Getting married in the States on a visit visa

[JimS.]

I have a friend that is in America on a visit visa. She just had someone she has been friends with for a long time ask her to marry him. This was not planned and she had no idea he felt that way about her.

But can they marry and change her status on her visa since she is already in the States?

Or would she have to return to China and start the paperwork there???

 

 

Thank for all your help.

[dnoblett]

Yes it does happen and many do file to adjust status, it involves filing I-130 and I-485 together.

 

However there is a risk the interview may try to determine intent when using visit visa to enter the USA, will have to show that the use of B visa was to visit and not immigrate. The interview can result in a denial, if interviewing officer is not convinced that the intent was not to immigrate.

 

Also having a relationship for some time before visiting wont help much either, it just looks like the intent was to immigrate, and use the B visa as a shortcut to avoid filing a petition for a K1.

 

One more thing I have seen before, sometimes the officer at the POE asks a few questions and explains that B visa is not for immigrations, and has visitor sign a form waiving AOS ability, and notes this on the I-94 card. This is then used at AOS interview to deny.

 

One other thing that can cause issues, some states require a SSN from both parties applying for a marriage license, K1 can get a SSN, a B2 cannot.

 

Student and work visas are easy when it comes to intent when coming to the USA, visit visas are trickier. All a Student or Worker needs to show is work and schooling was the intent when coming here, and found someone.

 

Lastly there is nothing stopping a marriage, can always marry and then file a spouse visa petition and return to China and wait for visa interview.

Edited November 1, 2011 by dnoblett (see edit history)

[warpedbored]

It's all about intent. If she came into the country with no intent to immigrate and once here fell in love and decided to marry that is perfectly legal. As Dan pointed out adjusting status on that basis is not without risk. Most likely she won't have any problem but there is risk.

I have a friend that is in America on a visit visa. She just had someone she has been friends with for a long time ask her to marry him. This was not planned and she had no idea he felt that way about her.

But can they marry and change her status on her visa since she is already in the States?

Or would she have to return to China and start the paperwork there???

 

 

Thank for all your help.

[JimS.]

Thanks guys, this really helped allot. I will have them get in connect with a immersion lawyer. I think that is best for them.

[Randy W]

Thanks guys, this really helped allot. I will have them get in connect with a immersion lawyer. I think that is best for them.

 

 

Hopefully, you meant immigration lawyer.

 

Just to clarify - they can marry, anytime, anywhere they want provided they meet the legal requirements in effect. If she returns home after the wedding, he can file an I-130 and get a visa for his wife just like anyone else.

 

The complications (may or may not) come in to play ONLY if she decides to stay in the US and apply for a green card after the wedding.

[JimS.]

Thanks guys, this really helped allot. I will have them get in connect with a immersion lawyer. I think that is best for them.

 

 

Hopefully, you meant immigration lawyer.

 

Just to clarify - they can marry, anytime, anywhere they want provided they meet the legal requirements in effect. If she returns home after the wedding, he can file an I-130 and get a visa for his wife just like anyone else.

 

The complications (may or may not) come in to play ONLY if she decides to stay in the US and apply for a green card after the wedding.

Yes that was what I meant. Still getting use to using the iPad and it auto filling in words. I only typed Immg and it must have filled in the rest.

[JimS.]

Yes it does happen and many do file to adjust status, it involves filing I-130 and I-485 together.

 

However there is a risk the interview may try to determine intent when using visit visa to enter the USA, will have to show that the use of B visa was to visit and not immigrate. The interview can result in a denial, if interviewing officer is not convinced that the intent was not to immigrate.

 

Also having a relationship for some time before visiting wont help much either, it just looks like the intent was to immigrate, and use the B visa as a shortcut to avoid filing a petition for a K1.

 

One more thing I have seen before, sometimes the officer at the POE asks a few questions and explains that B visa is not for immigrations, and has visitor sign a form waiving AOS ability, and notes this on the I-94 card. This is then used at AOS interview to deny.

 

One other thing that can cause issues, some states require a SSN from both parties applying for a marriage license, K1 can get a SSN, a B2 cannot.

 

Student and work visas are easy when it comes to intent when coming to the USA, visit visas are trickier. All a Student or Worker needs to show is work and schooling was the intent when coming here, and found someone.

 

Lastly there is nothing stopping a marriage, can always marry and then file a spouse visa petition and return to China and wait for visa interview.

