marriage on tourist visa

[am1996 0]

If you would like me to be unpleasant I can be very much more so, I assure you.

I will take your word for it.

As for my posts, if you would re-read them you would see that my wife is actually adjusting status from a B2. What portion of my posts are you so vehemently disagreeing with and on what basis?

[Killer_Clown_2009 0]

Am,

You are entirley off base regarding marriage date and violation of a B2 visa. I'm not going to go searching though the waste land of the internet to show you proof (although it is there if you care to look yourself). I think you need to talk to a really good immigration attorney and get your information straight.

Edited January 17, 2007 by jane2005

[rebeccajo 14]

So your wife's employer is sponsoring her, and not you, her USC spouse?

[Killer_Clown_2009 0]

I think the tax return example is a poor one. US Citizens are allowed to claim their foreign spouse on their taxes. I've filed taxes with my husband and I don't recall anywhere where I requested being treated as a US resident. I had no US income to claim anyway.

When you filed your tax returns, you had the option of being treated as a non-resident alien or a resident alien for tax purposes. See http://www.irs.gov/businesses/small/intern...d=96734,00.html

Am,

That has to do with filing a business tax return. I am quite certain that most people who are adjusting status from a tourist visa, won't be filing a business tax return prior to their adjustment of status.

[am1996 0]

Jane, please re-read my posts and you will discover that I am saying that there is absolutely nothing illegal, immoral or unethical about adjusting status from a B2 (in fact, my wife and I are doing just that). Respectfully, I don't think that you read the posts very carefully but, upon seeing the word "violation," assumed that I was critizing the practice or telling you that you've violated the law. Nothing could be further from the truth.

The reason that I used the word "violation" is to stay consistent with the way that it is used in the FAM. If you read it in its proper context you will see that "marriage and taking up of US residency" is inconsistent with the purpose of a nonimmigrant visa, so you then have the option of proceeding with the adjustment of status so that your actual status in this country (a resident married to a USC) matches up with your legal status (a permanent resident with all rights and privileges that come with that).

So your wife's employer is sponsoring her, and not you, her USC spouse?

Huh?

[am1996 0]

That has to do with filing a business tax return. I am quite certain that most people who are adjusting status from a tourist visa, won't be filing a business tax return prior to their adjustment of status.

It has nothing to do with business tax returns. It is just placed in an odd section on the website. Please read IRS' explanations and examples, which make it clear.

[Killer_Clown_2009 0]

Am,

Your story is full of holes. Canadians don't need a B2 Visa to visit the US.

[Jolibee76 1]

I have known thru a friend in Oz who married a US whilst on tourist visa... and all i knew the condition was she couldnt leave for 2 years, even for a holiday. then there after getting GC she could visit oz but only could stay for like 30 days. Even with the birth of her child (US born) taking him back home to oz she cant stay more than 30 days cos it considered kidnap- This was enough for me to take the K! approach and its been for the better. Its seems if you break the US rulz they wull get you in the long run, good and hard!!! i couldnt allow myself to be trapped in US without a trip back home to oz.. it would kill me

[am1996 0]

Am,

Your story is full of holes. Canadians don't need a B2 Visa to visit the US.

If I may offer a piece of unsolicited advice, get a handle on the facts before you attack somebody. Canadian tourists/visitors do not need a visa to enter the US (we've previously debated on VJ whether that authorization comes from NAFTA or the Jay's Treaty) but in every other respect they are required to comply with the same regulations that govern the B2. In other words, the enumeration, foreign residence abroad and practically every other requirement under the INA is exactly the same for Canadians as it is for all other tourists. As such, although you do not receive the physical visa, as a Canadian tourist you've entered the country on a B2 status. Edited January 18, 2007 by am1996

[kitkat1 5]

I have known thru a friend in Oz who married a US whilst on tourist visa... and all i knew the condition was she couldnt leave for 2 years, even for a holiday. then there after getting GC she could visit oz but only could stay for like 30 days. Even with the birth of her child (US born) taking him back home to oz she cant stay more than 30 days cos it considered kidnap- This was enough for me to take the K! approach and its been for the better. Its seems if you break the US rulz they wull get you in the long run, good and hard!!! i couldnt allow myself to be trapped in US without a trip back home to oz.. it would kill me

When you go through the adjustment of status process, whether from a tourist visa OR a K1, you cannot leave the US without advanced parole or until you have a green card. Don't know where you/she came up with the 30 day rule - there isn't one.

Keep in mind that even with a K1, you too will require advanced parole before you can leave the country, or you won't be able to come back without starting over again and waiting for a spousal visa.

