Will the immigration officer deny my CR-1 visa because of this?

[Transborderwife 4,666]

I suppose I'm part of the 1% then along with dozens, probably hundreds of others on this forum.

Occupy visa journey! We are the 1%!

[JFH 12,195]

I wonder if we will hear from anyone in the 99% group who were denied? It would be interesting to hear their stories.

[pushbrk 13,631]

Hey slow down. No one said anything about lying. Maybe you misunderstood what you were told. Maybe he misunderstood your question. Maybe you both misunderstood each other.

Fact is, immediate family can adjust status once inside the USA as a visitor. It is only fraudulent if they arrive with a visitor visa or under the VWP with the intention of immigration. It's up to the CBP officer at the airport or border crossing to deduce whether they are intending to stay or not. Once they have been admitted by CBP, should they subsequently change their minds and decide to stay, they can. Now, whether all of those who go down this route really change their minds after they arrive is anyone's guess. I don't always believe them myself. Especially those who have gone to great lengths to demonstrate strong ties to their home country in order to secure a visitor visa - and the ties can suddenly be broken once they leave the baggage claim of the airport. But it's not my job to admit or deny them into the country.

Thanks for the link to the USCIS office in Las Vegas. I have never doubted its existence though.

I'm not so sure about all "immediate family". Maybe, but certainly the spouse of a US Citizen can adjust, as long as they originally entered legally. Even ones that have had "NO AOS" stamped on their passports upon entry, are almost always successful. The question of intent at entry is seldom asked about by USCIS officials at interview.

I have no personal experience with children or parents adjusting. Brothers and sisters are immediate family too, but immigration is definitely different for them.

Lots of folks post information they believe is true, that simply isn't. Happens all the time. Just learn from it.

Edited March 20, 2016 by pushbrk

[yuna628 9,875]

Ok maybe people should stop looking for reason to pick on someone, what you are all bickering about has absolutely nothing to do with the OP's question nor my answer to her question which I answered NO in her situation it will NOT affect their ability to be approved. My god people get a life!

No one is picking on you, honest. They are just pointing out that while what you said is often told many times and may be threatened or warned by officials, the reality is vastly different. It may bug the heck out of people, some might not feel it's right or fair either, but the fact is 'intent' is really hard to prove in those situations and by and large, like it or not, most will be approved if they entered in that way.

It's like the CBP warning someone that they cannot or should not marry on the VWP or visiting. It hasn't a legal basis to their scary statement. People can, do, and will continue to marry and yes... some stay - whether their action is pre-planned or spontaneous is nearly impossible to prove. To be 100% above-board, so as to leave no doubt, to turn a phrase, the OP has done the 'right' thing.

They married and went back home and are now filing for a spousal.

So OP: There should be no issues regarding this at all. Don't worry about it.

[EM_Vandaveer 2,438]

I'm not so sure about all "immediate family". Maybe, but certainly the spouse of a US Citizen can adjust, as long as they originally entered legally. Even ones that have had "NO AOS" stamped on their passports upon entry, are almost always successful. The question of intent at entry is seldom asked about by USCIS officials at interview.

I have no personal experience with children or parents adjusting. Brothers and sisters are immediate family too, but immigration is definitely different for them.

Lots of folks post information they believe is true, that simply isn't. Happens all the time. Just learn from it.

For immigration purposes, immediate relatives are: parents, spouses, under-21 unmarried children. All parents, spouses and under-21 unmarried children of USCs are eligible for AOS after lawful entry.

[Mike91 0]

Hi,

In my opinion, what you've done is not the reason to deny your case. The fact that you married does not contradict in any way with your intention to pay a visit to U.S. University. Those two things are unrelated. I had the same situation as yours. Came to U.S. as visitor and had a date with my future wife. We got married soon after, and I left the U.S. to my home country. I've been scheduled an interview in a month, therefore I assume the NVC did not have any problem with this scenario.

Disclaimer: the above information reflects my own case only and shall not be taken for granted.

Hope this helps.

[Penny Pincher 11]

I married my wife last time i was in the U.S on a tourist visa, at the port of entry when i was asked what the purpose of my trip was I said "to visit a university I'm thinking about applying to" soon after i was granted an entry, I did visit the university as I said, but also got married and left the U.S about 2 months after. We submitted the I-130 paperwork a few weeks before i flew back to my home country, and still going through the process (my i-130 got approved recently now currently in the NVC process)

My question is: do you think there's any chance that my immigrant visa (CR-1) will be denied simply because i married my girlfriend on a tourist visa even though i left soon after (didn't adjust status)? or perhaps they're going to scrutinize the way I entered the U.S as I disclosed the fact that my main purpose of entering the U.S was for marriage?

What do you guys think? is what I've done a good reason enough to deny my case??

you are not the only one who did this. Some of my friends have been married in the USA while on tourist visa and then applied for same route you are doing right now. They are staying here in the USA almost a decade now.

