Getting married in USA and then trying to stay

[Ash900 0]

Hi Guys, I was just wondering something, if I was a UK citizen engaged to a US cititzen but hadn't put in for the fiance visa yet and then after visiting my fiance and then went back to the UK and then decided to go back to the usa and just get married on my visitors visa, would I be able to apply for AOS and actually pass?

Sorry if this is in the wrong area.

[Kathryn41 3,205]

Unfortunately, what you suggest - entering the US on a visitor's visa with the intention of getting married and remaining in the US to adjust status - is illegal and considered visa fraud. You are allowed to enter the US with the intention of marrying - but not of staying. After getting married, you are required to return to your home country and apply for either a K-3 or CR-1 visa that will allow you to enter the US and obtain a green card as a permanent resident.

If you entered the US with no intention of getting married and decided while here to get married, you are allowed to apply for AOS without leaving the US. It is the intention that is important.

[zqt3344 21]

Unfortunately, what you suggest - entering the US on a visitor's visa with the intention of getting married and remaining in the US to adjust status - is illegal and considered visa fraud. You are allowed to enter the US with the intention of marrying - but not of staying. After getting married, you are required to return to your home country and apply for either a K-3 or CR-1 visa that will allow you to enter the US and obtain a green card as a permanent resident.

If you entered the US with no intention of getting married and decided while here to get married, you are allowed to apply for AOS without leaving the US. It is the intention that is important.

Kathryn41: You are right, well stated!

[Ash900 0]

Unfortunately, what you suggest - entering the US on a visitor's visa with the intention of getting married and remaining in the US to adjust status - is illegal and considered visa fraud. You are allowed to enter the US with the intention of marrying - but not of staying. After getting married, you are required to return to your home country and apply for either a K-3 or CR-1 visa that will allow you to enter the US and obtain a green card as a permanent resident.

If you entered the US with no intention of getting married and decided while here to get married, you are allowed to apply for AOS without leaving the US. It is the intention that is important.

So how do they find out your intentions? Do a lot of people fail their AOS for this?

[~Nini~ 2]

It's not so much that they find out your intentions, but that the burden of proof rests on you to prove at your AOS interview that there was no intent to marry when you came into the US.

[Chica Yeyé 41]

It's not so much that they find out your intentions, but that the burden of proof rests on you to prove at your AOS interview that there was no intent to marry when you came into the US.

Agreed; and this burden of proof can be / is harsh. Don't risk a denial!

[athena_ny 1]

Unfortunately, what you suggest - entering the US on a visitor's visa with the intention of getting married and remaining in the US to adjust status - is illegal and considered visa fraud. You are allowed to enter the US with the intention of marrying - but not of staying. After getting married, you are required to return to your home country and apply for either a K-3 or CR-1 visa that will allow you to enter the US and obtain a green card as a permanent resident.

If you entered the US with no intention of getting married and decided while here to get married, you are allowed to apply for AOS without leaving the US. It is the intention that is important.

So how do they find out your intentions? Do a lot of people fail their AOS for this?

You have to show them your intentions.

And as you've already posted on the internet that this is a thought in your mind, there's intent.

As to how to find out how to prove you didn't plan it? That, you'll need to find out on your own, VJ isn't known for assisting people to defraud the government.

If you want to stay, you need to file a K1.

[Ash900 0]

Unfortunately, what you suggest - entering the US on a visitor's visa with the intention of getting married and remaining in the US to adjust status - is illegal and considered visa fraud. You are allowed to enter the US with the intention of marrying - but not of staying. After getting married, you are required to return to your home country and apply for either a K-3 or CR-1 visa that will allow you to enter the US and obtain a green card as a permanent resident.

If you entered the US with no intention of getting married and decided while here to get married, you are allowed to apply for AOS without leaving the US. It is the intention that is important.

So how do they find out your intentions? Do a lot of people fail their AOS for this?

You have to show them your intentions.

And as you've already posted on the internet that this is a thought in your mind, there's intent.

As to how to find out how to prove you didn't plan it? That, you'll need to find out on your own, VJ isn't known for assisting people to defraud the government.

If you want to stay, you need to file a K1.

Let me just take this time to say this is NOT me. Lol I am american and my husband is legally here on a spousal visa, WE went thru the process. But I know someone that wants to do just this and won't listen to me when I tell him he can't. He said UCSIS told them he could. I can't imagine they did.

[Chica Yeyé 41]

You can always tell your friend to join VJ and explore his options. As it stands, it's likely he will encounter problems.

[Alt name 1]

Well, it's pretty obvious. You enter on your tourist visa, you get a stamp, then you get married before your stamp expires, then you and your spouse file I130/AOS for you. Even the dimmer government employees can do basic math. It's quite obvious and the burden of proof is on you, you have to convince them that you didn't intend to get married while you were over here. One british idiot even entered on a one-way ticket, was turned away, married a month later in Canada, and is trying to get a waiver to now allow him to live here despite his well-earned ban. He's posting complaints all over this site because they're denying his visa now.

