Daisy.Chain

5 hours ago, Marco&Bettina said:

I've never heard of this 90 day rule.

Wait..Isn't the 90 day rule only for people without qualifying relatives? (I'm not sure on this.)

I vaguely remember it being the 30/60/90 day rule, and that it wouldn't affect a married couple. Anybody know for sure?

4 hours ago, Brit1 said:

You're posting so much misinformation. They do not have to convince USCIS of anything of the sort - CBP granted entry, and thus the OP showed no intent of marrying. Now, they just proceed like a normal AOS.

 

Seriously, people need to stop this labelling those who didn't use the K-1 process as "illegal". 

They will need to AOS like any others, then ROC. However, they may need to be more vigilant during ROC because of the unusually short time before the getting married on a whim. People adjust legally and without problem from tourist visas all the time, but those with unusual circumstances are more likely to be more closely investigated. Not misinformation : fact.

Just now, Transborderwife said:

If they're applying after two years of marriage they get a 10 year card and roc isn't needed.  

But if they just got married, as the OP said, then they will need to ROC -with evidence- as they haven't been married 2 years - is that right?

4 minutes ago, Transborderwife said:

Proof?

It happened to a friend of my husband'sof mine several years ago from the DR. They did not know about this case or website, and neither did I at the time.

If the OP were to bring the case with them, presumably it would work. I would recommend having both the case and the proof of married life as soon as possible, especially as the latter will be needed to ROC. 

Am I misunderstanding something here? Do tourist visas directly moving to AOS not have to remove conditions? Why would they not need to send proof of their married life together?

Just now, Transborderwife said:

They cannot deny based on intent.  

Seen it done in clear fraud cases.

1 minute ago, Transborderwife said:

OP does not have to do that as per matter of casavos and Batista which established that intent is not enough to deny aos

I have seen it come up before on administrative processing for AOS, whether it should or not. It would be wise to be prepared with evidence of married life during ROC especially.

3 minutes ago, Transborderwife said:

Intent is established upon entry.  No longer an issue.

During AOS they look at the whole history - if they decide someone tried to beat the system, they could very well deny AOS. It sounds like the OP has lots of proof of relationship, though.

2 hours ago, Ruka said:

Thank you very much!  

It's as I said above, we have discussed marriage before I came to visit him in the US but we never made any real/sure plans. It just happened. Right now I'm between staying here and filing AOS or returning to my home country and getting a Spouse Visa but I'm now leaning more on doing the former if there won't be any real problems doing it (like me being deported or something?).

As long as you can convince the USCIS people on your AOS that you had no plans to marry, then decided to marry on a whim and that you entered without prior plans of staying, then you should be OK.

Marriage FOR a permanent residency is of course fraud, as you clearly know.

2 hours ago, Transborderwife said:

False.  Many aos on a tourist visa without heavy scrutiny.  Intent no longer matters 

After a week? It seems hard to believe that a USCIS agent would go for not having an intent to marry. Good luck! Use lots of proof of relationship!

You married on a whim?

Are you going back to your country to apply for CR-1? If not, be prepared for especially heavy scrutiny from USCIS.

25 minutes ago, f f said:

yes he did a few days after my comment

Makes sense

On 1/11/2017 at 5:39 PM, f f said:

if he is Cuban just get him to the us boarder and he gets a green card on his own. look up wet foot dry foot policy for Cubans.

Didn't Obama just cancel that, effective last week?

Being (potentially) technologically possible is far from being probable, especially for large numbers of people. This is definitely specific to wealthier countries. Think of what we can do today, get the number of people who have little to no access to things the things the US had 100 years ago.

In the binder I put a clear plastic pencil pouch with a little notepad, pen, Kleenexes etc.

Yes, bring the binder, there are no metal detector issues to worry about in sdq. I brought two binders and the lady interviewing us  thanked me for being organized 

NO ONE can force you to divorce your wife. You promised to be together in the good and in the bad. She may legally divorce you, but not by threatening. Good luck - perhaps you can also her? There has to be someway to establish contact at least online. Don't give up on your marriage! Also, be aware that her parents' threats sound awful but have no legal background unless there is a lot you're not telling (is you HAVE been abusive). Even then, I believe there is a process. Good luck!

7 hours ago, EA & JL said:

Thank you. I will look into that for my state. He wants to change his current last name to his mother's maiden name (last name) because his biological father was never in his life. Hopefully it won't be a problem to change it since it is still his family's name. 

No problem - he will be able to change it to anything he wants!

I know of a few cases where the husband dropped his paternal last name just to make things easier inn the US.

On 12/15/2016 at 9:58 AM, MarkPerry said:

I suggest to have sex before making a visa committment. Sex is part of the relationship, just lake education level, family history, etc.

