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  • Getting married to a Citizen, entered as a visitor?

    Me and my fiance want to get married next year. We've heard that it is too much work and a too hard to file for the fiance visa. So we decided that i w ill enter the USA as a visitor. I'll probably be there Feb 1st or 2nd. I know i will have to enter the country with the intention to go back to my home counrty (Germany).
    Our wedding date is Feb 14th (Valentine's Day).
    Will it cause problems after we file for Green Card (I-485, I-130, etc.)??

  • #2
    To enter on a visitor visa and then meet /marry someone is a different thing . And entering with a scheduled marriage date is different.
    Even if you lie to the officer at entry, your case is quite obviously of preconceived intent to stay and will raise red flags at the time of green card interview. Technically, this can be taken as misresepresentation while entering and the GC application denied. But in practice USCIS mostly ignores it. Just remember it MAY cause problems.

    Originally posted by Rose
    Me and my fiance want to get married next year. We've heard that it is too much work and a too hard to file for the fiance visa. So we decided that i w ill enter the USA as a visitor. I'll probably be there Feb 1st or 2nd. I know i will have to enter the country with the intention to go back to my home counrty (Germany).
    Our wedding date is Feb 14th (Valentine's Day).
    Will it cause problems after we file for Green Card (I-485, I-130, etc.)??

    Comment


    • #3
      Thank you so much for your answer peace
      But what exactly do you mean by entering as a visitor and getting married is different than entering with a sheduled marriage date eventhough nobody knows about it?


      Now, does anyone has any experience with this?
      Entered with tourist visa, got married and filed for Adjustment of Status?
      If yes, please tell me what you went trough and was it difficult for you to get approved?

      Comment


      • #4
        What I mean is;
        They will ask you when the two of you met at the time of GC interview,
        and what you told the officer when you entered US on your visitor visa.

        If someone says they met in US and decided to get maried, after he/she actually entered US for a purely temp intent , there may not be any problems.

        But if you say you already knew the person and entered with an intent to get married(scheduled date shows that intent and it is not allowed on a visitor visa) but told the officer at entry something else, it could be taken as misrespresentation , technically.


        Originally posted by Rose
        Thank you so much for your answer peace
        But what exactly do you mean by entering as a visitor and getting married is different than entering with a sheduled marriage date eventhough nobody knows about it?


        Now, does anyone has any experience with this?
        Entered with tourist visa, got married and filed for Adjustment of Status?
        If yes, please tell me what you went trough and was it difficult for you to get approved?

        Comment


        • #5
          Originally posted by Rose
          Me and my fiance want to get married next year. We've heard that it is too much work and a too hard to file for the fiance visa. So we decided that i w ill enter the USA as a visitor. I'll probably be there Feb 1st or 2nd. I know i will have to enter the country with the intention to go back to my home counrty (Germany).
          Our wedding date is Feb 14th (Valentine's Day).
          Will it cause problems after we file for Green Card (I-485, I-130, etc.)??

          I think it would be pretty hard to convince an officer that if you enter only 2 weeks prior to your wedding that you didnt intend to stay.........particualrly if you ahve a wedding with your family memebr there....

          Comment


          • #6
            Actually none of my family members are gonna be there.

            I don't think they can get proof that i never wanted to leave the country though.
            I will have the proof that i actually wanted to leave the country. I will book two flights (round-trip)
            But what if i just came to visit him for a month or so. And after being in the country he decided to propose to me?!


            What are your thoughts about that curiousone?

            Comment


            • #7
              Originally posted by Rose
              Actually none of my family members are gonna be there.

              I don't think they can get proof that i never wanted to leave the country though.
              I will have the proof that i actually wanted to leave the country. I will book two flights (round-trip)
              But what if i just came to visit him for a month or so. And after being in the country he decided to propose to me?!


              What are your thoughts about that curiousone?
              .
              Its hard to predict...........its very subjective. You get 90 days , why not wait until youre almpost at the 90 day mark to do it?

              Comment


              • #8
                Married to a US Citizen

                Hi,

                My visa is B1-B9, and it's not supposed to get married when you entered with that type of visa. But I did that, as a matter the fact, when I got here that day I didn't expect that, it just happened, I got married on May 1st, and got back to my born country days after. In June, we finally decided to get together, and inmediatly start all the papers on file. It is possible to do it, but you have to be aware that it's hard to get through all the process and it's too much paper work to file. I still pending on my case and it's really frustrating all that waiting, I start feeling like I am stock here, I can't work, I can't do anything, I hope everything runs fast. But the fact is that we have our case approved. And it says specifically on the immigration home page that there's unlimited visas for inmediate relatives (spouses). And your husband as an American Citizen has the right to get married with whoever he wants it, and nobody can't prohibited that to him.

                Comment


                • #9
                  Originally posted by Glo
                  Hi,

                  My visa is B1-B9, and it's not supposed to get married when you entered with that type of visa. But I did that, as a matter the fact, when I got here that day I didn't expect that, it just happened, I got married on May 1st, and got back to my born country days after. In June, we finally decided to get together, and inmediatly start all the papers on file. It is possible to do it, but you have to be aware that it's hard to get through all the process and it's too much paper work to file. I still pending on my case and it's really frustrating all that waiting, I start feeling like I am stock here, I can't work, I can't do anything, I hope everything runs fast. But the fact is that we have our case approved. And it says specifically on the immigration home page that there's unlimited visas for inmediate relatives (spouses). And your husband as an American Citizen has the right to get married with whoever he wants it, and nobody can't prohibited that to him.
                  What exactly is the B1-B9 visa?
                  So after your marriage you had to leave the country? Did you file the paperwork in the US or in your home country?
                  How long have you been waiting?




