Jump to content
mgsanch509

B2 Overstay and married a USC.

23 posts in this topic

Recommended Posts

So my sister got married on a tourist visa. She is from Mexico and have been in the USA twice. The first time she came to visit the the family which was last year, when she met a USC friend. She been talking to him for about 2 years now. She came to to the USA to see him and get to know him more with no intent to get married or anything.

 

The USC friend later decided to propose and get married after 90 days of her stay in the USA. They married shortly before her I90 permit expired. They are planning to file to I130 and AOS.

 

How can she prove there was no intent to get married, without getting viewed like preconceived intent and get approved for GC? How successful can the case be if she applies asap? Any cases where this has happened and got approved for AOS?

 

Please share your success stories. And what forms or evidence was provided to convince immigration.

 

THANKS


K-1 Fiancee Visa

11/10/16   I-129F Mailed to Lewisville TX Lockbox
11/14/16   I-129F Received date

11/16/16   NOA1 Date on Hard Copy

11/17/16   NOA1 Text & Email. Routed to CSC.
11/19/16   NOA1 Hard Copy Received

02/02/17   NOA2 Text and Email from USCIS
02/06/17   NOA2 Hard Copy Received 

02/15/17   NVC Received

02/16/17   NVC Processed & Case# Issued

02/27/17.  Ciudad Juarez Embassy Receive

03/04/17   Petitioner Receive- Embassy Welcome Letter

03/22/17   Beneficiary Receive- Embassy Welcome Letter

04/04/17.  NVC Letter (Mail)

04/05/17   Medical

04/06/17   ASC/Biometrics Appointment

04/07/17   Interview - APPROVED!!!

04/11/17   DHL tracking number  received  (Email)

04/27/17   Arrived at USA, Port of Entry-Portland Oregon

05/01/17   Applied for Social Security Card 

05/13/17   Social Security Card Received 

05/19/17.   Married!!!! 

 

 

Adjustment of Status

05/31/17.   AOS sent to Chicago IL

06/01/17   Chicago Lockbox Received

06/05/17   3 emails & 3 text received USCIS, I-485, I-131, & I-795

06/09/17   3 Paper NOA Received, I-485, I-131, & I-795

06/16/17   Biometric Letter Received

06/26/17   Biometric Appointment

07/19/17   USCIS email notification of Scheduled Interview

07/22/17   Paper NOA received for I-485 Interview

08/15/17   Interview 

08/15/17   Interview Approved

08/15/17   USCIS Email & text notice-Green Card in production

08/17/17. USCIS Email & text- GC mailed. Yayy!!!

08/19/17.  NOA hardcopy received- AOS approved!

 

 

Share this post


Link to post
Share on other sites
9 minutes ago, Going through said:

She doesn't have to prove anything.  Intent is determined at the border, and POE already considered her having no preconceived intent to immigrate.

 

Quite a lot of members have adjusted status after entering with a tourist visa with no preconceived intent.

But wouldnt that be misrepresentation of the tourist visa, even if no intent was observed at POE?  If she entered with the intent to visit then she got married on her second tourist visa visit, wouldnt immigration need proof that she didnt lie at POE and believe she entered with the intent to marry later? 

 


K-1 Fiancee Visa

11/10/16   I-129F Mailed to Lewisville TX Lockbox
11/14/16   I-129F Received date

11/16/16   NOA1 Date on Hard Copy

11/17/16   NOA1 Text & Email. Routed to CSC.
11/19/16   NOA1 Hard Copy Received

02/02/17   NOA2 Text and Email from USCIS
02/06/17   NOA2 Hard Copy Received 

02/15/17   NVC Received

02/16/17   NVC Processed & Case# Issued

02/27/17.  Ciudad Juarez Embassy Receive

03/04/17   Petitioner Receive- Embassy Welcome Letter

03/22/17   Beneficiary Receive- Embassy Welcome Letter

04/04/17.  NVC Letter (Mail)

04/05/17   Medical

04/06/17   ASC/Biometrics Appointment

04/07/17   Interview - APPROVED!!!

04/11/17   DHL tracking number  received  (Email)

04/27/17   Arrived at USA, Port of Entry-Portland Oregon

05/01/17   Applied for Social Security Card 

05/13/17   Social Security Card Received 

05/19/17.   Married!!!! 

