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Oxana S Martin

Have got married on a tourist visa

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Filed: Other Country: Russia
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Hey everyone!

I am trying to fill out all the forms to apply for a green card and I should do it ASAP. So I've read this statement "If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US." here "http://www.visajourney.com/content/i130guide2"

It sounds pretty scary.. I've got married on a tourist visa B1/B2 . Does anyone know what I shall do?.. Do I really have to go back to Russia and file the required forms from there?...

Thanks

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Filed: AOS (apr) Country: Brazil
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Did you come here to the US to get married and stay?

Edited by Que Saudade

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

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Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

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Filed: IR-1/CR-1 Visa Country: China
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please understand 'intent' as referenced in the written instructions that you're reading.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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Hey everyone!

I am trying to fill out all the forms to apply for a green card and I should do it ASAP. So I've read this statement "If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US." here "http://www.visajourney.com/content/i130guide2"

It sounds pretty scary.. I've got married on a tourist visa B1/B2 . Does anyone know what I shall do?.. Do I really have to go back to Russia and file the required forms from there?...

Thanks

To help determine intent, it would be helpful to know when did you first enter into the country, what your departure date was going to be (both cases you would have a flight ticket) and when did the marriage took place.

When you say your plan was to go get you Master diploma, was there coursework to be completed or just finalize paperwork to get the diploma? What prompted the decision to stay?

There is some subjectivity in determining intent. I wouldn't panic just yet, but before you file anything, you want to ensure you are well covered.

Providing the info above will allow members here to provide best advice.

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Filed: AOS (apr) Country: Brazil
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This is tricky and requires great understanding. I am hesitant to say anything as there are people here on VJ that will take this out of context.

If you honestly did not have any intent to immigrate when you came over and you can convince USCIS of your statement that you had no intent to immigrate when you entered the US on your tourist visa, then you can adjust status without leaving.

Now, here is the other side to this story.

If USCIS concludes that you came over on a tourist with an "intent to immigrate", they can deny your application and begin proceedings to have you removed and/or ban you from the US (potentially for life).

This is going to be a personal decision between you and your husband about how you wish to proceed. Only you two know the truth when you lie down at night.

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

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hi

i think that if you came with the intention to visit and then return to complete your master degree but then you decided to get marry, you can deal with that, of course you have to be prepare to answer a lot of questions, so is better to double check all your journey from your arrival till your current day in a very clear way.

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Filed: Citizen (apr) Country: Ireland
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*** Moving from AOS from Family visa to AOS from Tourist Visa ****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Citizen (apr) Country: Hungary
Timeline

I came to visit my boyfriend, who ended up proposing and we actually married 11 days after my POE. At the time we still planned to go back to Hungary together before my 90 days were up (as my husband has not met most of my family yet).

However, as the end of the 90 days approached and we were researching the rules, the cost, etc, we realized that once I leave the country, I can only come back on a marriage visa, and that filing for AOS was almost as expensive as two return tickets, not to mention that my husband would have wanted to stay with me in Hungary during the visa process, that would have been costly, too.

So we decided to just file for AOS, it was a quick process, no fuss... :thumbs:

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: K-1 Visa Country: Tanzania
Timeline

This is just my opinion, but I think you will have a VERY DIFFICULT time convincing USCIS that you entered the U.S. as a tourist without the intent to marry considering that you were already in this relationship AND pregnant at the time you entered the country and got married only 11 days after entry (based on your timeline and posts). In fact, I have a hard time believing it and I am very sympathetic to the difficulties experienced in waiting for a fiance/spouse to get to the U.S. In my experience, the people at immigration are not as sympathetic.

NOA1: May 16, 2011

NOA2: November 16, 2011

Interview: February 1, 2012 - APPROVED

Visa in Hand: February 9, 2012

POE: February 21, 2012

Married: February 27, 2012

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Filed: AOS (apr) Country: Canada
Timeline

It's ok if you entered with the intent to marry. It's not ok if you entered with intent to adjust status after you married.

Hopefully, you have lots of evidence that you intended to return to your home country. Job? Lease? Something?

Edited by DandT14

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: AOS (apr) Country: Brazil
Timeline

This is just my opinion, but I think you will have a VERY DIFFICULT time convincing USCIS that you entered the U.S. as a tourist without the intent to marry considering that you were already in this relationship AND pregnant at the time you entered the country and got married only 11 days after entry (based on your timeline and posts). In fact, I have a hard time believing it and I am very sympathetic to the difficulties experienced in waiting for a fiance/spouse to get to the U.S. In my experience, the people at immigration are not as sympathetic.

The OP never said she was pregnant nor does the OP have a timeline. Where are you getting this information?

Plus, you can come here with the intent to marry. You can't come here with the intention of getting married and staying (with regards to tourist visa).

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

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Filed: AOS (apr) Country: Jamaica
Timeline

This is tricky and requires great understanding. I am hesitant to say anything as there are people here on VJ that will take this out of context.

If you honestly did not have any intent to immigrate when you came over and you can convince USCIS of your statement that you had no intent to immigrate when you entered the US on your tourist visa, then you can adjust status without leaving.

Now, here is the other side to this story.

If USCIS concludes that you came over on a tourist with an "intent to immigrate", they can deny your application and begin proceedings to have you removed and/or ban you from the US (potentially for life).

This is going to be a personal decision between you and your husband about how you wish to proceed. Only you two know the truth when you lie down at night.

I agree :thumbs:

AOS

10/16/2012 Mailed I-485, I-765, I-131
10/19/2012 NOA1
11/09/2012 Biometrics Apt @ 3pm
12/25/2012 EAD/AP Approval
01/05/2013 Received EAD/AP in mail

06/20/2013 AOS APPROVED!!!!!

LIFTING OF CONDITIONS

3/23/15 Mailed I-751

3/25/15 NOA1

3/28/15 NOA1 Received in the Mail

4/28/15 Biometrics Apt.

11/13/15 ROC Approved

11/18/15 Approval Letter Received

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