks for all the replies.

But a lot of you need to slow down.

First of all what's this business about her entering the country intending to marry??

We met at Disney World as interns in 2005 since then both of us have travelled to see each other. We spoke everyday on the phone when we were apart. I asked her to live with me for 6 months, I had the intention to ask her to marry me if things went well, but I wasn't going to let the cat out of the bag. The government isn't going to rob me of the opportunity to surprise my girlfriend with an engagement ring.

We got married at the local court two weeks ago because we thought it would make the immigration paperwork easier (ha) we just started the stuff this week and it's really overwhelming.

A lot of you have responded with really great and helpful information. Others are making some terribly inflammatory, irresponsible, statements that I don't appreciate.

I'm born and raised on Long Island and served in the Marine Corps and am a college graduate; don't tell me my English isn't any good, Bozo.

I’m here for help not to trolled on by forum regulars who haven’t got anything going for them outside the digital world.

If you’ve got a negative response please don’t post it.

Thanks to those who’ve answered in good faith, but I think I’ll take my questions elsewhere.

[Rebecca Jo 1,962]

Thanks for all the replies.

But a lot of you need to slow down.

First of all what's this business about her entering the country intending to marry??

We met at Disney World as interns in 2005 since then both of us have travelled to see each other. We spoke everyday on the phone when we were apart. I asked her to live with me for 6 months, I had the intention to ask her to marry me if things went well, but I wasn't going to let the cat out of the bag. The government isn't going to rob me of the opportunity to surprise my girlfriend with an engagement ring.

We got married at the local court two weeks ago because we thought it would make the immigration paperwork easier (ha) we just started the stuff this week and it's really overwhelming.

A lot of you have responded with really great and helpful information. Others are making some terribly inflammatory, irresponsible, statements that I don't appreciate.

I'm born and raised on Long Island and served in the Marine Corps and am a college graduate; don't tell me my English isn't any good, Bozo.

I’m here for help not to trolled on by forum regulars who haven’t got anything going for them outside the digital world.

If you’ve got a negative response please don’t post it.

Thanks to those who’ve answered in good faith, but I think I’ll take my questions elsewhere.

Hope to see you back, Jon. You may just have set some people straight around here!

[Egypt's Heart 6]

The CBP officer can make notes under your I-94 number that can be accessed during your AOS interview. If you came into the country and were questioned by the CBP officer and then during your AOS interview they do not parallel then you have just committed material misrepresentation.

For example:

CBP: what is your purpose in the US during your stay?

you: to visit Disney World and feed the dolphins!

CBP: do you have any family or a boyfriend in the US?

you: No, I just want to feed the dolphins!!

CBP: okay... (type, type, type)

6-months later...(version 1)

IO: how did you two meet?

you: we met while I was feeding dolphins!

IO: okay, odd..I mean interesting! (type, stamp, approved)

6-months later...(version 2)

IO: how did you two meet?

you: we met online, he came to my country and we got engaged and talked about feeding dolphins!

IO: OH, r..e..a..l..l..y...... (evil internal laugh)

Sorry, it's Friday and I am having wine.... :innocent:

I love the dolphins, haaaaaaa.

[ValerieA 350]

jonDutch:

First off, congratulations on your marriage! Long life and happiness!

Here is the link to the AOS guides you need...

AOS Guide

What you are doing is fine AND legal. Many of us have done it, although there seems to be an awful lot of resentment around the other forums of this. Since your wife has not overstayed, after filing, once she receives her AP (advance parole) she can travel outside of the country, but not before, or they will deem your process to have been abandoned. If you have any specific questions about the paperwork, make sure you post in this forum (AOS from work, tourist, yada yada visas) and there are many helpful, knowledgeable people here.

Oh, and the dolphins made me giggle. I think I may visit the aquarium tomorrow!

[ceadsearc 515]

I think your initial post was just a bit confusing because when you said you asked her to come stay, it wasn't clear on if you meant "stay for awhile, see how things go" versus "stay, get married, adjust status" ... since you didn't have plans to marry and adjust status and things just went well, then you're fine to go ahead and file the I-485/I-130. Good luck!

[Little_My 463]

jonDutch - read through the link Valerie posted, download all the forms mentioned in that guide, read the instructions and start gathering the supportive documentation, photos, affidavits and whatnots. When you have everything together and you mail it out, you'll be looking at 4-6 months from filing to her receiving her greencard - assuming all goes well. And I don't think there's any reason to expect things not to go well in your case, based on what you've said here.

It's a daunting process, especially given how much is on the line for the two of you, but once you've gotten a hang of the process it gets better. Expect a lot of waiting around - patience is the name of the game - but I actually think the rest wasn't that hard. The waiting around was definitely the most challenging part.

You've been together for a long time, now you're married, and want to continue your lives together in the US. Unlike many think, USCIS is not in the business of separating foreign spouses from their USC partners just for the sake of being mean. Attention to detail, patience and common sense will get you far in this process.

Good luck with your journey, and congratulations on the marriage. I hope everything goes well for you two - and I'm sure it will.

Boa sorte!

Edited September 11, 2011 by Little_My

[A + M 29]

Thanks for all the replies.