 

 

Adjustment of Status

05/31/17.   AOS sent to Chicago IL

06/01/17   Chicago Lockbox Received

06/05/17   3 emails & 3 text received USCIS, I-485, I-131, & I-795

06/09/17   3 Paper NOA Received, I-485, I-131, & I-795

06/16/17   Biometric Letter Received

06/26/17   Biometric Appointment

07/19/17   USCIS email notification of Scheduled Interview

07/22/17   Paper NOA received for I-485 Interview

08/15/17   Interview 

08/15/17   Interview Approved

08/15/17   USCIS Email & text notice-Green Card in production

08/17/17. USCIS Email & text- GC mailed. Yayy!!!

08/19/17.  NOA hardcopy received- AOS approved!

 

 

Share this post


Link to post
Share on other sites
7 minutes ago, mgsanch509 said:

But wouldnt that be misrepresentation of the tourist visa, even if no intent was observed at POE?  If she entered with the intent to visit then she got married on her second tourist visa visit, wouldnt immigration need proof that she didnt lie at POE and believe she entered with the intent to marry later? 

 

No


“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.”

Share this post


Link to post
Share on other sites
1 hour ago, mgsanch509 said:

But wouldnt that be misrepresentation of the tourist visa, even if no intent was observed at POE? 

No.  She didn't misuse the tourist visa---she (according to your original post) crossed the border as a tourist with the intent of remaining a tourist during her stay and returning to her home country afterwards.  She ended up getting married and is eligible to legally adjust status from within the US.  When she reaches the AOS interview stage, the IO may ask her to verify how she crossed the border (ie.  what type of visa), but the IO is not going to ask her/you to provide any proof that there was no preconceived intent to stay and adjust status----as the IO also knows intent is determined at the border.

 

 

1 hour ago, mgsanch509 said:

If she entered with the intent to visit then she got married on her second tourist visa visit, wouldnt immigration need proof that she didnt lie at POE and believe she entered with the intent to marry later? 

Again, as I mentioned earlier, no.

 

 

 

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

Share this post


Link to post
Share on other sites
45 minutes ago, Going through said:

No.  She didn't misuse the tourist visa---she (according to your original post) crossed the border as a tourist with the intent of remaining a tourist during her stay and returning to her home country afterwards.  She ended up getting married and is eligible to legally adjust status from within the US.  When she reaches the AOS interview stage, the IO may ask her to verify how she crossed the border (ie.  what type of visa), but the IO is not going to ask her/you to provide any proof that there was no preconceived intent to stay and adjust status----as the IO also knows intent is determined at the border.

 

 

Again, as I mentioned earlier, no.

 

 

 

Thank you!!! I appreciate taking your time to reply! This makes much more sense! :)


K-1 Fiancee Visa

11/10/16   I-129F Mailed to Lewisville TX Lockbox
11/14/16   I-129F Received date

11/16/16   NOA1 Date on Hard Copy

11/17/16   NOA1 Text & Email. Routed to CSC.
11/19/16   NOA1 Hard Copy Received

02/02/17   NOA2 Text and Email from USCIS
02/06/17   NOA2 Hard Copy Received 

02/15/17   NVC Received

02/16/17   NVC Processed & Case# Issued

02/27/17.  Ciudad Juarez Embassy Receive

03/04/17   Petitioner Receive- Embassy Welcome Letter

03/22/17   Beneficiary Receive- Embassy Welcome Letter

04/04/17.  NVC Letter (Mail)

04/05/17   Medical

04/06/17   ASC/Biometrics Appointment

04/07/17   Interview - APPROVED!!!

04/11/17   DHL tracking number  received  (Email)

04/27/17   Arrived at USA, Port of Entry-Portland Oregon

05/01/17   Applied for Social Security Card 

05/13/17   Social Security Card Received 

05/19/17.   Married!!!! 

 

 

Adjustment of Status

05/31/17.   AOS sent to Chicago IL

06/01/17   Chicago Lockbox Received

06/05/17   3 emails & 3 text received USCIS, I-485, I-131, & I-795

06/09/17   3 Paper NOA Received, I-485, I-131, & I-795

06/16/17   Biometric Letter Received

06/26/17   Biometric Appointment

07/19/17   USCIS email notification of Scheduled Interview

07/22/17   Paper NOA received for I-485 Interview

08/15/17   Interview 

08/15/17   Interview Approved

08/15/17   USCIS Email & text notice-Green Card in production

08/17/17. USCIS Email & text- GC mailed. Yayy!!!