Don't you follow laws in Britain? Ours say, file a petition, wait patiently, and when your petition is approved you get a K1, K3, or IR1 visa and you can enter the country to live happily ever after.

It was stated earlier that this is not a forum for ways to get around US immigration law. It is occasionally done, but AOS is where you have to explain and convince the officer that you had no intention to shortcut the law because you were too smart or too impatient to follow it. Good luck if you try tho. I really wish you the best dude.

Unfortunately, what you suggest - entering the US on a visitor's visa with the intention of getting married and remaining in the US to adjust status - is illegal and considered visa fraud. You are allowed to enter the US with the intention of marrying - but not of staying. After getting married, you are required to return to your home country and apply for either a K-3 or CR-1 visa that will allow you to enter the US and obtain a green card as a permanent resident.

If you entered the US with no intention of getting married and decided while here to get married, you are allowed to apply for AOS without leaving the US. It is the intention that is important.

So how do they find out your intentions? Do a lot of people fail their AOS for this?

[zqt3344 21]

WELL SAID AND RIGHT ON!

Well, it's pretty obvious. You enter on your tourist visa, you get a stamp, then you get married before your stamp expires, then you and your spouse file I130/AOS for you. Even the dimmer government employees can do basic math. It's quite obvious and the burden of proof is on you, you have to convince them that you didn't intend to get married while you were over here. One british idiot even entered on a one-way ticket, was turned away, married a month later in Canada, and is trying to get a waiver to now allow him to live here despite his well-earned ban. He's posting complaints all over this site because they're denying his visa now.

Don't you follow laws in Britain? Ours say, file a petition, wait patiently, and when your petition is approved you get a K1, K3, or IR1 visa and you can enter the country to live happily ever after.

It was stated earlier that this is not a forum for ways to get around US immigration law. It is occasionally done, but AOS is where you have to explain and convince the officer that you had no intention to shortcut the law because you were too smart or too impatient to follow it. Good luck if you try tho. I really wish you the best dude.

Unfortunately, what you suggest - entering the US on a visitor's visa with the intention of getting married and remaining in the US to adjust status - is illegal and considered visa fraud. You are allowed to enter the US with the intention of marrying - but not of staying. After getting married, you are required to return to your home country and apply for either a K-3 or CR-1 visa that will allow you to enter the US and obtain a green card as a permanent resident.

If you entered the US with no intention of getting married and decided while here to get married, you are allowed to apply for AOS without leaving the US. It is the intention that is important.

So how do they find out your intentions? Do a lot of people fail their AOS for this?

[Krikit 1,163]

WELL SAID AND RIGHT ON!

Actually, it was very rude. The OP clearly wrote....

Let me just take this time to say this is NOT me. Lol I am american and my husband is legally here on a spousal visa, WE went thru the process. But I know someone that wants to do just this and won't listen to me when I tell him he can't. He said UCSIS told them he could. I can't imagine they did.

[athena_ny 1]

WELL SAID AND RIGHT ON!

Actually, it was very rude. The OP clearly wrote....

Let me just take this time to say this is NOT me. Lol I am american and my husband is legally here on a spousal visa, WE went thru the process. But I know someone that wants to do just this and won't listen to me when I tell him he can't. He said UCSIS told them he could. I can't imagine they did.

[athena_ny 1]

Unfortunately, what you suggest - entering the US on a visitor's visa with the intention of getting married and remaining in the US to adjust status - is illegal and considered visa fraud. You are allowed to enter the US with the intention of marrying - but not of staying. After getting married, you are required to return to your home country and apply for either a K-3 or CR-1 visa that will allow you to enter the US and obtain a green card as a permanent resident.

If you entered the US with no intention of getting married and decided while here to get married, you are allowed to apply for AOS without leaving the US. It is the intention that is important.

So how do they find out your intentions? Do a lot of people fail their AOS for this?

You have to show them your intentions.

And as you've already posted on the internet that this is a thought in your mind, there's intent.

As to how to find out how to prove you didn't plan it? That, you'll need to find out on your own, VJ isn't known for assisting people to defraud the government.

If you want to stay, you need to file a K1.

Let me just take this time to say this is NOT me. Lol I am american and my husband is legally here on a spousal visa, WE went thru the process. But I know someone that wants to do just this and won't listen to me when I tell him he can't. He said UCSIS told them he could. I can't imagine they did.

No disrespect meant while I'll defend tourist visa/vwp/student/etc adjustments always, if there's no intent, when there's obvious intent I can't in good conscience say, "Do x so they don't find out."

And I highly doubt USCIS said for him to go ahead and come over and file AOS

[sereia 0]

although it is illegal....i do know someone who came here (not sure if it was purposely to get married or not) but he did, and they got married, and he hasn't left and was approved for AOS without problems.