 

They have decided to marry and take their chances, it's a bit complicated as how this come about. They started chatting as friends for some time and become good friends, She come for a visit and her situation changed, He realized how much he really cared and popped the question. Now they are just trying to figure out the best way to move forward.

 

OK so they need to file a I-130 and I-485 together, I'm guessing this is like filing a CR-1 and would be summit to her POE (LAX)

Reading thru the I-130, it says "routing will be based on the petitioner’s place of residence".

Ok here is a good twist, his residence is in another state than the one she is in. She is staying with one of his family members.

I have only researched DCF mostly, as this is the route I was going to take.

I guess I deleted my files...dang it. I'm putting together a interview question sheet for them. If anyone has a good one, I sure wouldn't turn it down.

Any one have a basic outline of a evolution of relationship letter I can give them.

Crap can not believe I deleted all that stuff.....

 

Thanks again for the help.

Edited November 5, 2011 by JimS. (see edit history)

[dnoblett]

POE not involved, AOS is handled similar to a K1 AOS the package will be mailed to address specified by the I-485, basis on the I-485 will be the attached I-130 check box A.

 

More: http://www.visajourn...tent/i130guide2

 

Also it would be good to file an I-765 for EAD along with the I-485, this will, allowi getting a SSN, and perhaps applying for state ID or driver's license as well as act as an ID, and working while waiting for AOS approval.

 

Can also file an I-131 for an AP document, allowing travel while waiting for AOS approval.

 

I did help on nice college student in Rochester a while back but this was an AOS from student F1 visa, so INTENT was never an issue in that case.

 

As others said, the US Citizen should join the board and be asking the questions, and doing the research, as well as consulting a competent lawyer.

Edited November 5, 2011 by dnoblett (see edit history)

[Randy W]

Yes it does happen and many do file to adjust status, it involves filing I-130 and I-485 together.

 

However there is a risk the interview may try to determine intent when using visit visa to enter the USA, will have to show that the use of B visa was to visit and not immigrate. The interview can result in a denial, if interviewing officer is not convinced that the intent was not to immigrate.

 

Also having a relationship for some time before visiting wont help much either, it just looks like the intent was to immigrate, and use the B visa as a shortcut to avoid filing a petition for a K1.

 

One more thing I have seen before, sometimes the officer at the POE asks a few questions and explains that B visa is not for immigrations, and has visitor sign a form waiving AOS ability, and notes this on the I-94 card. This is then used at AOS interview to deny.

 

One other thing that can cause issues, some states require a SSN from both parties applying for a marriage license, K1 can get a SSN, a B2 cannot.

 

Student and work visas are easy when it comes to intent when coming to the USA, visit visas are trickier. All a Student or Worker needs to show is work and schooling was the intent when coming here, and found someone.

 

Lastly there is nothing stopping a marriage, can always marry and then file a spouse visa petition and return to China and wait for visa interview.

 

They have decided to marry and take their chances, it's a bit complicated as how this come about. They started chatting as friends for some time and become good friends, She come for a visit and her situation changed, He realized how much he really cared and popped the question. Now they are just trying to figure out the best way to move forward.

 

OK so they need to file a I-130 and I-485 together, I'm guessing this is like filing a CR-1 and would be summit to her POE (LAX)

Reading thru the I-130, it says "routing will be based on the petitioner¡¯s place of residence".

Ok here is a good twist, his residence is in another state than the one she is in. She is staying with one of his family members.

I have only researched DCF mostly, as this is the route I was going to take.

I guess I deleted my files...dang it. I'm putting together a interview question sheet for them. If anyone has a good one, I sure wouldn't turn it down.

Any one have a basic outline of a evolution of relationship letter I can give them.

Crap can not believe I deleted all that stuff.....

 

Thanks again for the help.

 

 

I find it hard to believe that he can't ask his own questions.

 

I find it just as hard to believe that you are asking for him, when she might find herself in removal proceedings.

 

I'm not trying to be a scare monger here - SOMEBODY'S HEAD ISN'T SCREWED ON AT ALL.

[honeybun]

They started chatting as friends for some time and become good friends, She come for a visit and her situation changed,

 

...

 

I'm putting together a interview question sheet for them. If anyone has a good one, I sure wouldn't turn it down.

I don't know how stringent USCIS is going to be, but these are two Qs I would have as a layperson.

 

First, how did the couple meet? If on a dating site, I would be more suspicious that this whole thing was planned, i.e., that it was an abuse of the "tourist" visa.

