Have got married on a tourist visa

[DandT14 272]

Well, you would be wrong. No where did the OP say she was pregnant.

If you had read the signature that followed the post I think you are referring to, just before yours, which is NOT the post the OP made, by the way for anyone else trying to work this out, you would have seen that that poster has already successfully adjusted, and has her green card.

Pays to read everything.

In all fairness, I did the same thing, but realized my mistake quick enough to edit.

[cdneh 3,112]

In all fairness, I did the same thing, but realized my mistake quick enough to edit.

[Moomin 292]

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"'>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

A few questions, if you don't mind.

Can you continue your master's decree on US. It's hard to find a job these days, even with an education, and being 23 years old. Make sure your husband keeps his job, and keep above poverty guidelines - it's needed for the i-864. That, and proof of income. Can be read under "guides", http://www.visajourney.com/content/i130guide2 or simply under each instruction for each form you submit.

It's not really scary. I understand the preferred staycation, but since it was not scary to use your return ticket before you arrived to the US, it's probably not scary now either. However, you are eligible to AOS from within the country if you had no intentions immigrating before setting foot on US soil. You are required to tell the truth. Do not under any circumstances lie on any forms. It may result in a lifetime ban lying to gain an immigration benefit(which a greencard is).

Do not use "some random lawyer" as a reference to which forms are needed. They care about your money, not about you getting approved. VJ has a great guide(the link posted earlier) but always double check the right forms on the USCIS webpage. Reading the instructions will help you understand that i-130 needs supporting evidence, and supporting forms, the same goes for i-485.

You will without doubt have an interview and you're both requiredto be there. I'd suggest reading about the process and different stages, all the way from AOS - interview - ROC.

[EM_Vandaveer 2,370]

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.

Well, I am a LPR for 7 months now, so it was pretty easy to convince them. I am actually telling the truth. At the time we were not knowledgeable about the immigration process. We were actually in a relationship for only 2 and a half months at the time of POE.

By the way,I got pregnant this February, when I had my Green Card already. Entering the U.S. with the intention to MARRY is fine. Entering with the intention of MARRYING AND AOS-ING, is not fine, but as I explained I did not have the intent to stay at POE. We were planning to go to Hungary BEFORE my VWP 90 days were up. We changed our minds. It is as simple as that.

[EM_Vandaveer 2,370]

Where does it say she was pregnant??

To be honest, it's doable to stay here....people have adjusted status sucessfully from a tourist visa...but you have to jump through a lot more hoops, and there's a chance you may be turned down.

When I was thinking of staying add adjusting, we made an infopass and the officer was very helpful, and told us exactly this.

Might be worth an infopass visit.

The pregnancy was a reference to my post, but it's a misunderstanding, because I entered on 06/13/11 and my due date is 11/13/12, so obviously I was not pregnant at the time of POE.

[EM_Vandaveer 2,370]

By the way, the issue of intent did not even come up at the interview, the IO only asked if I had left the U.S. since POE, which I had not. She also asked about our relationship developing so fast, as we have only known each other for 3 months when we married. Our explanation satisfied her.

[EM_Vandaveer 2,370]

Well, you would be wrong. No where did the OP say she was pregnant.

If you had read the signature that followed the post I think you are referring to, just before yours, which is NOT the post the OP made, by the way for anyone else trying to work this out, you would have seen that that poster has already successfully adjusted, and has her green card.

Pays to read everything.

[rade2rising 205]

gr8 work congratulations on your marriage

hope you adjust successfully.

[DandT14 272]

I don't really see what all the fuss is about. He entered on VWP, he says he did not have the intent to immigrate when he entered. What's to stop him from filing AOS like others in his situation? Seems pretty straight forward to me.

[EM_Vandaveer 2,370]

I don't really see what all the fuss is about. He entered on VWP, he says he did not have the intent to immigrate when he entered. What's to stop him from filing AOS like others in his situation? Seems pretty straight forward to me.

My thoughts exactly...

[evoamac 0]

by law, yes, you can stay and file I-130 and I-485. but will most likely be denied. you will have a better chance if you go back, file and wait. just my 2cent. nothing to back it up.

[ValerieA 350]

Yeah, I don't see the issue either. OP should be fine to adjust, I don't see any negative factors by what they posted.

by law, yes, you can stay and file I-130 and I-485. but will most likely be denied. you will have a better chance if you go back, file and wait. just my 2cent. nothing to back it up.

You can say that again. Please don't give advice on a topic you know nothing about, it just confuses the poster. It would be very unusual for it to be denied.

[DandT14 272]

by law, yes, you can stay and file I-130 and I-485. but will most likely be denied. you will have a better chance if you go back, file and wait. just my 2cent. nothing to back it up.

Seriously, nothing to back it up.

How can you possibly say she will most likely be denied? That's just silly.

[rade2rising 205]

its not a case of easy denial but more a case of personal hatred and jealousy. just adjust and proceed with your life.

[Xanax 349]

Yeah, I don't see the issue either. OP should be fine to adjust, I don't see any negative factors by what they posted.

You can say that again. Please don't give advice on a topic you know nothing about, it just confuses the poster. It would be very unusual for it to be denied.

:thumbs: