Married On Tourist Visa

[Krigg 0]

Hi everyone. I'm sure this question has been asked a million times but every situation is different and want to get opinions on ours specifically.

Here is the timeline of our events:

I started chatting with a girl on a Russian dating site back in the summer of 2011.

In August 2011 we met in Spain and spent one week together.

In February 2012 she came to the US on a tourist visa and stayed for 5 weeks then went back home.

In May 2012 she came here again to visit on her tourist visa. She spent a couple weeks here and when it was time for her to go back home, I asked her to stay longer because I had trouble letting her go and she agreed.

After spending some time together, we decided that we want to marry and spend our lives together and we got married about 4 months after her entry.

So now I'm about to start the process of adjusting her status. I want to get the honest opinions of everyone here on if we should proceed forward with this and what is the likelihood that we could be making a big mistake by adjusting status rather than her going back home and getting a marriage visa.

I know our biggest obstacle is whether or not she had the intent to marry when she entered the US. So firstly, neither of us had the intent to marry until we decided to marry which was after she was here for a few months. By what do they make their determination of whether or not we had the intent to marry? Is it very common for them to deny based on intent or is this something they can only prove in rare cases (for example if someone admits they had the intent)? Who has the burden of proof with regard to intent, us or the interviewing officer? Does anything in our timeline point to the possibility of intent?

I know there is a risk in adjusting status on a tourist visa, but what I want to know is how much of a risk. I believe in doing things the correct way, but it's very difficult to send my wife away and wait up to a year if denial based on intent is not very common. Not to mention the fact that we've done nothing wrong or illegal and just want to live a normal and happy life together. Please advise.

Edited September 10, 2012 by Krigg

[Anh map 2,098]

File the petition and get the process going. The overstay will be forgiven. She can't leave the US until she has Green Card in hand.

We're all in love with our chosen ones and want a life together. Nothing special in your case there.

Is there a chance for denial, of course. From what you've described, unless she has some legal or immigration skeletons in her closet it ought to be ok.

For peace of mind you can schedule a consultation with a qualified immigration attorney to lay out any particulars that you feel may complicate things. Then start down the path that you both choose.

Good luck

*Moved from Adjust Status - Family Visa forum to Adjust Status - Work, Student, Tourist Visa forum*

[Boiler 43,601]

Seconded

[DandT14 272]

Hi everyone. I'm sure this question has been asked a million times but every situation is different and want to get opinions on ours specifically.

Here is the timeline of our events:

I started chatting with a girl on a Russian dating site back in the summer of 2011.

In August 2011 we met in Spain and spent one week together.

In February 2012 she came to the US on a tourist visa and stayed for 5 weeks then went back home.

In May 2012 she came here again to visit on her tourist visa. She spent a couple weeks here and when it was time for her to go back home, I asked her to stay longer because I had trouble letting her go and she agreed.

After spending some time together, we decided that we want to marry and spend our lives together and we got married about 4 months after her entry.

So now I'm about to start the process of adjusting her status. I want to get the honest opinions of everyone here on if we should proceed forward with this and what is the likelihood that we could be making a big mistake by adjusting status rather than her going back home and getting a marriage visa.

I know our biggest obstacle is whether or not she had the intent to marry when she entered the US. So firstly, neither of us had the intent to marry until we decided to marry which was after she was here for a few months. By what do they make their determination of whether or not we had the intent to marry? Is it very common for them to deny based on intent or is this something they can only prove in rare cases (for example if someone admits they had the intent)? Who has the burden of proof with regard to intent, us or the interviewing officer? Does anything in our timeline point to the possibility of intent?

I know there is a risk in adjusting status on a tourist visa, but what I want to know is how much of a risk. I believe in doing things the correct way, but it's very difficult to send my wife away and wait up to a year if denial based on intent is not very common. Not to mention the fact that we've done nothing wrong or illegal and just want to live a normal and happy life together. Please advise.

Based on what you've described, AOS is the "correct" way. There's certainly nothing wrong about it. The process exists for people in your situation to use it.