                  Originally posted by curiousone
                  Its hard to predict...........its very subjective. You get 90 days , why not wait until youre almpost at the 90 day mark to do it?
                  We don't want to wait because we actually want to get it over with. Plus, Valentine's Day means a lot to both of us.
                  Let's say we do get approved and we get sheduled for an interview. Is it any different because of how i entered the counrty? They're not gonna think it's a fraud marriage, are they?

                  Comment


                  • #10
                    Getting married to a Citizen, entered as a visitor?

                    Hi,

                    The B1/B9 Is the visa type as visitor/business. I got married on May 1st and went back to my country 3 days after that. Everything happened so fast as a matter the fact we never planned to get married that way or that soon, it just happened. We went to ask for information about what we needed to get married and it was so easy that we just got married then.

                    I got back in to the U.S. in June 21st. So I leave the country and then come back, again as a visitor.

                    We started all the papers file in the first days of July. The I-130 (and we got approved on September). But there's a lot of paper work to do, I filed the advance parole (which I haven't got any final decision, just asked us to file more and more papers, with the correspondent check of course). I have heard that the hole process will take us like 14 months. We still waiting for the calling to the interview. I have got in the last month the fingerprints and the pictures taken.

                    So that means that it is possible to do it that way. You just have to say that you are so in loved, that you never planned something like that, it just happened. And they can't allowed the US citizen to get married with who they want to. I have heard to that the worse thing that could happened on the interview is that they tell the US Citizen that they are responsible for you and if the purpose of that marriage was to get only the US Citizenship they will prosecute against him. (But they can not denied that right them).

                    Thanks.

                    Glo

                    Comment


                    • #11
                      Originally posted by Glo
                      Hi,

                      The B1/B9 Is the visa type as visitor/business. I got married on May 1st and went back to my country 3 days after that. Everything happened so fast as a matter the fact we never planned to get married that way or that soon, it just happened. We went to ask for information about what we needed to get married and it was so easy that we just got married then.

                      I got back in to the U.S. in June 21st. So I leave the country and then come back, again as a visitor.

                      We started all the papers file in the first days of July. The I-130 (and we got approved on September). But there's a lot of paper work to do, I filed the advance parole (which I haven't got any final decision, just asked us to file more and more papers, with the correspondent check of course). I have heard that the hole process will take us like 14 months. We still waiting for the calling to the interview. I have got in the last month the fingerprints and the pictures taken.

                      So that means that it is possible to do it that way. You just have to say that you are so in loved, that you never planned something like that, it just happened. And they can't allowed the US citizen to get married with who they want to. I have heard to that the worse thing that could happened on the interview is that they tell the US Citizen that they are responsible for you and if the purpose of that marriage was to get only the US Citizenship they will prosecute against him. (But they can not denied that right them).

                      Thanks.

                      Glo

                      USCIS will make whateevr dtermination they think is appropriate.....its easy to say they cant do this or that but yes, if they want, they can. The difference between you and Rose is that she DOES intend to marry and stay before she enters. She is already sayimng thats her plan and also you married and left. Shes planning to marry and stay.

                      Comment


                      • #12
                        But they couldn't tell if i never wanted to leave.
                        What if i tell them i did plan to marry him eventually(!) (which is true) and when i came into the States he proposed to me out of the nowhere and we got married.
                        We'll have all kinds of proof, like joint bank accounts, pictures, an adresse together, bills on both of our names (what else could we bring as proof?) Everything that says that this isn't a fraud marriage.
                        Wouldn't that be a reason to approve my case?

                        Comment


                        • #13
                          Originally posted by Rose
                          But they couldn't tell if i never wanted to leave.
                          What if i tell them i did plan to marry him eventually(!) (which is true) and when i came into the States he proposed to me out of the nowhere and we got married.
                          We'll have all kinds of proof, like joint bank accounts, pictures, an adresse together, bills on both of our names (what else could we bring as proof?) Everything that says that this isn't a fraud marriage.
                          Wouldn't that be a reason to approve my case?

                          No, they dont know whats in your head and what the law empowers them when there is no documentary evidence to support your claim is to do is make a subjective determination. The issue would not be whether the marraige is a bona fide one but rather whether when you entered on the visa waiver, you intended not to depart from the US and so knowingly lie at the POE. That issue is separate and apart from whether or not your marriage is a true one.

                          I dont know what the officer is going to conclude. I and the others who have responded are just trying to let you know that that's a question that you may be asked to answer and one which you may not be able to explain. No one is saying that's how it's going to be. We don't know and neither do you but if we're to play devil's advocates, and from what we know, its a real possibility.............we're not saying its a certainty. They might not but they certainly can make that adverse decision so be always wary when anyone say USCIS can't do this or cant do that. Yes they can!..and in your case, it would not be a totally unjustified decision were they to conclude that you did not have a non-immigrant intent when you entered.
                          Youre free to make whatever decision you feel is best for you and no one is trying to scare you. Wer'e just trying to help you make an informed one.
                          Last edited by curiousone; 12-08-2006, 08:24 PM.

                          Comment


                          • #14
                            Thank you so much for your answers and help, curiousone.

                            And thank you, Glo for your story. I hope everything works out for you guys!
                            Last edited by Rose; 12-09-2006, 05:04 PM.

                            Comment


                            • #15
                              I came here with my "boyfriend" at the time. We've got married later. I came in on an I-94 visa (from Germany). Yes, it was not the right way to do it, but everything worked out fine. I did not have to leave the US again. I wrote you a private msg. I can tell you all about it, and it's not that complicated Now, I'm a US citizen and everything is alright.

                              Comment

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