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Posted

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

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Filed: Other Country: China
Timeline
Posted (edited)

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 by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

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.

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

Filed: Citizen (apr) Country: Hungary
Timeline
Posted

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.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Posted

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.

Posted

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.

ṲϟCЇϟ STAGE
2012 Sep 22 ::I-130 Sent
2012 Sep 24 :: NOA1
2012 Nov 26 :: NOA2

NVC STAGE
2012 Nov 30 :: LND case#/IIN received via phone;
2012 Dec 10 :: DS3032 sent
2012 Dec 14 :: Case# received via email
2012 Dec 15 :: AOSbill / IV bil INVOICED -delay the process due to personal reasons-

2013 Jan 15 :: AOS / IV Paid -delay the process due to personal reasons-

2013 May 2 :: NVC received IV / AOS Package

2013 May 17 :: Sent checklist via FedEx

2013 May 22 :: Received Checklist

2013 May 30 :: Case Complete

CONSULATE STAGE

2013 June 5 :: Interview Scheduled by NVC

2013 June 7 :: Received Instruction Page

2013 Jun 22 :: Medical Passed

2013 July 10 :: Interview Passed

2013 July 12 :: Visa on Hand

POE

2013 Aug 13 :: Houston, Texas

2013 Sep 1 :: Card Received

ROC

2015 July 4 :: Packet Sent (Missed to include Tax and Leases due to emergency purposes so RFE is expected)

2015 July 6 :: NOA 1 Receipt

2015 July 29 :: Biometrics Schedule but moved due to emergency reasons

2015 Oct 8 :: Returned to USA

2015 Oct 15 :: Biometrics Done

2016 Jan 21 :: RFE Received as expected

2016 Feb 25 :: RFE docs sent

2016 Feb 27 :: USCIS RFE docs delivered

2016 Mar 17 :: Card Production Ordered

2016 Mar 21 :: Snail Mail (Sent by USCIS on 3-18-16 / Approved)

2016 Mar 25 :: 10 yr GC Received

N400

2016 May 15 :: Application to be sent!

Filed: IR-1/CR-1 Visa Country: Israel
Timeline
Posted

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).

Filed: IR-1/CR-1 Visa Country: Sweden
Timeline
Posted (edited)

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 by mallafri76

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

Filed: K-1 Visa Country: Wales
Timeline
Posted

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.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

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.

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

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.

Posted

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.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

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.

 
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