Jump to content
Sign in to follow this  
jessanddennis

marry or not to marry

16 posts in this topic

Recommended Posts

Hi everyone,

we are engaged and been together for many years. we met online seven years ago and saw each other for the first time in person this summer. after that i went back home to sweden, and now two months later entered america again. this is my second visit with my fiance and we are now considering our options. we want me to live here eventually, and our plan was to get married in my home country sweden next year but the waiting and the missing is really painful. we know that its legal to get married on a visa waiver if you didnt have any intent on marriage coming in, and we didnt. its something we are considering right now, we want to get married and we also want me to stay. our fear is that since we are engaged and was before i entered the country, they will think its planned? are we taking a risk by marrying and then adjusting status? since we didnt plan on this, we havent made any preperations at all so the only thing they could consider intent is that we were already engaged. i brought with me tons of evidence to go through customs, including evidence that im intending to return to sweden which i was. customs didnt ask me anything at all when i entered. we are not sure where to go from here. how big of a chance is it that they claim fraud if we get married? it really isnt fraud though, yes we are engaged and are planning a future together but we did plan for me to stay here. thank you so much for any help, sincerely jess and dennis

Share this post


Link to post
Share on other sites

Hi everyone,

we are engaged and been together for many years. we met online seven years ago and saw each other for the first time in person this summer. after that i went back home to sweden, and now two months later entered america again. this is my second visit with my fiance and we are now considering our options. we want me to live here eventually, and our plan was to get married in my home country sweden next year but the waiting and the missing is really painful. we know that its legal to get married on a visa waiver if you didnt have any intent on marriage coming in, and we didnt. its something we are considering right now, we want to get married and we also want me to stay. our fear is that since we are engaged and was before i entered the country, they will think its planned? are we taking a risk by marrying and then adjusting status? since we didnt plan on this, we havent made any preperations at all so the only thing they could consider intent is that we were already engaged. i brought with me tons of evidence to go through customs, including evidence that im intending to return to sweden which i was. customs didnt ask me anything at all when i entered. we are not sure where to go from here. how big of a chance is it that they claim fraud if we get married? it really isnt fraud though, yes we are engaged and are planning a future together but we did plan for me to stay here. thank you so much for any help, sincerely jess and dennis

You're wise to have that fear. If they think you planned to marry when you arrived, your application for your green card would be denied and you have no grounds to appeal - a right you give up when you apply for permanent residency directly after entering on the VWP and marrying. You can always roll the dice if you think you have enough evidence to prove otherwise - but I feel you should know exactly what you're up against if they choose not to believe you.

If I were in your shoes, I would marry now, return to Sweden before my 90 days was up and have her begin the CR1 process to seek your spousal visa (you can actually begin the CR1 process when you're still in the US - you'll just need a certified copy of your marriage certificate to get started.) The guides here on the site will walk you through it step by step.

Edited by TracyTN

SA4userbar.jpg

Share this post


Link to post
Share on other sites

unless your marriage is not real they have almost no reason to deny your application, but they might note the way you got in the country and use it against your relatives if they ever wanna come visit you, from my experience knowing people who came in on tourist visa and tried to stay based on marriage I can say if it is your first visit and you already marrying someone that is a red flag for INS but if it is not your first visit to US and you marrying someone they won't care that much

Share this post


Link to post
Share on other sites

This should go in the "adjusting from a tourist visa..." section.

Many, many, many people do this (adjust for vwp) every year and the denial rate is very low.

It's a fairly simple process. Expensive at $1500 + medical.

Weigh the pros and cons:

Cons:

- Your family won't be there

- You won't be able to leave the country for 3-4 months

- It's expensive

- There is a chance of denial and no appeal

- You generally won't be able to work or drive or get an ssn until your EAD or GC either...etc!

Pros:

- You won't be apart for the duration of your application

- The process time is shorter than that of a K-1 or CR-1.

***I am sure there are things I have missed, review your options in the guide section above, make a decision and good luck :)

Edited by Xanax

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

Share this post


Link to post
Share on other sites

**** Moving from K1 visa to AOS from Tourist visa, which seems to be the main path OP is considering ****


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.

Share this post


Link to post
Share on other sites

Hi everyone,

we are engaged and been together for many years. we met online seven years ago and saw each other for the first time in person this summer. after that i went back home to sweden, and now two months later entered america again. this is my second visit with my fiance and we are now considering our options. we want me to live here eventually, and our plan was to get married in my home country sweden next year but the waiting and the missing is really painful. we know that its legal to get married on a visa waiver if you didnt have any intent on marriage coming in, and we didnt. its something we are considering right now, we want to get married and we also want me to stay. our fear is that since we are engaged and was before i entered the country, they will think its planned? are we taking a risk by marrying and then adjusting status? since we didnt plan on this, we havent made any preperations at all so the only thing they could consider intent is that we were already engaged. i brought with me tons of evidence to go through customs, including evidence that im intending to return to sweden which i was. customs didnt ask me anything at all when i entered. we are not sure where to go from here. how big of a chance is it that they claim fraud if we get married? it really isnt fraud though, yes we are engaged and are planning a future together but we did plan for me to stay here. thank you so much for any help, sincerely jess and dennis

It's probably not a big chance that they will accuse you of fraud at all. You posted this in the K-1 forum at first where people are more likely to tell you that this is wrong, and get all doom and gloom. At most they might ask you for evidence you intended to return, but that's probably not even likely.