As far as the risk of denial due to intent, I've never been able to find a person on this site who was denied for intent. Most of the more experienced members here will tell you that intent alone is not a reason for denial. As long as there's nothing you're leaving out of your story, you shouldn't have any issues.

If there's something you're not mentioning that you're worried about, might as well ask here. Better to ask here than to find out from USCIS.

[Krigg 0]

If there's something you're not mentioning that you're worried about, might as well ask here. Better to ask here than to find out from USCIS.

There truly is nothing else that I am aware of. She was given a 6 month visa at the border and it's still within that time so there is no overstay. She has no criminal record, never tried for a visa before in the past. My only concern was the possible denial of greencard and removal of my wife which was based on the harsh warnings given in posts I've read on this site where the people were telling others not to risk it. I had a feeling that those warnings were a bit exaggerated.

[Krigg 0]

So would you guys go as far as to say that the probability for denial is very low in our case? Also, will we be expected to provide proof that there was no intent?

I've heard that the interviews conducted in the home countries for visas are very much at the discretion of the interviewing officer and that they can deny for no good reason at all if they so choose. Is it the same for interviews here in the USA conducted for Adjustment of Status? Or do they have a bit more accountability here? I mean do they need a valid reason to deny or perhaps a supervisor who must agree with them if challenged or anything? Or are we truly at the mercy of one person? I understand that a foreigner is owed no rights in our country but what about me, the US citizen? Or are they just doing me a favor by allowing me to marry a foreigner? Sorry for all the questions.

Edited September 11, 2012 by Krigg

[DandT14 272]

It is at the interviewers discretion to approve you or not. I'm sure you have recourse if you're mistreated, but if they just decide your marriage is fraudulent, they can deny you.

That said, the risk of denial is probably low. Intent isn't going to get you denied. What will get you denied is if, at any point, your wife lied to US officials. Or, if for some reason they decide your marriage was purely for immigration purposes.

There's risk, of course. But there's risk of getting denied if she goes back to her home country and applies for a visa there.

My opinion is the "harsh warnings" you see on this site are generally from people who went the k-1 or cr-1 visa route, and are either misinformed about AOS from "other" visas, or angry about them.

[Krigg 0]

It is at the interviewers discretion to approve you or not. I'm sure you have recourse if you're mistreated, but if they just decide your marriage is fraudulent, they can deny you.

That said, the risk of denial is probably low. Intent isn't going to get you denied. What will get you denied is if, at any point, your wife lied to US officials. Or, if for some reason they decide your marriage was purely for immigration purposes.

There's risk, of course. But there's risk of getting denied if she goes back to her home country and applies for a visa there.

My opinion is the "harsh warnings" you see on this site are generally from people who went the k-1 or cr-1 visa route, and are either misinformed about AOS from "other" visas, or angry about them.

Yes, I could sense that as I read their gloom and doom posts. Anyway, I appreciate your replies, your words certainly are encouraging.

[mymarriagejourney 113]

Yes, I could sense that as I read their gloom and doom posts. Anyway, I appreciate your replies, your words certainly are encouraging.

I've actually been told directly (privately) by people whose spouse is from the same country as my husband that it isn't fair that I'm with him, that we're "cheating" the system, and that we would certainly be denied at the consulate.

He came here legally on an F1 visa and studied for a year before we decided to get married. Neither he nor I have done anything illegal or underhanded or with ill intent. It's shocking to me that people can react with such venom.

File the AOS paperwork. It's perfectly legal and routine.

[churawan 14]

Wdid this for different reasons and it all worked out fine for us.. We filed for a K1, my wife (fiance'at that time) had a tourist visa and had visited me in the USA before we started the K1... 22 months into the K1 waiting game, thank god for that B2 visa!!! I decided that our paperwork was lost or misplaced.. So I decided to MArry her and keep her here and filed for AOS... Withdrew our K1 application... Wouldn't you know the NOA2 arrive 30 days later LOL.... Anyways we knocked it out of the park at the interview, had tons of evidence and such... The interview lasted 8mins and we were approved, Greencard arrived less 30days later... So I think if you have your act togetehr with evidence and facts straight at the interview you will be fine.... Sharing assests is a big thing to show you are serious.. Bank accounts, heath insurance, life insurance and such will be awesome... Bring copies (originals where possible, ie bank statements and bills with joint names) to give them... Good luck and just go forward with your plans, Gloom and Doomers aside you will be fine!!!