 

Second, how exactly did her situation change? To get here, she supposedly proved she had strong ties to China that would force her to depart the USA at the end of her visa.

[JimS.]

They started chatting as friends for some time and become good friends, She come for a visit and her situation changed,

 

...

 

I'm putting together a interview question sheet for them. If anyone has a good one, I sure wouldn't turn it down.

I don't know how stringent USCIS is going to be, but these are two Qs I would have as a layperson.

 

First, how did the couple meet? If on a dating site, I would be more suspicious that this whole thing was planned, i.e., that it was an abuse of the "tourist" visa.

 

Second, how exactly did her situation change? To get here, she supposedly proved she had strong ties to China that would force her to depart the USA at the end of her visa.

 

ok . they are friends for 3 yrs ,met on some chatting tool..,he has his own gf. and she has her bf they are just friends . about the tourist visa, she got her own visa all by herself even without her bf's help. cuz she is quite talented girl who works in a foreign company. got some money in her bank account .and showed house certificate to the VO. meanwhile she got a good job with fair pay and speaking almost fluent english...her first intent is to come to visit her bf. but after she arrived in the states.her bf told her he already got somebody else and kick her out of his house...so she got no place to stay..the guy (friend she knew yrs)has her stay with his family member. before all that.the guy's gf also cheated on him..so he became single..

 

and for some time later,he found out he fell in love with her.she is the only person who understands him well,keeping him company all yrs and helping him emtionally in different ways.. he loves her..so he asks her to marry him..and she was shocked and thinking for somewhile and later said yes..that is the whole story....you know The adversity sees the true feelings...it is unplaned at all !

Edited November 6, 2011 by JimS. (see edit history)

[honeybun]

(playing devil¡¯s advocate) follow-up Qs to the Chinese spouse:

So if nothing changed with your good job/fair pay and house in China, why would you marry this new bf and stay in the US when you weren¡¯t even planning to do this with your long-term bf?

 

(interviewer suspicious:) Maybe you asked your original boyfriend to marry you and help you adjust status and, when he refused, you went to this other ¡°friend¡± for your ticket to the green-card?

 

What ¡°tourism¡± did you do in the US?

 

Not that you have to answer any of these questions here. But I think it will be dangerous to adjust status if USCIS is at all strict on these types of cases (this is the part it seems you will have to determine)

[warpedbored]

First off it would probably be a good idea for them to hire a good immigration attorney. They should also try and look at this through an adjudication officer's eyes. Woman comes to America to visit BF gets dumped and marries someone else. That doesn't look good on the surface. They need to show how their relationship evolved and that she had intended to return to China when she entered the US.

 

32 years ago when I was young and foolish my ex and I decided to get married. She is from Japan and had returned there after graduating from college. I called my local INS office in Boise Idaho where I was living at the time and asked them what I needed to do. They told me we would need to file a K-1 visa and it would take about 6 months. I asked them point blank what would happen if she came on a tourist visa and we got married. They told me nothing would happen, she would be allowed to adjust status. Seemed like a no brainer to me. She came we got married and filed for her green card. The process was agonizingly slow. The INS didn't like it much that we circumvented the rules. It took about 9 months for us to have an interview at our local field office. At the interview I told the IO the truth. I related my phone conversation with the INS office and told him we didn't want to wait 6 months for a K-1. He was a little irritated and told me she was in the country illegally because she came on a tourist visa with the intention to immigrate. He asked lots of questions about how we met, how long we had known each other (4 years at that time) and I could tell he was looking for cracks in our story. Since I told the truth there were none. After an hour plus interview he finally decided to approve her green card. Now keep in mind that this was 32 years ago and immigration law has changed considerably since then. For one thing there were no conditional green cards in those days. It wasn't uncommon for folks to marry just to get a green card and divorce later. The fact that we had an ongoing relationship for a considerable length of time helped IMO.

 

Above all else your friend needs to show without a doubt that she entered the US with the intention to return to China. Everything that happened after is just her story. They need to be as truthful as possible. Adjudication officers are trained to tell when someone is lying and they are good at it. They will likely lay traps to see if something isn't quite right. In the end as long as their story is plausible and the officer doesn't find enough holes in their story to deny, they will likely be approved.

 

I wish them luck. Their journey is not without risk.

[JimS.]

First off it would probably be a good idea for them to hire a good immigration attorney.

 

I wish them luck. Their journey is not without risk.

 

they hire lawyer, I think is best too. wish they best of luck on their journey