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coppertop

Question about marriage/AOS on B2 (tourist) Visa

By coppertop in Adjustment of Status from Work, Student, & Tourist Visas

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coppertop Rookie

coppertop   0

Posted
Filed: Timeline
Posted

Hello everyone,

Even though I believe this is a common situation, I couldn't find much in the forums.

Here is our situation:

I was working in Mexico where I met my girlfriend. We were together for about 5 months and I was unexpectedly terminated from my contract there. I asked her to come back with me to California and she said yes. We've now been together for about 7 months (in the US together for a little less than 2) and we're looking to get married, but we're confused about how the process should be done since "traveling to the US on a tourist visa with intent to marry is fraud," even though I literally asked her the day before we left, so it's blatantly obvious this whole thing was without foresight.

What should be our first step? I called an immigration lawyer and she told me we could go ahead and get married, then apply for an AOS. Is that true? To be honest she didn't sound very knowledgeable. Her visa doesn't expire until 2022.

Any help would be greatly appreciated. Thank you!

KazuriSana Community Regular

KazuriSana   324

Posted
Filed: Citizen (apr) Country: Kenya
 Timeline
Posted

First: the visa that doesn't expire until 2022 is THE visa, not how long she can stay here in the USA. The period of time she can stay in the US without getting out of status, I believe, is stamped in her passport on the page opposite the one that has the visa. It is also on the I-94. SO, please understand that the 2022 visa date is just a preliminary permission to enter, subject to being interviewed admitted by customs and border control officer(s), not the period of stay at any one given visit.

Second: Only you and/or your girlfriend know for sure if she entered with intent to marry. If you go ahead and marry, you would have to file for AOS, and you are together. If you decide that she goes back to Mexico then you file papers for fiancee, you have the months of separation to deal with. Your call.

AOS, ROC, N-400, & PASSPORT, FOR HUSBAND TO USC

[02/23, 2012]  - DAY 001  (day 0001) (AOS) Mailed package to Chicago Lockbox via USPS overnight
[06/01, 2012]  - DAY 099  (day 0099) 2-year Conditional GC in hand
[05/05, 2014]  - DAY 001  (day 0802) (ROC) Mailed package to Vermont Service Center via USPS overnight

[05/14, 2014]  - DAY 009  (day 0811) Received NOA1 (GC Extended for 1 year)

[01/14, 2016]  - DAY 620  (day 1421) 10-year GC in hand

[02/22, 2017]  - DAY 001  (day 1826) (N-400) Mailed package to Lewisville, TX, via USPS overnight

[01/10, 2018]  - DAY 323  (day 2149) (N-400) Naturalization Oath Ceremony (5 years, 10 months, 19 days)

[01/10, 2018]  - DAY 001  (day 2149) (US Passport) Applied for US Passport, regular processing

01/25, 2018]  - DAY 015  (day 2164) (US Passport) Passport in hand (5 years, 11 months, 3 days from start of Journey.)

 

AOS, N-400, & PASSPORT FOR DAUGHTER [OF HUSBAND TO USC]

[06/14, 2013] - DAY 001 Mailed package to Chicago Lockbox via USPS overnight
[11/21, 2013] - Day 153 SSN and 10-year GC in hand

09/01, 2021]  - (day 3001) (US Passport) Passport in hand (8 years, 2 months, 18 days from start of Journey.)

_____________________________________________________________________________________________________________________

 

Except the Lord build the house, they labour in vain that build it: except the Lord keep the city, the watchman waketh but in vain. Psalm 127:1

ValerieA Experienced

ValerieA   350

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

Yes, it is perfectly OK to marry and adjust status. Use this guide: http://www.visajourney.com/content/i130guide2

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

coppertop Rookie

coppertop   0

Posted
Filed: Timeline
  • Author
Posted (edited)

First: the visa that doesn't expire until 2022 is THE visa, not how long she can stay here in the USA. The period of time she can stay in the US without getting out of status, I believe, is stamped in her passport on the page opposite the one that has the visa. It is also on the I-94. SO, please understand that the 2022 visa date is just a preliminary permission to enter, subject to being interviewed admitted by customs and border control officer(s), not the period of stay at any one given visit.

Second: Only you and/or your girlfriend know for sure if she entered with intent to marry. If you go ahead and marry, you would have to file for AOS, and you are together. If you decide that she goes back to Mexico then you file papers for fiancee, you have the months of separation to deal with. Your call.

Yeah, her stay expires within 6 month of her entry, which is in October I believe.. I understand all that.

Yes, it is perfectly OK to marry and adjust status. Use this guide: http://www.visajourney.com/content/i130guide2

I've read that guide, but what scares me is this part:

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

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.

Like I said, the keyword in those is intention and as ValerieA pointed out, only we can know that... but it's ultimately up to the Dept of State to decide whether it was or not, right?

So, if we do go ahead and get married and file the I-130... We can do that completely fine with her and I living in the US?

edit: we don't plan on getting married tomorrow. It would be in/around August.

Edited by coppertop
ValerieA Experienced

ValerieA   350

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

That warning is way over the top, I guess one day we should request that they tone it down. Intent is not a reason to deny. The most important things are that she crossed the border legally and that you have proof of a bonafide relationship. Don't worry, you're going to stress over every little thing until she has her green card in hand (about 3-5 months after filing), we all did!

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

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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