Utah Online Marraige (merged)

[Ontarkie 13,915]

~~Duplicate threads merged. Please do not start more than one thread for the same or similar topic~~

[blchaddy 15]

On 5/15/2022 at 12:07 PM, emilyneff said:

Thank you. The post i had been responding to really scared me so I appreciate you clarifying. 

You’re welcome! Yeah you definitely have the right for your spouse to adjust status once in the US, as long as you didn’t plan on it ahead of time. So as long as your intent was for him to go back home, you can certainly change your mind after he arrives .. It happens all the time. Just be truthful the the border and yourselves, as having the intention to do this ahead of time is what would be considered fraud. 

Definitely also be prepared mentally for the possibility that CBP can turn him away at PoE, even if he’s only coming for a short trip. As others have said, be sure he brings proof of ties to his home country. Hopefully he has lots of visits under his belt and no immigration issues and gets a nice officer so everything works out ok 😊

[Chancy 6,233]

On 5/15/2022 at 8:18 PM, emilyneff said:

I guess he is also here on holiday, I just don't want to be caught lying by omission - especially because we have a previous k-1 on file (it has been withdrawn). I've read before that people who do this (get married on a tourist visa) try to strategically get married toward the end of their stay so that it doesn't look intentional. It weighs on my conscious because we do have that intention.

 

Your spouse-to-be must answer CBP's questions truthfully, but no need to volunteer information that is not asked.  Be honest, yet concise.

 

On one of my tourist visits, the CBP officer asked my purpose of travel ("vacation") and who I'll be staying with ("my boyfriend").  Then he asked directly, "Are you going to get married?"  I answered truthfully, then I was sent to secondary interview.  The next officer asked about what I do back home, my then-boyfriend's job, and how we first met (that trip was not our first time meeting and also not my first US visit).  Thankfully, he admitted me in, even knowing that I was going to get married in the US.

 

We married within 1 month of my arrival, then I left as planned.  Months later, I returned to the US.  CBP's questions -- purpose of travel ("visit family"), who ("my husband"), is he a US citizen ("yes").  Stamped my passport for entry without any fuss, likely because I kept to the terms of my tourist visa in my previous visits.  I left on time again after that visit.  Over a year later, I returned to the US, this time with my spouse visa.

 

[emilyneff 2]

21 minutes ago, Chancy said:

 

Your spouse-to-be must answer CBP's questions truthfully, but no need to volunteer information that is not asked.  Be honest, yet concise.

 

On one of my tourist visits, the CBP officer asked my purpose of travel ("vacation") and who I'll be staying with ("my boyfriend").  Then he asked directly, "Are you going to get married?"  I answered truthfully, then I was sent to secondary interview.  The next officer asked about what I do back home, my then-boyfriend's job, and how we first met (that trip was not our first time meeting and also not my first US visit).  Thankfully, he admitted me in, even knowing that I was going to get married in the US.

 

We married within 1 month of my arrival, then I left as planned.  Months later, I returned to the US.  CBP's questions -- purpose of travel ("visit family"), who ("my husband"), is he a US citizen ("yes").  Stamped my passport for entry without any fuss, likely because I kept to the terms of my tourist visa in my previous visits.  I left on time again after that visit.  Over a year later, I returned to the US, this time with my spouse visa.

 

This is almost the exact same situation as my boyfriend and I. In my post that you're quoting, I think I got confused about getting married vs. getting married then immediately filing for adjustment of status. It sounds (from you and from other things I've since read) that as long as we make it clear he's not intending to stay and it's a legit relationship, they won't have a problem with him coming here to get married. 

 

I'm glad everything went smoothly for you guys and congrats on your spousal visa! I can only hope for the same for us. Your words make me feel a lot less panicked about this process. 
 

 

[Chancy 6,233]

39 minutes ago, emilyneff said:

It sounds (from you and from other things I've since read) that as long as we make it clear he's not intending to stay and it's a legit relationship, they won't have a problem with him coming here to get married. 

 

If he gets sent to secondary like I was, it would not be enough to say that he's not intending to stay.  CBP knows that people might change their mind after being admitted in.  What they need to determine is whether your boyfriend has strong enough ties to his home country to make it unlikely for him to overstay in the US.

 

In my case, when the topic came up, I was very adamant that I had no plan to stay and adjust status after my wedding.  Even so, the CBP officer still asked me extensively about my work back home.  I brought documents showing my ties to my home country, but the officer didn't ask to see them.  Maybe I have an honest face that my answers alone convinced them that I would leave on time.  On my next trip, I suppose my past travel history was enough to convince CBP that I would again leave the US as planned.

 

[emilyneff 2]

54 minutes ago, Chancy said:

 

If he gets sent to secondary like I was, it would not be enough to say that he's not intending to stay.  CBP knows that people might change their mind after being admitted in.  What they need to determine is whether your boyfriend has strong enough ties to his home country to make it unlikely for him to overstay in the US.

 

In my case, when the topic came up, I was very adamant that I had no plan to stay and adjust status after my wedding.  Even so, the CBP officer still asked me extensively about my work back home.  I brought documents showing my ties to my home country, but the officer didn't ask to see them.  Maybe I have an honest face that my answers alone convinced them that I would leave on time.  On my next trip, I suppose my past travel history was enough to convince CBP that I would again leave the US as planned.

 

Oh okay, it's good to know what exactly to expect! We proved it before on his last visit with no problems, so we'll reinforce what we have and get all our documents together just in case. My fiance has an honest face too, so we also have that lol

[pushbrk 12,106]

1 hour ago, emilyneff said:

Oh okay, it's good to know what exactly to expect! We proved it before on his last visit with no problems, so we'll reinforce what we have and get all our documents together just in case. My fiance has an honest face too, so we also have that lol

An easy to confidently explain and easy to believe explanation is more important than an hones face.