I had one girl I was about to put in K1 visa for, and chatted with her for 4 months before I ever met her. I was so sure she was the right one for me and I did love her.

Once I spent time and we had intimate time, I knew I could never marry her.

There's nothing wrong with marriage before sex. Our interviewer was an older, more conservative-looking lady. Be sure (OP) that both you and your fiance are on the same page, and be prepared to answer accordingly. Unless there is a red flag in your file, I doubt this would come up. Read the embassy reviews, too. They're very helpful.

11 hours ago, TouchNGo said:

My boyfriend and I were talking today and we are trying to decide what would be the easiest, fastest & cheapest way to do this.

We have been talking online for close to a year now and have yet to meet. I will be going to DR next month to finally see him face to face.

My question though is about bringing him here.  Should we just apply for a tourist visa for 6 months stay in the USA?

Or should we apply for the K-1 as we do plan on getting married. We feel comfortable to do it anytime now.

I know you have to get married within that 90 day stay but seeing other posts it looks like it could get denied and could take awhile

Whereas I havent really seen anything on denial of a Tourist Visa.  Just so he could come here for a bit too.

So again, my question is, to get him here would it be easier, faster & cheaper to go with the Tourist Visa or just go with the K-1 and see what happens.

 

 

Tourist visas are denied frequently, mostly because so many people try to use them for fraud (ie, planning to get married on one, as you mentioned, or not returning to the original country). This makes it harder for those of us trying to use them appropriately. If you do this and are approved and USCIS discovers your fraudulent intent, you risk deportation and incurring banns. Don't mess around with it! You would also need to prove strong ties to the home country and the burden of proof that he would need to return is on you. Single men are rarely granted, especially those with American girlfriends. He would apply on his own.

Be careful about making marriage plans with someone you haven't met in person, even more so if you've sent him money. Dominicans are known for calling in love with visas. Not alk - my husband turned out great, but do invest in a long trip to get to know him, his family, and his culture. It's worth it if you plan to stay married.

Once you've met him you will be eligible for a K1 fiancee visa, or if you marry there a CR-1. Good luck.

On 1/11/2017 at 5:32 PM, EA & JL said:

My fiancé wants to change his last name when he comes to the US. Is it possible for him to legally change his last name before we get married? Or, do we have to wait until we get married and change his last name while filing for the AOS?

How does this work?

It may depend on the state. In KS, on the marriage license the applicants can change their names to any name (shared or not).  My Dominican husband dropped his second last name. I would change it on the marriage license and that way you can avoid extra fees.

10 hours ago, IDWAF said:

I see what you did there...

4 hours ago, bcking said:

People use that argument for all sorts of things. Why does it matter if I burn fossil fuels? They fuels have already been collected and are waiting for me at the gas station. It's not like they aren't there if I don't show up. Why does it matter if I buy fur that was sourced unethically? The animal was already killed and the fur coat was already made whether I bought it or not.

 

Unfortunately the argument just isn't logical. While yes on that given day the judge/procesutors etc... will all still be working regardless, in the grand scheme of things if we have less cases, that would effect the number of staff required, the number of cases needed to go to a judge etc... It would reduce costs.

 

That being said, I think the better argument is the fact that prison for life can get very bloody expensive. Regardless of the extra "administrative costs", I have a hard time believing that those make up for a life sentence of say 60 years for a 20 something year old mass murderer. The life sentence would surely cost more.

 

As for the question of whether the victim's families should choose - I personally think yes, but I agree that logistically it just doesn't work. I would also say if I were a victim's family member I would want the killer to serve life in prison with no contact with the outside world (or as limited as possible) in maximum security with no option of parole. I want that even though I'm not related to a victim because I think it is a greater punishment.

 

Also, I personally see a distinction between a case that is fairly black and white, where someone was arrested at the scene of the crime, holding the gun, covered in blood, with eye witnesses compared to even a case of mass murder where the person was found weeks later. If you are caught in the act I don't really think you are "innocent until proven guilty". I know legally you still are, but I always find it crazy when I read news about an "alleged" killer who was caught at the scene carrying the assault rifle used to kill everyone.

I agree that the case was black and white.

5 hours ago, Russ&Caro said:

 

This would be pretty hard to do. They don't let people who don't have a ticket into the gate area at US airports and unless the departure airport is really small, you have no way to see if she gets on the plane. And, of course, if it's a small airport, chances are it doesn't have direct international flights.

 

The only conceivable way to do this is to buy yourself a cheapo ticket to somewhere that you don't intend to use to allow you into the gate area. Seems like a lot of hassle.

Technically, I believe most airports do allow a translator (is you) to go with someone with a low grasp of the English language. I've gone back with my husband and his mom and sister on several occasions - and a good thing, too, as it turned out. I just bring my id and ask permission to help out. It takes an extra 15 minutes near the baggage claim gate.

You will need the naturalization info.