Jump to content
bambalam

How do you prove non-intent to marry?

 Share

94 posts in this topic

Recommended Posts

Filed: Timeline

Hi everyone,

I am new here, and I have read the guides about the CR-1, K-3 processes, and also the sortcuts guides. This forum has helped me more than anything else with all my questions. I hope I have put my question in the right place, but if not, please let me know!

My question is this: My boyfriend came to the US on a tourist visa (from the Netherlands). He quit his job before he left home, because his company is shutting his branch anyway and he wanted to stay in the US for 3 months to visit and see it for the first time. He's here and we've been talking about getting married. We want to just do a civil ceremony or maybe even go to Vegas for an Elvis wedding (I know, I'm crazy but I kind of like the idea). I would like for him to stay in the US with me while we file for his green card.

My understanding is that I'd either have to file for adjustment of status or file for a CR-1 for him. We have read about the penalties and we are scared about the requirement that we show we did not intend to get married when he came to America. How do we prove we didn't intend it? Will his residence permit be really hard to get because of how we got married? We are especially worried because he quit his job before he came here, and we don't want it to look wrong to the person reviewing our applications.

Because we're so worried about being accused of intending to marry from the start, and therefore being subjected to deportations or bans, we are wondering if it's better for us to just get married here and then when his tourist visa is up, he returns to NL to wait until it's accepted. If we did that, would that be legal? And during the time it was processing, could he come visit me again?

Thanks in advance for all your help!

Link to comment
Share on other sites

  • Replies 93
  • Created
  • Last Reply

Top Posters In This Topic

Hi everyone,

I am new here, and I have read the guides about the CR-1, K-3 processes, and also the sortcuts guides. This forum has helped me more than anything else with all my questions. I hope I have put my question in the right place, but if not, please let me know!

My question is this: My boyfriend came to the US on a tourist visa (from the Netherlands). He quit his job before he left home, because his company is shutting his branch anyway and he wanted to stay in the US for 3 months to visit and see it for the first time. He's here and we've been talking about getting married. We want to just do a civil ceremony or maybe even go to Vegas for an Elvis wedding (I know, I'm crazy but I kind of like the idea). I would like for him to stay in the US with me while we file for his green card.

My understanding is that I'd either have to file for adjustment of status or file for a CR-1 for him. We have read about the penalties and we are scared about the requirement that we show we did not intend to get married when he came to America. How do we prove we didn't intend it? Will his residence permit be really hard to get because of how we got married? We are especially worried because he quit his job before he came here, and we don't want it to look wrong to the person reviewing our applications.

Because we're so worried about being accused of intending to marry from the start, and therefore being subjected to deportations or bans, we are wondering if it's better for us to just get married here and then when his tourist visa is up, he returns to NL to wait until it's accepted. If we did that, would that be legal? And during the time it was processing, could he come visit me again?

Thanks in advance for all your help!

Your biggest problem will be to show he had no intentions of marrying you once he got to USA, but will be hard cause he quit his job before he came here, regardless even if his company was going to shut down or not. USCIS dont see it that way.

To USCIS quitting his job shows he has no reason to return home once it is time too.

USCIS may also see it as If company was going to close, why did you not just wait to visit USA. They can twist it as much as they want cause they have final word in the process of the visa.

You may have a hard time proving marriage was not in the picture when visitors visa was issued.

Best wishes.

Truly happy!!!

New life, new adventures, and a new attitude.

Link to comment
Share on other sites

If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Link to comment
Share on other sites

If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

Geez, if thats the case, whats the sence on filing properly? Everybody can say, Had no intentions of immigrating or marrying.

Truly happy!!!

New life, new adventures, and a new attitude.

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

Can you provide your source for that information please.

Link to comment
Share on other sites

Filed: Timeline
If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

Please provide source of this... it is pretty much at odds with what we are all familiar with.

Link to comment
Share on other sites

If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

Can you provide your source for that information please.

Look at the court rulings with regard to Adjustment of Status.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Link to comment
Share on other sites

If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

Can you provide your source for that information please.

Look at the court rulings with regard to Adjustment of Status.

Specific links please. You cant just blanket statement something. Please quote background and context as some of the information you have provided is directly at odds with USCIS issued information.

K1

PLEASE SEE MY TIMELINE FOR K1 INFORMATION

AOS complete!

08/21/2009 - AOS package sent

08/28/2009 - NOA 1 for AOS, EAD, AP

08/31/2009 - Cheque cashed

09/05/2009 - Biometrics notice received

09/23/2009 - Biometrics Appointment

09/23/2009 - I-485 Transferred to CSC

10/02/2009 - EAD Approved (card production) & AP approved!

10/11/2009 - EAD Card received

10/20/2009 - AOS approved, GC card production ordered! (53 days in total)

10/26/2009 - Green Card received - nearly 11 months to the day of our K1 NOA 1!

11/25/2009 - Started my new job!

02/26/2010 - Passed my driving test :-p

07/20/2011 - Eligible to remove conditions

2012 - Going for citizenship

09/20/2011 - Removal of conditions submitted to VSC....here we go...again!

It's been a quick and relatively painless journey thanks to tireless research, dumb luck and this community :)

DONE with USCIS for a while :)

mnb0ir.png

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Thailand
Timeline
If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

Can you provide your source for that information please.

Look at the court rulings with regard to Adjustment of Status.

What court rulings? Please cite your specific sources.

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

Geez, if thats the case, whats the sence on filing properly? Everybody can say, Had no intentions of immigrating or marrying.

shaw right if this was the case im a real idiot for waiting for csc to process our petition should have just had him come on a visa for medical something or other for his job :wacko:

sara

Link to comment
Share on other sites

john_and_marlene posts this (or similar) information all the time - the simple fact of the matter is, it is not always true, or in practice it doesn't always come out that way.

People (immediate family members of US Citizens) are indeed denied AOS - it can and does happen.

Proclaiming:

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.An immediate relative of a USC cannot be denied adjustment of status for overstaying.An immediate relative of a USC cannot be denied adjustment of status for working without authorization. doesn't make it so.
Link to comment
Share on other sites

Filed: Timeline
http://www.visajourney.com/forums/index.ph...mp;page=k1visit

A lot of helpful information on the link above...

Thank you very much. That was reassuring.

Does anyone know if my fiance comes to the US and we get married there, but he goes back home and doesn't overstay his tourist visa, is this a problem? I would prefer this because it seems applying for a CR-1 is easier/faster than applying for a fiance visa.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...