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Oxana S Martin

Have got married on a tourist visa

By Oxana S Martin in Adjustment of Status from Work, Student, & Tourist Visas

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DeniseFrance Enthusiast

DeniseFrance   14

Posted
Filed: IR-1/CR-1 Visa Country: France
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Posted

All I know is, it doesn't matter if you intent was to go back.

what matters is.... you must proof that your intent was to go back.

it's loop hole that most imigration lawyers would advice you not to do.

I wanted to do this myself but was told. Better safe than sorry!

there is also the luck factor. chances are you will be able to stay.

All though the odds would had been better if you did this the normal way.

beleive me, everbody and there brother and sister would love to do it your way.

the assumption by the USCIS was that you did not intend to go back unless you can proof it beyond a reasonable doubt.

why do you think this thread is so hot? because most of us VJ members would love to be doing the same thing as you!

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DandT14
DandT14

I'm probably going to piss a few people off with this comment. But I'm gonna make it anyway. If you're looking to AOS from the VWP or any "other" type visa (student, etc.) then I'd listen to the a

Xanax
Xanax

Sigh, I wrote a long post on my phone then it randomly turned off... Basically OP, don't be scared by some of the things you read here. A great many people adjust from tourist visas every year ( that

Harpa Timsah
Harpa Timsah

This is incorrect. BIA appeals courts have determined that intent alone is not enough reason to deny. The OP has stated that she did not have intent to immigrate when she came, so there is no point

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

These threads happen all the time, and not all get hot. Every once in a while a person finds it and posts a lot in it, which makes it hot, so then other people who do not understand the process find it and post in it and it goes on and on.

The OP hasn't been back.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
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Posted

All I know is, it doesn't matter if you intent was to go back.

what matters is.... you must proof that your intent was to go back.

it's loop hole that most imigration lawyers would advice you not to do.

I wanted to do this myself but was told. Better safe than sorry!

there is also the luck factor. chances are you will be able to stay.

All though the odds would had been better if you did this the normal way.

beleive me, everbody and there brother and sister would love to do it your way.

the assumption by the USCIS was that you did not intend to go back unless you can proof it beyond a reasonable doubt.

why do you think this thread is so hot? because most of us VJ members would love to be doing the same thing as you!

Actually the burden of proof is not on the applicant but USCIS I believe :blush: So they would have to prove you DID NOT plan to return.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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Que Saudade Proficient

Que Saudade   284

Posted
Filed: AOS (apr) Country: Brazil
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Posted

The OP hasn't been back.

good.gif

"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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missphilly Explorer

missphilly   1

Posted
Filed: AOS (apr) Country: Philippines
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Posted

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?...

Than

I THINK YOU GONNA HAVE PROBLEM WITH THAT

ADJUSTMENT OF STATUS

Filing date: April 23, 2011

I-485 Biometrics Appt Date: May 16,2011

I-485 Approval Date:June 26 , 2011

I-485 Approved: Approved

Green Card received Date: August 04,2011

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nerito Apprentice

nerito   0

Posted
Filed: AOS (pnd) Country: Bulgaria
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Posted

HELLO,

i came to the USA with J1 visa.then i applied for tourist visa(b2) and moved to Florida with my friends .

Here I met my husband.so when i met him..i was with B2 tourist visa.

We got married after I extended my tourist VISA>but i didn't needed to go home or anything.

I wish you luck!

Love the Life you Live! Live the Life you Love:)))

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DeniseFrance Enthusiast

DeniseFrance   14

Posted
Filed: IR-1/CR-1 Visa Country: France
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Posted (edited)

Actually the burden of proof is not on the applicant but USCIS I believe :blush: So they would have to prove you DID NOT plan to return.

i had it in reverse :bonk: but these are people making decisions, not Judges with a lawyer to defend you.

risky buniness to say the least. I would be shaking in my boots if I was in there shoes.

Edited by DeniseFrance
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Boiler Grand Master

Boiler   43,457

Posted
Filed: K-1 Visa Country: Wales
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Posted

Weird comments.

Stay and adjust.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
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Posted

This whole thread is weird.

Do people even read the previous replies?

Aren't we in the AOS from "other" section of the forum? :wacko:

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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Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
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Posted

A few people - (I think they are new here)jumped on the "you can't do it" ," you will get denied" , "you HAVE to prove you didn't intend to stay" , "YOU ARE BAD" bandwagon, kind of funny reading some of the replies. :devil:

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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Boiler Grand Master

Boiler   43,457

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Yep

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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DeniseFrance Enthusiast

DeniseFrance   14

Posted
Filed: IR-1/CR-1 Visa Country: France
 Timeline
Posted

A few people - (I think they are new here)jumped on the "you can't do it" ," you will get denied" , "you HAVE to prove you didn't intend to stay" , "YOU ARE BAD" bandwagon, kind of funny reading some of the replies. :devil:

yours is by far the funiest by far, :rofl:

rembember, the proof is in the pudding.

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Peter_Pan Proficient

Peter_Pan   661

Posted
Filed: AOS (pnd) Country: Romania
 Timeline
Posted

Marriage in less then 2 weeks after POE? Suspicious as hell.


USCIS [*] 22 Nov. 2011 - I-129 package sent; [*] 25 Nov. 2011 - Package delivered; [*] 25 Nov. 2011 - NOA1/petition received and routed to the California Service Center; [*] 30 Nov. 2011 - Touched/confirmation though text message and email; [*] 03 Dec. 2011 - Hard copy received; [*]24 April 2012 - NOA2 (no RFEs)/text message/email/USCIS account updated; [*] 27 April 2012 - NOA2 hard copy received.

NVC [*] 14 May 2012 - Petition received by NVC ; [*] 16 May 2012 - Petition left NVC.

EMBASSY [*] 18 May 2012 - Petition arrived at the US Embassy in Bucharest; [*] 22 May 2012 - Package 3 received; [*] 24 May 2012 - Package sent to the consulate, interview date set; [*] 14 June 2012 - Interview date, approved.

POE [*] 04 July 2012 - Minneapolis/St.Paul. [*] 16 September 2012 - Wedding Day!

AOS/EAD/AP [*] 04 February 2013 - AOS/EAD/AP package sent; [*] 07 February 2013 - AOS/EAD/AP package delivered; [*] 12 February 2013 - NOA1 text messages/emails; [*] 16 February 2013 - NOA1 received in the regular mail; [*] 28 February 2013 - Biometrics letter received (appointment date, March 8th); [*] 04 March 2013 - Biometrics walk-in completed (9 out of 10 fingerprints taken, pinky would not give in); [*] 04 April 2013 - EAD/AP card approved; [*] 11 April 2013 - Combo card sent/tracking number obtained; [*] 15 April 2013 - Card delivered.

[*] 15 May 2013 - Moved from MN to LA; [*] 17 May 2013 - Applied for a new SS card/filed an AR-11 online (unsuccessfully), therefore called and spoke to a Tier 2 and changed the address; [*] 22 May 2013 - Address updated on My Case Status (finally can see the case numbers online); [*] 28 May 2013 - Letter received in the mail confirming the change of address; [*] 31 July 2013 - Went to Romania; [*] 12 September 2013 - returned to the US using the AP, POE Houston, everything went smoothly; [*] 20 September 2013 - Spoke to a Tier2 and put in a service request; [*] 23 September 2013 - Got "Possible Interview Waiver" letter (originally sent on August, 29th to my old address, returned and re-routed to my current address); [*] 1 October 2013 - Started a new job.

event.png

Trying to get the word out about our struggles:

http://voices.yahoo.com/almost-legal-citizen-but-not-quite-12155565.html?cat=9

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