Beginners here, we need help, we want to get married!

[NanMan 0]

Hi there! first of all, I wanted to thank you all for just taking the time to read our post, here is the situation:

I am Nicaraguan, but I have lived in Italy for about 7 years, there is where I call home and that is where me and my family resides. My fiancee is US Citizen.

I lived in US for about 2 years while on school. I met a girl there and we dated for about a year and a half. After I was done with my studies, we decided not to continue with the realtionship and pretty much take our own ways. I decided to come back to Nicaragua for a few months to work and get some experience before going back to Italy.

After 6 months of work in Nicaragua, I was ready to go back to Europe, however, I decided to take some good vacations (6 weeks) in US to see my friends from school one last time before flying overseas, travel all accross the US, make my big trip before moving back home and engaging into normal working-man life for the rest of my days.

I am currently 4 weeks into my stay here in US. But there has been some change of plans. Long story short, me and my fiancee met again, saw each other and after a few weeks, we have decided to get married. Now, I have a return ticket to Nicaragua in 2 weeks, and I also have a one way ticket from Nicaragua to Italy already bought, that I have obviously surrenderd because I will not use it. ($900 sent to the trash... )

Now here is the big question: Will we have any trouble in the interview (months down the road) about me adjusting my status from a Tourist Visa instead of having used a K1 Fiancee visa? I think I have enough proof to show that I did not come to the US with the intent to stay. Furthermore, my one way return ticket to Italy was not only because I was ready to go back home, but also because I had to renew my residency there before june 15th. If I didnt return to Italy by then, I would not be able to return home until my family from inside Italy request me and start some other long paperwork before I could go back home. So this I think is strong proof that I not only wanted to go back home but I also had to, in order to renew my residence. I also think that me surrendering to all that would also show the Immigration officer in the interview not only that I was definately intending to go back to Nicaragua and then to Italy, but also that our marriage is obviously for real.

Again I really appreciate all the help, suggestions or commentaries regarding this issue.

Thanks a lot in advance!!!

Nanman

[john_and_marlene 162]

I don't see any problem. No reason not to stay and adjust status.

[pushbrk 14,129]

I don't see any problem. No reason not to stay and adjust status.

I agree. You and your fiance can articulately explain this in any AOS interview. Marry, adjust status and live happily ever after.

[JVKn'CVO 11]

Welcome to VJ and congratulations on your engagement!

Adjusting status does sounds like the best option for you. Here's an abstract from the uscis web site

"Another option is if your fiancé(e) is already in the U.S. in another

lawful temporary status and you want to get married in the U.S.

While you may marry and file the I-130 for him/her, there may be

additional requirements that he/she will have to meet before being

able to adjust status to permanent residence in the U.S. For more

information about the I-130 relative petition for a spouse, please

see Fact Sheet A11."

Source: http://www.uscis.gov/files/article/A2.pdf

check the guides for AOS, and Good luck!

[eric_and_teresa 10]

I have 2 friends that got married on a turist visa and got their green cards with no problem! So I guess you could do it too.

Good luck!

[maya62 7]

I'd hold on to the travel documentation/tickets, too, as evidence you did not intend to stay to adjust... take them to your AOS interview. At least you'll get something for your $900!

Good luck!

Maya

[Dan J 277]

Based on what you wrote, you got engaged after you entered into the US. So filing to adjust status will be fine. But do keep all the documentation you have that you were planning to go back. This is the only opportunity you have to do it this way, leaving the country and then returning to get married and adjust would be fraud unless you entered on a K-1.

[NanMan 0]

Well, first of all, we would like to thank everybody for their suggestions and commentaries we really appreciate all of your help!

Now here is another big question: I have read around that if you happen to decide to marry while you are in US with a tourist visa, it looks very bad if you get married within 45 or 60 days of your stay. What I understood is that if you marry too soon it may look again like it was planned and raise som eyebrows from the INS officer at time of interview. This is not the case, but I wouldnt like for them to have anything to hold on to, to try to give me trouble. My concern is that my entire stay in US now, extends up to 6 weeks only (2 weeks to go...), I dont exceed the 60 day recomendation to get married. Is this actually true? would it look bad towards our interview if we marry before the 60 days? should I wait until the last days of my stay (or at least before the day of my return leg...) to get married? Will it make a difference? Any advises?

Sorry for shooting out all these questions at once. Again, thanks a bunch for your help!!

Cheers,

NanMan

[Thomas-n-Elena 0]

Truth is you never intended to overstay your visa but things changes you are here I would say get married before your visa is violated. The visa does not state that you have only 6 weeks and there are no provisions if you decided to stay longer. Put it this way what if you came here for a vacation and decided to stay another 4 weeks, you dont have to tell anyone as long as you dont overstay the visa. My advice take some time and make sure this is what you want to do, lots of thinking without emotion. Love is very strong but I believe that marriage is for life. Then by all means get married have a happy life and enjoy the hurry up and wait and you can join the rest of us in the AOS forum.

Good luck

[pushbrk 14,129]

Well, first of all, we would like to thank everybody for their suggestions and commentaries we really appreciate all of your help!

Now here is another big question: I have read around that if you happen to decide to marry while you are in US with a tourist visa, it looks very bad if you get married within 45 or 60 days of your stay. What I understood is that if you marry too soon it may look again like it was planned and raise som eyebrows from the INS officer at time of interview. This is not the case, but I wouldnt like for them to have anything to hold on to, to try to give me trouble. My concern is that my entire stay in US now, extends up to 6 weeks only (2 weeks to go...), I dont exceed the 60 day recomendation to get married. Is this actually true? would it look bad towards our interview if we marry before the 60 days? should I wait until the last days of my stay (or at least before the day of my return leg...) to get married? Will it make a difference? Any advises?

