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  • Adjust I-Visa

    Can a person on a I-Visa (Media) adjust their status though marriage to a US Citizen?

  • #2
    Originally posted by indian711
    Can a person on a I-Visa (Media) adjust their status though marriage to a US Citizen?
    Yes - but there's the assumption that it was your intent all along to do so - ie, you used your I visa to 'seek out and marry a US citizen in order to remain in the US'

    Your will have a hard time getting this to work.

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    • #3

      I agree with the person above. But you need to submit the relevant documents.

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      • #4
        I'm very surprised by the lack of knowledge of these comments. I entered the US with an I-Visa(Media) as a journalist. At that time I was working for a magazine and they needed me to cover events in the United States. Then, I met my husband. We fell in love and decided to marry soon after. Then we went through the whole immigration process. I recently was approved to Naturalize and will become a US citizen in a few weeks during the Oath Ceremony.

        Assuming that you haven't engaged in crimes that make you inadmissible to the United States such as crimes, engaging in prostitution or hiring prostitutes, being a spy, being charged with DUI's, drug possession, having spent time in jail, being a person of bad character, being part of a terrorist organization, etc.... (If any of these is your case, you may still be able to adjust your status through marriage to a US Citizen) BUT, you'll need an experienced attorney since these factors may jeopardize your stay in the US and find you deportable.

        I'm assuming your record is clean. In that case, there are 2 important factors that determine your admissibility to adjust status: 1) FRAUD, 2) TIMING, and 3) UNLAWFUL PRESENCE:

        1) Fraud: Immigration considers fraud as marrying a US citizen to obtain a benefit when the marriage is not bona-fide (meaning that the marriage is not real), and the people marrying are only doing it to get papers. This would deport you and I think it can potentially send the citizen to jail with a fine (This felony offense carries a prison sentence of up to five years and a fine of up to $250,000)

        2) Timing: Let's say someone gets a US visa (tourist, media, whatever) and comes to the US and marries a US citizen within a month. This is a red flag since it is considered that the non-immigrant lied about the real purpose of obtaining the visa in the first place and only did it to marry. Not being careful with the timing in the story could be considered visa fraud and impede adjustment of status. Also, keep in mind that you should ALWAYS say that the purpose of coming to the US when you arrived was because of whatever the visa category.... AND then you met someone, dated, fell in love, married... there should be consistency in your story.

        3) Unlawful Presence: I came to the US as a journalist, and after 8 months decided to stay. Then my visa expired, but Media representatives are "kinda" in a gray area since we are stamped "D/S = Duration of Status" at the port of entry. I was 5 years "out of status" (it was painful), but this visa allowed me to go to college, to have a driver's license, to get social security. After 5 years I met my husband and we married. We didn't have much money when we married so we had to wait like 6 months after marrying to submit the Immigration forms (I think we spent like $2,400)... and as we weren't able to afford an attorney at the time, we spent thousands of hours reading the immigration law. It turns out that an "Immediate Relative" or someone who marries a US citizen is forgiven for the Unlawful Presence and he or she is able to adjust status within the United States. Of course, the immigration officer was tough and cruel during the interview trying to break us down with tons of questions, and also brought up that I had overstayed my visa. But in the end, our marriage is real, and they are recommended through the law to "waive" the Unlawful Presence.

        Bottom line: If you're marrying because of love (your marriage is real), and you don't have any factor that could make you inadmissible (you can even cross the unlawful presence if you're an Immediate Relative), and you didn't obtain your visa through fraudulent ways... there shouldn't be anything stopping you from adjusting status, obtaining a green, and then applying for citizenship in 3 years. This assuming that you filled out the forms properly, don't make mistakes in your application, AND overwhelm immigration with evidence to prove your case

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