Concerned that it will look as though my marriage was planned when I entered the US on a visa waiver? Advice please! :)

[charlieo 0]

Hey guys!

I'm in the middle of compiling my marriage visa application and it's all going pretty well and smooth but just wanted to get some advice from anyone who might have been in a similar situation as me. Basically, my husband and I met in 2015 right before he moved to California for work (I was living in NYC, studying there full time). So we met and connected very quickly, and then began a long distance sort of friendship/relationship. We would visit each other here and there, we chatted all the time, he met my family when they were in California visiting my sister (her husband is American and they were living in Cali at the time) etc. We were falling in love but separated by distance. In December I finished my studies and went home to Australia for Christmas, and my partner decided to come over New Years to meet the rest of my family and my friends. Then in January, I returned to the States on a Tourist Visa (ESTA) as I wanted to do some traveling now that I had finished my studies, and my partner proposed to me. We got married last week and I'll be filing my application in a couple of weeks.
It felt as though I had a very straightforward case, but as I'm preparing it I'm afraid that it's going to look like we had the intention of marrying when I re-entered the States, which isn't the case. When I came into the US and they asked the purpose of my trip, I said to travel and visit friends, which was the truth, but of course I didn't say "there's this guy who I think I'm in love with, it's complicated" - you know??

 

Anyway, just wanted some advice!! Our relationship and marriage are completely bona fide and in good faith, I'm just concerned that they might think we had intention to marry and I would love any advice from people who have had a similar situation.

 

Thank you kindly!!
 

[Sukie 1,439]

Charlieo, I don't think you will have any trouble.  Put together a timeline of your relationship.  Show that your partner came to Oz, and that your families are all on board with this.  All of us have had to put up with some sort of long distance.  Show your phone records, or your chat records to prove you were in touch while apart.

 

I'm assuming you had a fairly small/simple wedding?  If you catered for 600, it's going to be hard to proved that wasn't a "preconceived" notion, but as you describe it, it sounds as if both of you have the attitude of "go with the flow". 

 

In my own case, we had purchased our rings (because there was a great sale in Oz), and brought them back to the US with us.  We had no intent on marrying at any given time during her stay.  But circumstances said "It's time", and we jumped.  We had six people at our wedding.  We planned the whole thing in one month.  And we sailed through! 

 

Of course, then she went back to Oz while we filed the I-130 and CR-1 paperwork.  But because Australia is part of the ESTA plan, she could come visit while we were waiting.

 

Good luck, mate!

 

Sukie in NY

[EG&XY 144]

I agree with Sukie's response, I think you should be fine. The only think that I might emphasis is to pull together what information you can to demonstrate that the engagement and planning (ring purchase, etc.) happened after you entered the US. I would imagine that there is at least some evidence to support the timing of the engagement, etc. (text messages with friends and family, etc.).

[Suss&Camm 2,213]

Intent is determined at the border. They let you in, you should be fine

Congratulations on the marriage!

[charlieo 0]

Thank you guys! Appreciate the advice and help. We didn't have anyone at the wedding actually! It was just a simple lovely little courthouse do with our witness, my brother in law. We are going to have a bigger wedding in Australia next year. Is this something we should mention or not??

I'm just panicking that they're going to say "Why didn't you mention this complicated long distance partner of yours when you entered the country?" or something hah.  EG&XY - how and where do I include this kind of info? Is that to bring to the interview? Or would that be considered additional documents to support bona fide marriage? And with those kinds of phone bill record, messages from friends type of evidence - do I include them as screenshots? How do I show the date in that situation?

Cheers everyone much appreciated!!

[Thesmiths2016 117]

You should be fine. If you were trying to file for adjustment of status while still in the US on your tourist visa that's a different story, but you have history with your husband, you returned to Aussie after, and you're filing from abroad I assume?  If so you'l be fine.

