two years?

[meauxna 15]

geeez, if he's here now....

Well, I might visit a *different* government office than the CIS....

[meowgirl 0]

geeez, if he's here now....

Well, I might visit a *different* government office than the CIS....

are you thinking of a civil marriage, meauxna?

Edited May 8, 2007 by meowgirl

[no name 1]

geeez, if he's here now....

Well, I might visit a *different* government office than the CIS....

are you thinking of a civil marriage, meauxna?

But you do have a petition in the p;rocess, kinda hard to prove no intent.....

[TimsDaisy 0]

Not necessarily. Because the visa app was in progress, why would the entry intend to skirt that? They may have formed the intent now - in the face of this problem - but they weren't planning on doing anything other than the K1 route until this RFE development. At least that's what I take from the OP's comments so far.

Don't think it's open and shut.

[no name 1]

Not necessarily. Because the visa app was in progress, why would the entry intend to skirt that? They may have formed the intent now - in the face of this problem - but they weren't planning on doing anything other than the K1 route until this RFE development. At least that's what I take from the OP's comments so far.

Don't think it's open and shut.

Well the OP applied Jan 31 & the fiance is here now on a tourist visa.

Edit: OP said in another post:

Meowboy is here visiting me. He arrived April 3 and his POE was LAX

that's post-application when he entered the US...therefore, intent has already been established.

Edited May 9, 2007 by devilette

[msu17 0]

Good luck with the appt, let us know how it goes! If I were you, I'd definitly submit the evidence of him being here now. You never know, they might be nice And follow Timsdaisy's advice, advocate the heck out of your petition. Good luck!

[kitkat1 5]

Not necessarily. Because the visa app was in progress, why would the entry intend to skirt that? They may have formed the intent now - in the face of this problem - but they weren't planning on doing anything other than the K1 route until this RFE development. At least that's what I take from the OP's comments so far.

Don't think it's open and shut.

Well the OP applied Jan 31 & the fiance is here now on a tourist visa.

Edit: OP said in another post:

Meowboy is here visiting me. He arrived April 3 and his POE was LAX

that's post-application when he entered the US...therefore, intent has already been established.

Intent to marry in general has been established. But his intent when he entered the POE wasn't to marry in the US and immigrate - just to visit.

Right?

Who knows - it could be a very sticky situation but then again they could succeed.

(Hi D!)

Edited May 9, 2007 by kitkat1

[no name 1]

Intent to marry in general has been established. But his intent when he entered the POE wasn't to marry in the US and immigrate - just to visit.

Right?

Who knows - it could be a very sticky situation but then again they could succeed.

(Hi D!)

I'm curious what will happen at the infopass appt tmrow! I can't figure out if they ask the immigration official about the whole idea of deciding to get married RIGHT NOW...if it is then intent?

Hi KK! Love ya.

Edited May 9, 2007 by devilette

[kitkat1 5]

I'm curious what will happen at the infopass appt tmrow! I can't figure out if they ask the immigration official about the whole idea of deciding to get married RIGHT NOW...if it is then intent?

But at this point, would it matter? He has already been through the POE and already established his "non-intent". Like someone else posted, they didn't even think about it (or maybe aren't even thinking about it now!) until the RFE came. . .

[ladykelia 0]

Not necessarily. Because the visa app was in progress, why would the entry intend to skirt that? They may have formed the intent now - in the face of this problem - but they weren't planning on doing anything other than the K1 route until this RFE development. At least that's what I take from the OP's comments so far.

Don't think it's open and shut.

Well the OP applied Jan 31 & the fiance is here now on a tourist visa.

Edit: OP said in another post:

Meowboy is here visiting me. He arrived April 3 and his POE was LAX

that's post-application when he entered the US...therefore, intent has already been established.

Intent to marry in general has been established. But his intent when he entered the POE wasn't to marry in the US and immigrate - just to visit.

Right?

Who knows - it could be a very sticky situation but then again they could succeed.

(Hi D!)

It could work, but I would personally get a good lawyer handy for this one. First of all, it would be difficult to prove that they didn't have the intent to marry when he came to the country. Secondly it'd be a bit of a loophole to the ambiguous language of the law, and they may not take kindly to it. They don't want the US government to think they are frauding them. Be very careful if you decide to take this approach, meowpeople.

[meowgirl 0]

TimsDaisy's right. The purpose of this current visit is just to spend time with each other. The only reason anything other than the K1 route crossed my mind is because another poster brought it up.

[TimsDaisy 0]

TimsDaisy's right. The purpose of this current visit is just to spend time with each other. The only reason anything other than the K1 route crossed my mind is because another poster brought it up.

I think you *might* be able to marry now and adjust status. I'm not recommending it, I'm just saying what *might* be legally possible given the information you've provided us here. And forumalting the intent AFTER he entered, doesn't alter history and impute intent upon entry - though, as mentioned above, you would need to be able to explain yourselves later.

I'm not sure about inquiring about this at the infopass appointment. It still wouldn't/shouldn't impute intent pack to the point of meowboy's entry - but, worst case scenario, DHS has a nifty ability to do pretty much a lot of things however it wants with little recourse to the victims. Er, customers? Er, non-Americans?

On the upside, since he's IN the US now, he would have more rights to protest actions against him (you both) than if he were, say, sitting in an interview room at the POE.

Also - and someone chime in on my thinking here, but:

It's never illegal to just get married here. The potential illegalities and problems later crop up because people STAY here too long. He's got a departure date stamped in his passport already. And as of now, worst-case - you have to start the K1 all over again, right? So what if you married, petitioned to adjust status (the act of which keeps you IN status until you get an answer) and then, if they say no, then he goes home and you refile a K3 and do things the proper way. I don't believe (And this is where others with more knowledge can clarify - if they have KNOWLEDGE, not guesses, I mean) that if you did everything legal, but were denied adjustment, that you would necessarily face a ban, because you would not have been illegally present since you were going through all the legal processes.

Does that make any sense?

And perhaps you marry now, adjust, that gets approved, and you're okay.

[meauxna 15]

I'm curious what will happen at the infopass appt tmrow! I can't figure out if they ask the immigration official about the whole idea of deciding to get married RIGHT NOW...if it is then intent?

But at this point, would it matter? He has already been through the POE and already established his "non-intent". Like someone else posted, they didn't even think about it (or maybe aren't even thinking about it now!) until the RFE came. . .

Exactly.

I think there is a lot of misunderstanding posted here regarding 'intent to immigrate' and when it becomes an issue.

To answer you meowgirl, yes, that is the office I would think of visiting.

[TimsDaisy 0]

IF you could assure yourself through research that you would face no ban or greater legal hurdle later on: if it becomes a situation where you have to start a k1 over again, you may as well marry and check out the AOS route. he has a departure date and was planning on leaving and can still leave that day anyway.

meauxna has the right idea, i think.

(lots of meow, meaux stuff in this thread, i keep mis-typing things!)

[rebeccajo 14]

There have been people who married on a visit and successfuly adjusted PLUS had a K1 pending when they entered. It's sure not unheard of.