But a lot of you need to slow down.

First of all what's this business about her entering the country intending to marry??

We met at Disney World as interns in 2005 since then both of us have travelled to see each other. We spoke everyday on the phone when we were apart. I asked her to live with me for 6 months, I had the intention to ask her to marry me if things went well, but I wasn't going to let the cat out of the bag. The government isn't going to rob me of the opportunity to surprise my girlfriend with an engagement ring.

We got married at the local court two weeks ago because we thought it would make the immigration paperwork easier (ha) we just started the stuff this week and it's really overwhelming.

A lot of you have responded with really great and helpful information. Others are making some terribly inflammatory, irresponsible, statements that I don't appreciate.

I'm born and raised on Long Island and served in the Marine Corps and am a college graduate; don't tell me my English isn't any good, Bozo.

Im here for help not to trolled on by forum regulars who havent got anything going for them outside the digital world.

If youve got a negative response please dont post it.

Thanks to those whove answered in good faith, but I think Ill take my questions elsewhere.

Please, do yourself a favor...

File for AOS & enjoy the time with your wife & don't listen to certain people on here!

Edited September 11, 2011 by A + M

[Elostuart 0]

I'll tell experiences of two friends who came on a tourist visa and married, all are super happy with their nadade GC did not have to leave the USA and return to Brazil, one of them arrived on 01/01/2011 and is home on 01/11/2011 and had no problem they met all the documents alone and are happy, the other also entou with a tourist visa and married, the difference is that she hired a lawyer for the process and everything worked. You do not need to go back to Brazil and back if you'll be a long wait, do it all quiet here. good luck

[john_and_marlene 162]

She has to go back home and you apply for a spousal visa. Since she overstayed you will have a problem. If she gets to be deported, you have to live abroad and be with her.

This message need to be disregarded along with about half of the responses in this thread.

[EmmillJ 1]

Well, that was that.

Thank you jonDutch for coming back and setting the record straight, I was getting nervous around page 4 that you wouldn't return.

That said, don't give up on the boards, it is a great place for help and support during the AOS process and one can't ever be too informed. Just, er, post in the AOS from Tourist Visas forums from now on since that IS the appropriate forum for you and your wife's case (I learned that the hard way too... )

[EmmillJ 1]

Also, 71 replies in 5 days?!?!

Ahem,

[Aloe 10]

It is always SO entertaining when those who filed K1 etc get involved in an AOS from Tourist or other visa. I seriously think I laughed out loud more reading the last 5 pages than I have in like a week!! Y'all just need to move on sure it's unfortunate that you had to be separated from your spouses while waiting for the visa to be approved but that is the nature of the beast. There is nothing that the OP did wrong so you need to quit taking out your frustrations on the OP and any OTHER person who finds themselves in a similar situation to him and his wife. Why is there so much resentment? Because you think you did it right and he did it wrong? Well that's just not the case so get off of your high horses and quit being so gosh darn rude! In fact, the first post didn't even have enough information to begin throwing accusations about the OP and his situation around.

Jon, I hope you do decide to come back and visit VJ. It really is a great source of information, so much so that I even hand out the website name to people who I think would benefit from it at work. You just need to make sure that you are weeding out the BS and a lot of that comes from people who feel like you have no right to go about AOS from a tourist visa just because they weren't able to. The fact is that what you are trying to do IS legal whether they like it or not. I know, I did it and I'm still here.

The AOS guides on here are great they pretty much spoon feed it to you and when you don't understand something there are people here who ARE willing to help you with CORRECT information. I suggest sitting down and reading through the guide entirely, gathering all the documentation you can and then putting it together. One thing you and your wife want to focus on is being able to prove there was no intent when she entered. My favourite saying that you will see a lot on VJ is something like it is not on USCIS to prove that you did something wrong it is up to YOU to prove you did not. In all honesty from what I can remember that question was not once raised in my entire AOS process, it was just nice to know that if it was I had the documentation to prove it. When I entered with my B2 I had a letter from Australia that stated I had a place of residence to return to, I had a letter from my Husband's family inviting me back for a visit and the dates of when they expected me to arrive and leave (I was an exchange student with his family), a return plane ticket and that is all I can think of right now but I am sure there is more. Take lot's of pictures, and get both of your names on as many things as possible such as bank accounts, bills, car loans, personal loans,leases etc. even if you don't have these things for the AOS you will need them in 2 years for ROC. I think it is important to tell people in the AOS stage that ROC is coming up in 2 years and it requires documentation of the relationship that spans the entire relationship. They want bank accounts that you guys open NOW and have for the next two years not accounts that you will open a month before you are eligible for ROC because you have no other evidence required. This whole ROC thing WILL make sense to you eventually I promise but you will want to start preparing for it ASAP.

As someone mentioned the one thing I am thrown off a little by is the fact she was working on a B2 visa in 2005 unless she was here on a different type of visa back then. I am not sure what issues this may cause if any at all but maybe someone helpful will be able to shed more light on it.

If you need any help feel free to PM me. Good Luck!

[ceadsearc 515]

Working illegally is generally forgiven for spouses of USCs so long as they are honest about it.