B2 Overstay and married a USC.

[David & Diana R 1,005]

23 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? 

 

It's funny how some people just can't handle good news.  Celebrate!  She doesn't have to go home and wait 10-18 months.

[David & Diana R 1,005]

4 hours 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.

How do you prove a negative anyway?

[EM_Vandaveer 2,369]

3 hours ago, Rusty72 said:

Until they close this loophole and you dupe them at the POE then it seems your good to go.

Happens all too much so you should be ok it seems.

 

 

 

 

It's   not a loophole. Unless there are other issues (bans due to prior overstay  or a criminal record), the immediate   relative of a USC will end up living in the US in posession of a GC. For this reason, USCIS decided not to waste resources trying to nitpick  and guess intent. Very wise, IMHO.

[FluffyBalls 52]

3 hours ago, Rusty72 said:

Until they close this loophole and you dupe them at the POE then it seems your good to go.

Happens all too much so you should be ok it seems.

 

 

 

 

How is this a "loophole"? The system was literally designed to allow AOS from a non-immigrant visa.

[VictoriaS208 177]

1 hour ago, David & Zoila said:

How do you prove a negative anyway?

Idk honestly lol.

 

That's what I been trying to figure out. What documents or evidence should be submitted to avoid AOS denial from USCIS.

 

USCIS would likely find “fraudulent intent” based on the 30/60/90 rule when the foreign national files an immigration petition or applies for an AOS after entry into the United States.

 

If files within:

 

30 days

USCIS would be believe visa was fraudulently obtained, and claim misrepresentation

 

60 days

USCIS could “POSSIBLY” view the change or adjustment but applicant must prove no “preconceived intent” to enter as a non-immigrant.

 

After 90 days

USCIS may not look upon the application negatively

[EM_Vandaveer 2,369]

47 minutes ago, mgsanch509 said:

Idk honestly lol.

 

That's what I been trying to figure out. What documents or evidence should be submitted to avoid AOS denial from USCIS.

 

USCIS would likely find “fraudulent intent” based on the 30/60/90 rule when the foreign national files an immigration petition or applies for an AOS after entry into the United States.

 

If files within:

 

30 days

USCIS would be believe visa was fraudulently obtained, and claim misrepresentation

 

60 days

USCIS could “POSSIBLY” view the change or adjustment but applicant must prove no “preconceived intent” to enter as a non-immigrant.

 

After 90 days

USCIS may not look upon the application negatively

30/60/90 is a Department of State "thing" while USCIS is part of the Department of Homeland Security. Different departments, different policies. I got married within 13 days of entering the US and was never questioned about intent. Please stop freaking out.

Edited October 11, 2018 by EM_Vandaveer

[VictoriaS208 177]

Just now, EM_Vandaveer said:

30/60/90 is a Department of State "thing" while USCIS is part of the Department of Homeland Security. Different departments, different policies. I got married within 13 days of entering the US and was never questioned about intent. Please stop fear mongering.

Oh ok jajaja.

 

Really, 13 days? Nice!!! 

 

I appreciate the help everyone has been giving me.

[Rusty72 68]

11 hours ago, FluffyBalls said:

How is this a "loophole"? The system was literally designed to allow AOS from a non-immigrant visa.

It's not the place to open that debate.