08/19/17.  NOA hardcopy received- AOS approved!

 

 

Share this post


Link to post
Share on other sites

Our attorney told us that in the hundreds of interviews she attended, intent was rarely brought up. And the few times it happened it was usually more of "you decided to marry after entering, right?" Legitimacy of the marriage is their biggest concern. I have yet to find a verified case where an AOS was denied due to intent, although there were denials for other reasons.

 

USCIS deals with impostors, people with criminal records, frivolous filings (to gain legal time in the US), "couples" that don't know each others last names, etc. intent is pretty low on their priority list. Our attorney also mentioned that it's actually pretty hard to deny someone (requires lots of evidence, multiple supervisor sign offs, potentials for appeals etc.), so unless it's a slam dunk, they're not going to hassle a legitimate couple over potential intent issues. Again, our attorney's words, not mine.

 

I mean, how do you even prove intent? Mind reading? Lie detector test?

Edited by FluffyBalls

Share this post


Link to post
Share on other sites
19 hours ago, mgsanch509 said:

But wouldnt that be misrepresentation of the tourist visa, even if no intent was observed at POE?  If she entered with the intent to visit then she got married on her second tourist visa visit, wouldnt immigration need proof that she didnt lie at POE and believe she entered with the intent to marry later? 

 

No. It does not matter. Even if she DID have intent, it's USCIS' own policy NOT to deny based solely on intent, an AOS application of an immediate relative of a USC.

Edited by EM_Vandaveer

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!

Share this post


Link to post
Share on other sites
2 minutes ago, EM_Vandaveer said:

No. It does not matter. Even if she DID have intent, it's USCIS' own policy NOT to deny based solely on intent, an AOS application pf an immediate relative of a USC.

Perfect thank you so much! We have been hearing so many scary stories from people and online and even attorneys, who tell us to be careful and submit substantial evidence to prove there was no preconceive intent or misrepresentation of tourist visa.

Edited by mgsanch509

K-1 Fiancee Visa

11/10/16   I-129F Mailed to Lewisville TX Lockbox
11/14/16   I-129F Received date

11/16/16   NOA1 Date on Hard Copy

11/17/16   NOA1 Text & Email. Routed to CSC.
11/19/16   NOA1 Hard Copy Received

02/02/17   NOA2 Text and Email from USCIS
02/06/17   NOA2 Hard Copy Received 

02/15/17   NVC Received

02/16/17   NVC Processed & Case# Issued

02/27/17.  Ciudad Juarez Embassy Receive

03/04/17   Petitioner Receive- Embassy Welcome Letter

03/22/17   Beneficiary Receive- Embassy Welcome Letter

04/04/17.  NVC Letter (Mail)

04/05/17   Medical

04/06/17   ASC/Biometrics Appointment

04/07/17   Interview - APPROVED!!!

04/11/17   DHL tracking number  received  (Email)

04/27/17   Arrived at USA, Port of Entry-Portland Oregon

05/01/17   Applied for Social Security Card 

05/13/17   Social Security Card Received 

05/19/17.   Married!!!! 

 

 

Adjustment of Status

05/31/17.   AOS sent to Chicago IL

06/01/17   Chicago Lockbox Received

06/05/17   3 emails & 3 text received USCIS, I-485, I-131, & I-795

06/09/17   3 Paper NOA Received, I-485, I-131, & I-795

06/16/17   Biometric Letter Received

06/26/17   Biometric Appointment

07/19/17   USCIS email notification of Scheduled Interview

07/22/17   Paper NOA received for I-485 Interview

08/15/17   Interview 

08/15/17   Interview Approved

08/15/17   USCIS Email & text notice-Green Card in production

08/17/17. USCIS Email & text- GC mailed. Yayy!!!

08/19/17.  NOA hardcopy received- AOS approved!

 

 

Share this post


Link to post
Share on other sites
4 minutes ago, mgsanch509 said:

Perfect thank you so much! We have been hearing so many scary stories from people and online and even attorneys, who tell us to be careful and submit substantial evidence to prove there was no preconceive intent or misrepresentation of tourist visa.

Seems a lot of Lawyers who do not understand the basics, worrying.


“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.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×