[Killer_Clown_2009 0]

Attack?

You've offered a ton of misinformation and filled it with verbage so that it appears to be facts. You've advised me to read your posts more carefully. I've read quite enough. I am not quite as stupid as you seem to think I am, nor are you as intelligent as you believe yourself to be.

[Jolibee76 1]

I have known thru a friend in Oz who married a US whilst on tourist visa... and all i knew the condition was she couldnt leave for 2 years, even for a holiday. then there after getting GC she could visit oz but only could stay for like 30 days. Even with the birth of her child (US born) taking him back home to oz she cant stay more than 30 days cos it considered kidnap- This was enough for me to take the K! approach and its been for the better. Its seems if you break the US rulz they wull get you in the long run, good and hard!!! i couldnt allow myself to be trapped in US without a trip back home to oz.. it would kill me

When you go through the adjustment of status process, whether from a tourist visa OR a K1, you cannot leave the US without advanced parole or until you have a green card. Don't know where you/she came up with the 30 day rule - there isn't one.

Keep in mind that even with a K1, you too will require advanced parole before you can leave the country, or you won't be able to come back without starting over again and waiting for a spousal visa.

yeah i found it bizzare of the 30 day thing she told me- all i know that it scared me and my now hubby was wanting to go thru marriage on a visitor visa. We opt once i told him abt K1 anyhow i got my AP and EAD this week so i am soo happy i can make that trip to phils in march and home in oz in May. wooooooohooo cant wait

[scotty 0]

wellllllllll I would say to anyone wanting to go down that route to be well prepared in advance

i.e keep major ties to your homeland so to convince the USCIS that you did intend on going home after your visit. This will be a factor when you get interviewed for AOS. the onus is on you to prove that when you entered on your vwp it was not fraudulent.

I might get some stick for posting this but how many people out there wish they had thought a bit more about the alternative be it right or a little bit wrong

Regards Scotty

[venice surfer 0]

As the original poster, I'm delighted that this has turned into such a robust discussion of this topic. And has, so far, not revealed lots of examples of people being denied AOS based on their intent to marry on a tourist visa. I wish I'd had this thread as a reference when we had to decide what to do last year.

To briefly add our story to the lore...

She had a 10-year tourist visa, good for 6-month at a time. Had visited US several times in past years. Came to visit me and stayed with me 3 months, then home for 6 weeks, then back here for 6 months. We decided to marry here in the US about a month before the end of the second visit. Only then did we look into the process for applying for AOS... and discovered all the dire warnings about the risk of being denied AOS.

Unfortunately, she had virtually no proof of a connection to her home country. As a model, she worked only when she wanted, all short-term and for different agencies. She was a citizen of the world, traveling with friends, living lots of places and moving for months at a time to other countries. No real estate, car, utility bills... no roots except family there.

Believing the government's emphasis was only on how strong the ties are to the home country led us to fear denial. Now I believe we were not in much danger of denial. And I think this thread bears that out.

[am1996 0]

Attack?

You've offered a ton of misinformation and filled it with verbage so that it appears to be facts. You've advised me to read your posts more carefully. I've read quite enough. I am not quite as stupid as you seem to think I am, nor are you as intelligent as you believe yourself to be.

Don't be silly. Nobody called you stupid -- stop trying to pick a bone where there is no bone to be picked.

As I've previously mentioned to you, the FAM sections that I've quoted can be found at 9 FAM 40.63 N4.7 - N4.7-4: http://foia.state.gov/masterdocs/09fam/0940063N.pdf. As you can see from the link, the 30/60 day rule is stated there in black and white. As I've previously posted, the FAM is NOT binding on the USCIS but, because of its persuasive authority, a large percentage of lawyers out there recommend paying close attention to the 30/60 day presumption (and several posters in this thread have confirmed that their lawyers have recommended it).

As for alien spouses having the option of being treated as a non-resident alien or a resident alien for tax purposes, I've already invited you to examine IRS' explanation: http://www.irs.gov/businesses/small/intern...d=96734,00.html If You are still unhappy with this explanation, please read instructions to Form 1040 that also address this issue.

Now, as for Canadian visitors still being subject to all the other requirements and restrictions of B2 as all other aliens with the exception of the physical visa or the I-94... I don't know where to start on this one, as it is quite axiomatic. Start a new thread on this if you would like and people will immediately confirm what I am saying.

Now, I am still waiting to hear about the specific "misinformation" that you say you have found in my posts as well as for the basis for your disagreement.