[Penguin_ie 5,986]

**** Moving from CR-1 spousal visa to AOS from Tourist visa forum ******

[charlieo 0]

4 hours ago, Thesmiths2016 said:

You should be fine. If you were trying to file for adjustment of status while still in the US on your tourist visa that's a different story, but you have history with your husband, you returned to Aussie after, and you're filing from abroad I assume?  If so you'l be fine.

I am in the US - my husband and I have a history in the US - we met in June 2015 while I was studying and he moved to California shorty after, we began a long distance relationship, visited each other regularly (he met my parents while they were in Cali and I was there visiting them), spoke on the phone and texted daily, then he came to Australia while I was home for Christmas in December 2016, and I returned to the States in January 2017 on a tourist visa as I had finished my course and wanted to travel around the US a bit. He proposed to me, we got married here in Southern California, and I am still in my ESTA window and will be applying from here. We consulted a lawyer and he alerted us to the 60 day rule, so we got married after 60 days and I will be filing while still within the 90 day WVP.

[cookiesandlove 1]

10 hours ago, charlieo said:

I am in the US - my husband and I have a history in the US - we met in June 2015 while I was studying and he moved to California shorty after, we began a long distance relationship, visited each other regularly (he met my parents while they were in Cali and I was there visiting them), spoke on the phone and texted daily, then he came to Australia while I was home for Christmas in December 2016, and I returned to the States in January 2017 on a tourist visa as I had finished my course and wanted to travel around the US a bit. He proposed to me, we got married here in Southern California, and I am still in my ESTA window and will be applying from here. We consulted a lawyer and he alerted us to the 60 day rule, so we got married after 60 days and I will be filing while still within the 90 day WVP.

 

 

 

I think you will be alright mate

I had a friend who did the same, only differences between your case and hers that she has kids before they got married and she didn't meet the guy in the US.

 

It doesn't matter I think, just when you do the interview - make sure you have all the required documents to prove to them that your relationship is true. I know some people who use B1/B2 and got married. Some got away with it, lucky them - it's unfair for the others who waited in the line. I guess it's fate & pure luck

 

If things go wrong, you just have to accept it. I wish you all the best. 

 

You'll be alright.

Edited March 30, 2017 by cookiesandlove

[ricnally 258]

You are in the U.S. Just stay and adjust status. Never mind the spousal visa. You did not have intent to marry and stay when you came in. It's all good.

[inloveVEN 46]

i dont know if the 30-60 days rule is a myth or it is true. in your case you crossed the border and got married and plan to file in less time than 60 days?. As i told you dont know if this is true or just a myth. my only advice is that you should try to remember all the questions the officer asked you in the airport and what you answered to that, as a way to avoid any risk related to immigration fraud. sorry to tell you that but the first time i ve heard about this rule was from a law firm here in Manhattan, New York advising a customer friend of mine,  in this case they got married 1 year before and she came for a visit and decided to start the process,

[JE57 239]

I have read your story hopefully as an objective observer....  I think you probably will not have a problem but there are some significant red flags in my mind the way you tell the story...

Here is what I see...  You have been dating for a year and in Dec of 2016 everything was serious enough that he flew to Australia to see you over Christmas and meet your family.  Shortly after you entered the USA and didn't mention that you had a BF in the USA for fear that they might not let you in.. Presumably you were concerned that if you mentioned your BF in the USA that they would be concerned that you might marry and adjust status and thus that they might (rightfully in that case) deny you entry... In my mind that fear and not mentioning your BF at the time does suggest that while maybe that wasn't your intent that the deception was because you considered it a possibility.   It seems  you justified in your mind not mentioning him.. so perhaps there is more to the story that things truly did change after you entered the USA such that you were not considering marrying and adjusting status.  You are married now.... Your choices are simple.   Attempt to adjust status or return to Australia and wait out the I130 with the possiblity of visiting while waiting.   I personally believe that there are risks in filing to adjust status under these circumstances...  I think if you go that route that you need to consider further why not mentioning a BF in the USA at POE would not be considered misrepresentation.