Adjusting status immediately after wedding...

[tori92 0]

I am marrying on october 22nd. My initial plan was to go on a tourist visa, marry, return home. Sounds fair enough right? And apply for spouse visa. Now... I have a friend who's Mother married an American man, went on a tourist visa, married, and adjusted her status immediately and didn't have to return home..... hmmm now this really has me thinking, can you do that??? Is that LEGAL? What about the return ticket?

I will add also, I have 2 children who will be coming with me... how would you go about this? I don't like the idea of spending up to 10 months without being with my partner, but I also don't like the idea of being barred from the USA from breaking the law (if it is breaking the law)...

[Harpa Timsah 13,263]

It is illegal to enter the US on a tourist visa with the intent to immigrate.

[Ning25 620]

I am marrying on october 22nd. My initial plan was to go on a tourist visa, marry, return home. Sounds fair enough right? And apply for spouse visa. Now... I have a friend who's Mother married an American man, went on a tourist visa, married, and adjusted her status immediately and didn't have to return home..... hmmm now this really has me thinking, can you do that??? Is that LEGAL? What about the return ticket?

I will add also, I have 2 children who will be coming with me... how would you go about this? I don't like the idea of spending up to 10 months without being with my partner, but I also don't like the idea of being barred from the USA from breaking the law (if it is breaking the law)...

People can do as you suggest. However because you would be doing so to intentionaly enter with the full intent of circumventing the immigration laws and procedures you could be charged with fraud. If that happened you could be barred for life.

What is important in these cases is the intent of the person when they entered at the POE. If people enter with the intent of marrying and leaving as you said your original plan was but for some reason they changed their mind therefore their intent they could so so under the law.

This is what you need to think over and then you may not need the return ticket.

Edited July 26, 2012 by Ning

[JohnR! 5,495]

1343335366[/url]' post='5558401']

I am marrying on october 22nd. My initial plan was to go on a tourist visa, marry, return home. Sounds fair enough right? And apply for spouse visa. Now... I have a friend who's Mother married an American man, went on a tourist visa, married, and adjusted her status immediately and didn't have to return home..... hmmm now this really has me thinking, can you do that??? Is that LEGAL? What about the return ticket?

I will add also, I have 2 children who will be coming with me... how would you go about this? I don't like the idea of spending up to 10 months without being with my partner, but I also don't like the idea of being barred from the USA from breaking the law (if it is breaking the law)...

You would be breaking the law definitely if you come in with the intention or marrying and staying. IMHO consider coming and marrying ans planned and have your husband file for your greeencard and your kids' under the CR/IR guidelines soon afterwards. Stay as long as you are allowed, which may be up to six months depending on the CBP agent at the POE. If you do that, you'll not be breaking the law. If you are allowed to stay for six months as is customary, you can be with your husband for that period and chances are that by the time you have to return home, your process will be far along enough that you should be able to return as a resident, green card on hand in approximately another six months or so. The entire CR/IR process may take up to a year. During that time there is paperwork you'll need to prepare to present at the consulate in your home country so you will be fairly busy taking care of those, and preparing yourself and readying all things in your life to return legally, enter the country to stay, and do so without the spectrum of suspicion from the USCIS.

Whatever your decision, I wish you best of luck.

[pushbrk 14,255]

I am marrying on october 22nd. My initial plan was to go on a tourist visa, marry, return home. Sounds fair enough right? And apply for spouse visa. Now... I have a friend who's Mother married an American man, went on a tourist visa, married, and adjusted her status immediately and didn't have to return home..... hmmm now this really has me thinking, can you do that??? Is that LEGAL? What about the return ticket?

I will add also, I have 2 children who will be coming with me... how would you go about this? I don't like the idea of spending up to 10 months without being with my partner, but I also don't like the idea of being barred from the USA from breaking the law (if it is breaking the law)...

The answer I gave in your other thread was correct then and now. If you decide AFTER YOU ARE ALREADY IN THE USA to adjust status after marriage, you are free to do so. If you are entering during a school year with two kids in tow and the intent to marry a US Citizen, chances are you won't even be allowed in. They'll turn you around based on their logical conclusion you intend to immigrate without an immigrant visa.

This is tricky business with no guarantees. Add children to the mix and you really don't want to be taking chances. Join the club of long distance international family relationships. We go without personal family contact a while and then life gets better.