[Krigg 0]

It's shocking to me that people can react with such venom.

I'm guessing the raw emotions from those folks being apart from their loved ones prompts them to channel that negative energy at others. It's terrible, indeed.

[Krigg 0]

Wdid this for different reasons and it all worked out fine for us.. We filed for a K1, my wife (fiance'at that time) had a tourist visa and had visited me in the USA before we started the K1... 22 months into the K1 waiting game, thank god for that B2 visa!!! I decided that our paperwork was lost or misplaced.. So I decided to MArry her and keep her here and filed for AOS... Withdrew our K1 application... Wouldn't you know the NOA2 arrive 30 days later LOL.... Anyways we knocked it out of the park at the interview, had tons of evidence and such... The interview lasted 8mins and we were approved, Greencard arrived less 30days later... So I think if you have your act togetehr with evidence and facts straight at the interview you will be fine.... Sharing assests is a big thing to show you are serious.. Bank accounts, heath insurance, life insurance and such will be awesome... Bring copies (originals where possible, ie bank statements and bills with joint names) to give them... Good luck and just go forward with your plans, Gloom and Doomers aside you will be fine!!!

I would have guessed having an open K-1 would really stack the odds against you with regard to intent. I'm very glad to hear it worked out well for you two. 22 months is ridiculous. I can say based on my research that I'm very disappointed with this whole system. But of course this is not a hot-topic issue so reform would seem unlikely to me. So sad.

Anyway, when you say you provided evidence, you mean concerning a bonafide relationship and not about about proving there was no intent to marry before entering the US, correct? I'm probably too hung up on the whole intent thing, but I just have to be sure

[Rich Nason 1]

I would have guessed having an open K-1 would really stack the odds against you with regard to intent. I'm very glad to hear it worked out well for you two. 22 months is ridiculous. I can say based on my research that I'm very disappointed with this whole system. But of course this is not a hot-topic issue so reform would seem unlikely to me. So sad.

Anyway, when you say you provided evidence, you mean concerning a bonafide relationship and not about about proving there was no intent to marry before entering the US, correct? I'm probably too hung up on the whole intent thing, but I just have to be sure

Evidence of validity of the relationship. I also would say not to worry about it to much. My friend also went this route, met a girl one summer while she was here on a work and travel visa, went back to Russia for 3 or 4 months. She got a B-2 visa, came back with the intent on only visiting, but then they decided they could not be apart and she stayed. They got married and filed the AOS before her visa expired. Went to the interview, brought photo albums of photos together and other evidence to support the relationship was valid. Explained that she did not intend to stay on her B-2 but after she was here 5 months they could not be apart. 2 years later they are living happily ever after, she has her greencard, is working and going to school for nursing. That all being said.. I wouldn't worry about anything, however I would strongly strongly advise that you file the AOS prior to her visa date expiring and take tons of photos together so that you have visual proof validating your relationship.

[Gary and Alla 3,694]

I'm guessing the raw emotions from those folks being apart from their loved ones prompts them to channel that negative energy at others. It's terrible, indeed.

You have been given some good advice, follow it. None of us are guaranteed approval anyway or even that you will live that long so go for it.

I went the route I did and have no regrets. If you ask me a lot of people who are used to text messages and tweets and Fedex Tracking numbers get miffed about waiting a while for a visa. Oh well, life sucks and then you die. But no tif you find a HOT Ukrainian chick to marry...then you never have a bad day again. SO get on with it.

All this visa stuff is nonsense anyway, it is but a minor nuisance for life in general and you forget about all that right away.

Congratulations on finding a wonderful woman from a wonderful place for women...my wife arrived four years ago today and she smites me every morning with her beauty and care and love. Visa? What visa? You should never again have a bad day.

[Krigg 0]

Great words of encouragement from you all. I really appreciate it. I feel much better about moving forward with this.