Sorry for shooting out all these questions at once. Again, thanks a bunch for your help!!

Cheers,

NanMan

Keep your evidence of travel plans, like your tickets etc. Be prepared to explain the sequence of events that led you to change your plans. They are going to ask. You have good answers. Live your life without fear. You're good to go.

[NanMan 0]

Well, first of all, we would like to thank everybody for their suggestions and commentaries we really appreciate all of your help!

Now here is another big question: I have read around that if you happen to decide to marry while you are in US with a tourist visa, it looks very bad if you get married within 45 or 60 days of your stay. What I understood is that if you marry too soon it may look again like it was planned and raise som eyebrows from the INS officer at time of interview. This is not the case, but I wouldnt like for them to have anything to hold on to, to try to give me trouble. My concern is that my entire stay in US now, extends up to 6 weeks only (2 weeks to go...), I dont exceed the 60 day recomendation to get married. Is this actually true? would it look bad towards our interview if we marry before the 60 days? should I wait until the last days of my stay (or at least before the day of my return leg...) to get married? Will it make a difference? Any advises?

Sorry for shooting out all these questions at once. Again, thanks a bunch for your help!!

Cheers,

NanMan

Keep your evidence of travel plans, like your tickets etc. Be prepared to explain the sequence of events that led you to change your plans. They are going to ask. You have good answers. Live your life without fear. You're good to go.

Thank you all for all your help. This is indeed a complicated process, I am new to all this! I just want to make sure I make every step right.

Again, thank you all for the help and support! I will definately sleep slightly better. Just to see other people help each other who once where in the same shoes that I am right now , its quite rewarding. Great Forum, keep it up!!!!

NanMan

[kitkat1 5]

Well, first of all, we would like to thank everybody for their suggestions and commentaries we really appreciate all of your help!

Now here is another big question: I have read around that if you happen to decide to marry while you are in US with a tourist visa, it looks very bad if you get married within 45 or 60 days of your stay. What I understood is that if you marry too soon it may look again like it was planned and raise som eyebrows from the INS officer at time of interview. This is not the case, but I wouldnt like for them to have anything to hold on to, to try to give me trouble. My concern is that my entire stay in US now, extends up to 6 weeks only (2 weeks to go...), I dont exceed the 60 day recomendation to get married. Is this actually true? would it look bad towards our interview if we marry before the 60 days? should I wait until the last days of my stay (or at least before the day of my return leg...) to get married? Will it make a difference? Any advises?

Sorry for shooting out all these questions at once. Again, thanks a bunch for your help!!

Cheers,

NanMan

Stick with the good advice you've gotten here. The 30-60-90 day rule is a myth perpetuated by lawyers. Don't worry about it, keep all your evidence and buena suerte!

[NanMan 0]

Well, first of all, we would like to thank everybody for their suggestions and commentaries we really appreciate all of your help!

Now here is another big question: I have read around that if you happen to decide to marry while you are in US with a tourist visa, it looks very bad if you get married within 45 or 60 days of your stay. What I understood is that if you marry too soon it may look again like it was planned and raise som eyebrows from the INS officer at time of interview. This is not the case, but I wouldnt like for them to have anything to hold on to, to try to give me trouble. My concern is that my entire stay in US now, extends up to 6 weeks only (2 weeks to go...), I dont exceed the 60 day recomendation to get married. Is this actually true? would it look bad towards our interview if we marry before the 60 days? should I wait until the last days of my stay (or at least before the day of my return leg...) to get married? Will it make a difference? Any advises?

Sorry for shooting out all these questions at once. Again, thanks a bunch for your help!!

Cheers,

NanMan

Stick with the good advice you've gotten here. The 30-60-90 day rule is a myth perpetuated by lawyers. Don't worry about it, keep all your evidence and buena suerte!

Muchas gracias!! Yeah, I've definately heard a lot of that 30-60-90 day rule... Just wasnt sure. Does anybody know form where does this myth came from?

Like you said, I will definately take the advise!

Thank you very much!

NanMan

[kitkat1 5]

Muchas gracias!! Yeah, I've definately heard a lot of that 30-60-90 day rule... Just wasnt sure. Does anybody know form where does this myth came from?

A few explanations here from well-respected and trusted posters on VJ:

http://www.visajourney.com/forums/index.ph...=42056&hl=#

Read Meauxna's post #6 in the thread

Some lawyers do still advise the 'wait 30 or 60 or 90 days before doing X' but you shouild understand that that is based on their personal idea of what is 'safe' and is not actually based on a law. Some people (including lawyers!) have misunderstood the paper that guideline was originally written for.

http://www.visajourney.com/forums/index.ph...49802&st=80

Read Boiler's post #111 in the thread

For the others who are wondering about this -- the "30/60" is an INTERNAL State Department guideline for determining when an "advisory" opinion is required to support a 212(a)(6)©(i) finding of misrepresentation made based upon conduct subsequent to an affirmative representation. It got taken out of context and blown up into a substantive "rule" -- which it is not.

However, it does pop up from time to time even from DHS officers and immigration attorneys who don't know better

Edited May 20, 2007 by kitkat1

[NanMan 0]

Great help! THank you very much!!

Has anybody else here applyed for AOS while on a BI\B2 Visa like our case? Or is everyone pretty much in by a K1\K3? Are we minority?

Cheers!

NanMan