If you didn't have the intent to marry when you entered, then you're fine. Get married, file AOS and live happily ever after. :thumbs:

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. :)

Share this post


Link to post
Share on other sites

I was in the US first on a F-1 student visa. I got engaged to my now-husband in March 2010. Since then, I entered with the F-1 twice, before we eventually got married in February 2011. My last entry was in January after going home for Christmas, so about a month and a half before our marriage at Manhattan city hall. Not once was I asked about intent during the AOS process, nor did me being engaged to an American ever come up at POE. I highly doubt you would have any issues going through AOS in the US, though it is of course good to be aware of the risks - such as no right to appeal a negative decision.

If you're ready to go through the process here, and you don't need to go back to Sweden in the next 3-4 months or so, then I would just get it over and done with. However, if you do want a bigger wedding with both families present etc. then either K-1 or CR-1 might be better options for you. Though overstay isn't an issue for spouses of US citizens who file for AOS, you should attempt to minimize the amount of days you end up overstaying your VWP, i.e. get the paperwork send out as soon as possible. This means getting married very soon, and getting all the paperwork together quickly. You will also need to get the medical done before you can file.

I would say the whole process will cost around $2,000, which includes the filing fees, medical fees, and money spent on things such as passport photos, possible notarized copies, translations, etc.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Share this post


Link to post
Share on other sites

since ur already engaged, if u marry and file aos from the vwp, that might be a red flag since u clearly misused the vwp to enter for the purpose of immigration.

its a risk.

i would recommend either going the k1 route, or the cr1 route after u marry in sweden. yes its a few months apart, but its better than being called out by immigration and possible issues later in life.


2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

Share this post


Link to post
Share on other sites

since ur already engaged, if u marry and file aos from the vwp, that might be a red flag since u clearly misused the vwp to enter for the purpose of immigration.

its a risk.

i would recommend either going the k1 route, or the cr1 route after u marry in sweden. yes its a few months apart, but its better than being called out by immigration and possible issues later in life.

Did you read her post? She clearly stated she intended to return when she entered. She didn't misuse the VWP. She entered as a visitor and changed her mind after she got here, like MANY of the other people in this forum, my husband included.


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. :)

Share this post


Link to post
Share on other sites

Did you read her post? She clearly stated she intended to return when she entered. She didn't misuse the VWP. She entered as a visitor and changed her mind after she got here, like MANY of the other people in this forum, my husband included.

my bad. sorry i misread.

ok so your case is just fine, although if i were an io i would have a hard time believing that it wasnt planned since u have been engaged for many years.


2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

Share this post


Link to post
Share on other sites

my bad. sorry i misread.

ok so your case is just fine, although if i were an io i would have a hard time believing that it wasnt planned since u have been engaged for many years.

So then what do you think of my situation, where I entered already married to my husband then AOS'd? IT DOESN'T MATTER.

OP, you should be just fine. From what you've posted, I see no reason they would deny your AOS, if you want to go that route.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Share this post


Link to post
Share on other sites

So then what do you think of my situation, where I entered already married to my husband then AOS'd? IT DOESN'T MATTER.

OP, you should be just fine. From what you've posted, I see no reason they would deny your AOS, if you want to go that route.

im not saying you cant. people have been successful and clearly you had your stuff organized well. at the same time people also have failed with the best of intentions. i personally dont like treading on the so called grey areas. upto you.


2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

Share this post


Link to post
Share on other sites

Forgive me for asking the same questions over but to clarify:

A person can enter under the visa waiver program from another country to the US and get married. They are then able to Adjust Status from there? Would they apply for the AOS before or after the 90 days is up on the VWP? And the general wait time for a GC is around 3-4 months?

Again sorry for repeating the same questions.

Thank you!


Distance never separates two hearts that really care, for our memories span the miles and in seconds we are there. But whenever I start feeling sad, because I miss you, I remind myself how lucky I am to have someone so special to miss.

Share this post


Link to post
Share on other sites

Forgive me for asking the same questions over but to clarify:

A person can enter under the visa waiver program from another country to the US and get married. They are then able to Adjust Status from there? Would they apply for the AOS before or after the 90 days is up on the VWP? And the general wait time for a GC is around 3-4 months?

Again sorry for repeating the same questions.

Thank you!

Yes, provided they didn't enter with the intent to AOS. Ideally, you want to file before you overstay. If you do overstay the 90 days you can still file. And yes, it generally takes 3-4 months.


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. :)

Share this post


Link to post
Share on other sites

Yes, provided they didn't enter with the intent to AOS. Ideally, you want to file before you overstay. If you do overstay the 90 days you can still file. And yes, it generally takes 3-4 months.

Thank you very much!


Distance never separates two hearts that really care, for our memories span the miles and in seconds we are there. But whenever I start feeling sad, because I miss you, I remind myself how lucky I am to have someone so special to miss.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×