AOS after marriage on visitors visa

[Canuck Carrie 1]

Hi all,

I'm trying to get some good advice for a friend, they have a lawyer but something doesn't sound right to me.

They will be getting married in Toronto in July. Their lawyer says that she can visit her new husband after the marriage and do AOS on day 61 (without applying for a K3). This doesn't sound right and thought I'd check here.

I've also advised that they consult with a different attorney.

Thanks!

[raymaga 25]

If they marry in Canada, then they must apply for the K-3 Visa and after approval, she can move to the U.S. and apply for AOS.

I think somebody either gave the wrong information or the information was interpreted wrong.

Maybe another lawyer is the route to go.

Good luck.

[hcj 0]

IMHO that is unsound advice. What does her attorney recommend she say when the POE people ask if she is married? Where is her husband? Where does he live? Is he a USC? I would definitely seek a second opinion.

P.S. If her USC is currently living in Canada, they can DCF there. (DCF = direct consular filing -- filing I-130 for an immigrant visa directly with the US consulate abroad)

[Canuck Carrie 1]

He's a USC that lives in the States so they can't DCF once they get married.

My suggestion was they have a quickie marriage either in Canada or the USA to start the Visa ball rolling, she returns to Canada and they have their big shebang in July as planned in Toronto. Then if all goes well they will only have a few more weeks/months to wait for her Visa.

After the July marriage, I believe she was to go to Vegas with her sister so the entrance was 'personal vacation' and then travel down to the husband and then adjust on or after day 60.

Thank you, I will link them to this thread and suggest they sign up. If anyone else would like to chime in, please do so!

[zyggy 9]

He's a USC that lives in the States so they can't DCF once they get married.

My suggestion was they have a quickie marriage either in Canada or the USA to start the Visa ball rolling, she returns to Canada and they have their big shebang in July as planned in Toronto. Then if all goes well they will only have a few more weeks/months to wait for her Visa.

After the July marriage, I believe she was to go to Vegas with her sister so the entrance was 'personal vacation' and then travel down to the husband and then adjust on or after day 60.

Thank you, I will link them to this thread and suggest they sign up. If anyone else would like to chime in, please do so!

Adjusting status when one was married in the US on tourist status is possible...

Adjusting status when one was married outside the US and is in the US on tourist status subsequent to that marriage is a no no and is a recipe for disaster..

The fact that they're talking about it before they are married is evidence of immigrant intent.. therefore, they are ineligible for both..

Edited March 29, 2006 by zyggy

[ChristinaM 0]

That would be illegal

And it's one of the reasons that people who do AOS from visitor status get such a bad rap. [sigh] I wish lawyers wouldn't give that advice, it undermines the whole process.

Also, the 30/60 day rule is something of a myth. If you adjust on day 2 or day 82, you're still a tourist adjuster with the same burden of proof regarding intent on entry.

Zyggy, people can and do adjust from tourist status after they are married. But it's much harder to show that you had no intent to do so at the POE, and it's a riskier path that I (as a tourist adjuster!) would probably not recommend unless there was a huge change in circumstances.

Edited March 29, 2006 by clmarsh

[Cygnet 0]

My husband was told the same information as your friend, too. So, there are lawyers out there who will say this. Basically, they told him that I can come in as a visitor and after 60 days say that I've decided to stay in the U.S. (I think Canadians can visit up to 180 days). Of course, we didn't listen to the lawyer (and we're not using a lawyer). We decided to do it the normal way which is: after we got married in Montreal, we filed the I-130 and so on...

I was in the US for a visit right after we got married, but I'm back in Canada waiting for this process to be over.

[Autumnal 25]

The information isn't valid nor is it necessarily safe. Crossing the border, waiting x days and then arbitrarily marrying means that USCIS could ask questions they'd be under pressure to answer. Being already married, the Canadian could be asked at the border about things like where her husband is, proof she's returning home to Canada, etc. The process isn't without its risks.

Provided she can afford to be patient, then I recommend the K-visa route. They aren't slow and she can still try to visit although she can be denied at POE.

[chocolaterie 1]

I have known a Korean couple where the wife was married to a USC. She had a job and her own family in Korea. She went to visit her husband in the USA, and when she was there I guess she was fired from her job, and there was some big family trouble that happened. In the end they were able to do AOS even though she was married before entering. Of course, she did not have immigrant intent, which is very different from this scenario. I know this type of AOS is very rare, and probably not very successful. Your friend would fare better going the k route.

[dmartmar 1]

And it's one of the reasons that people who do AOS from visitor status get such a bad rap.

Same as the ones who do AOS from work or study status.

[diadromous mermaid 36]

Dmartmar's post could be taken to imply that adjusting status on a work based petition is not standard procedure. I beg to differ. Just clarifying.

[ChristinaM 0]

And it's one of the reasons that people who do AOS from visitor status get such a bad rap.

Same as the ones who do AOS from work or study status.

You're right, and that's a shame too. I think people who adjust from a work or study visa get less of it because they HAVE a visa. Such is life

[hcj 0]

And it's one of the reasons that people who do AOS from visitor status get such a bad rap.

Same as the ones who do AOS from work or study status.

You're right, and that's a shame too. I think people who adjust from a work or study visa get less of it because they HAVE a visa. Such is life

Dmartmar and CLMarsh, the most common "work visas" -- H-1B and L-1B -- are specifically dual-intent. That means it is perfectly legal for the visa holder to have immigrant intent. One can adjust from an H or L visa through sponsorship from their employer, or if they have a USC spouse, through their marriage. All of it is totally above-board.

[ChristinaM 0]

I'm not suggesting it's not legit, HCJ. I know it is dual intent on those ones. I was refering more to the J1's, P1's and F1's of the world

[hcj 0]

I'm not suggesting it's not legit, HCJ. I know it is dual intent on those ones. I was refering more to the J1's, P1's and F1's of the world

Sorry I misunderstood your meaning. I got confused somewhere there in the exchange between dmartmar and dmermaid.