[JusticeWarrior67 3]

the reason why one who says to the immigration officer that the purpose of his trip is to get married gets his visa denied not because getting married is not permitted on a tourist visa but because the officer thinks that the applicant will most likely overstay his visa instead of going back home. Now if your intention of entering the U.S is to immigrate, your AOS will result in denial. However, if you go back to his home country at the end of your trip before your visa expires to get a spouse visa through consular processing then there'll be no issue of preconceived intent (the problem emerges when the applicant thinks he can "skip" the immigration law by using a tourist visa to adjust his status rather than a K-1).

[N and J 88]

I don't see why they would deny you. It is not like you got married and took advantage of the system. You did what you set out to do by going to the university and so what you married your partner. You did the right thing don't sweat it. Good luck!

[mallafri76 1,012]

But there is technically no rule against getting married in the US while on a visitor visa as long as you return to your home country before the visitor visa expired and you cannot apply or process a marriage visa while you the foreigner are still in the US, you must remain out of the US during the entire marriage visa processing.

Since you left the US before your visitor visa expired, there is no problem that you got married while you're in the US, you will not be denied simply because you married while on a visitor visa. Have your US citizen partner apply your marriage visa, as long as you're not in the US at any part of the process then you will be approved as long as there are no other problems with your marriage visa paperwork.

Well since you asked, this right here is dead wrong. You don't have to stay out of the US during the visa process, wherever did you get that from?!?! Lots of people visit under the VWP and on visitor visas during the visa process, it's perfectly fine as long as you meet the requirements for the way you enter the US and leave within the required time frame. And if you want it in black and white, you can read it on the following agencies websites: CBP, USCIS, State Department and US embassies. Not to mention the sticky under the CR/IR-1 visa thread, where hundreds of thousands of people share their experience of having visited during the visa process, including myself.

You will not get denied for marrying on a visitor visa or the VWP full stop.

And the reason why everyone's trying to set you straight is because others will come along and read your misinformation and maybe believe it to be true, unless it's corrected. We all make mistakes, appreciate the fact that others have now given the correct information so that you and others know that it is perfectly fine to marry under the VWP or on a tourist visa and that you can visit during the visa process.

Edited March 20, 2016 by mallafri76

[Boiler 47,522]

the reason why one who says to the immigration officer that the purpose of his trip is to get married gets his visa denied not because getting married is not permitted on a tourist visa but because the officer thinks that the applicant will most likely overstay his visa instead of going back home. Now if your intention of entering the U.S is to immigrate, your AOS will result in denial. However, if you go back to his home country at the end of your trip before your visa expires to get a spouse visa through consular processing then there'll be no issue of preconceived intent (the problem emerges when the applicant thinks he can "skip" the immigration law by using a tourist visa to adjust his status rather than a K-1).

Please read the thread, this is exactly the wrong information we have been seeking to correct.

[yuna628 9,875]

the reason why one who says to the immigration officer that the purpose of his trip is to get married gets his visa denied not because getting married is not permitted on a tourist visa but because the officer thinks that the applicant will most likely overstay his visa instead of going back home. Now if your intention of entering the U.S is to immigrate, your AOS will result in denial. However, if you go back to his home country at the end of your trip before your visa expires to get a spouse visa through consular processing then there'll be no issue of preconceived intent (the problem emerges when the applicant thinks he can "skip" the immigration law by using a tourist visa to adjust his status rather than a K-1).

The reason why a CBP may deny is NOT because your intent is to get married. It's because they believe you might overstay or don't prove your ties to return home. And despite their denials, the truth is even if the person marries and stays anyway, it's all forgiven. Weird way our system works.

The ability to marry in the US, no matter the reason you have entered, is not governed by federal law (though they ensure that the states keep all who want to marry on a level playing field), it's a state's rights thing.

[PostOakGuy 13]

If I had to do the process all over again, I would definitely just let my wife come into the U.S on her multiple entry tourist visa and then surprised her with an unexpected engagement, then married her and then adjusted status here. I chose the wrong route by doing the K1 process because I listened to some of the scare tactics on VJ about adjusting from B2's. My K1 experience was very smooth but I waisted money and time when I should have just adjusted from the U.S.

[NikLR 13,234]

I don't know what scare tactics.

On VJ we are quite clear about legal vs not:

It's illegal to intend do move to the USA on a non-immigrant visa.

It is illegal to lie to CBP. That does not mean you have to tell them your life story, but you do not lie.

It is up to the CBP and the USCIS to prove you lied or had intent.

It is legal to adjust your status in the USA on a non-immigrant visa. AOS cannot be denied on assumption of that intent.

End of story.

[PostOakGuy 13]

VJ has been excellent, I do not have one complaint. However, I see questions all the time about adjusting from B2's on this site and sometimes it gets ugly rather quickly.

Im just sharing my experience and what I would do now if I needed to do it over again.