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Hello,
I came to the US in 2011 for an exchange program and lived with a family for 10 months. I became best friends with one of the sons. I came back this year of 2013 to visit the family and started dating my best friend, we got serious and he pruposed. Can we get married now while I have a tourist visa? Are they going to think I came here just to get married to him since I knew him before that? PLEASE HELP US!
They are going to toss you out 6 months after you got here... married or not... you will then be an illegal on the day after the 6 months from your date of arrival and subject to deportation and a ban from reentry..
Tourist visa has NO path to a green card... and getting married doesn't give you one either...
Been there done that... wrote the book.
It depends... Check your I-94, if immigration officer put a note "No COS on it, you cannot change your status in US.
Can you get married, of course you can get married,
What you can not do, is change that visa to stay, You will still have to leave, perhaps your husband will go with you? And reapply for a different visa to come back to the US under
You can get married, and you can adjust status here in the United States.
What you cannot do is enter the U.S. on a tourist visa with plans to adjust status while here without leaving; that would be visa fraud. But you didn't have plans to do that -- from what you said, when you entered the U.S. you only planned to visit people -- the decision to immigrate came later, after things happened while you were here.
So it's perfectly okay. They will scrutinize this immigrant intent thing though, especially for people who marry off tourist visas. But as long as you tell the truth, and have plenty of evidence to back it up, it will be fine.
As far as the INS is concerened you came here under a tourist VISA... so they will not allow adjustments while you are here... doesn't matter what you PLANNED to do... because that's the most common excuse given...
Like I said above... been though this with my wife. The Non-US party will have to leave before they will issue other paperwork... and even then there is no guarantee they even will. Marriage alone doesn't bestow immigration rights.Expect it to be expensive.. and expect it to take a long time.. maybe even years.
That is simply incorrect. Plenty of people who legitimately met somebody while on B2 and fell in love and married have been able to adjust status. It does not take any extra money or paperwork. There is no rule that says you cannot adjust status from tourist visas. The only reason such cases have been denied is if they suspect immigrant intent; what is especially important is what they asked her and how she answered at the port of entry.Quote:
Originally Posted by smoothy
Got anything to back that up... because I call you out on that... I went through this PERSONALLY... I spent 2 years fighting to get her legal status here... it cost thousands.. I even worked with several congressmen from two statetsd and a deligate. And its only more difficult now that it was when I did it. And it would have taken longer and cost even more than it did had I not gotten the help I did from the people I did... and costs and fees have increased considerably since I did it.Quote:
Originally Posted by newacct
And I still had to send her back to her home country for a big part of it before they would process it.
Now of course they can listen to what you claim then they are going to find themselves in one hell of a mess assuming they could do things they can't... and that its going to be a lot easier than is it. It's their life... I couldn't care less either way.
I also know about 20 other people... all friends of mine I see frequently, who have gone though this as well... none of them had experiences that conflicted with what I have experienced and stated.
I can point you to one that's been fighting for 10 years and still hasn't gotten one for his wife... and he IS a US citizen. And there is no criminal records involved... and they HAVE the benitit of a immigrations attourney working on their behalf.
If she wants LESS of a problem... she won't come here on a tourist Visa... she will leave and apply for a fiancée Visa... that at least has a path to a green card a tourist Visa lacks. Its still not a sure thing but at least she won't be on a dead end street.
Where people get the idea marrying an American gets them an automatic right to a green card or around the controls and requirements is beyond me...
Just Google for adjustment of status on B2. You will find plenty of results that say it is possible as long as you can prove there was no intent, and no results that say you categorically can't.Quote:
Originally Posted by smoothy
It's no different than other non-immigrant visas, like F1; except B2 just has a shorter duration of stay. So why should B2 not be able to do it while F1 can? If you believe that there is something different about B2, you must cite something to back it up.
Ohhh.. because you find it on Google its so? Hate to tell you... most things you find on a Google search or a bing search or any other search engine more often than not will return inaccurate information. Just because someone somewhere posted it on the internet... doesn't mean its true or accurate.Quote:
Originally Posted by newacct
Do YOU work for the INS? Are YOU an immigrations attorney?
I've actually navigated through this process... I didn't Google it up.
There is a big difference betwee what should be, and what actually is. PARTICULARLY when Government agencies are involved. And when it comes to Immigration matters... what most people think... is very rarely the way it is.
Talk to some people that's actuially been through the process sometime... it will be an eye opening experience. It was for me.
You sure have a bee up your!! Butt today. Why don't you provide a link, if you don't mind me asking because this is a lot of good information worth keeping.Quote:
Originally Posted by smoothy
I hope lawandwee our immigration expert helps out here.
WHy should I do it... I've personally done this... they only googled it up. Two years I spent... how many days in line.. over 7 applications... thousands of dollars spent just in applications and fees, a second international move... and I got absolutlely noplace before I called in some favors to political friends... who actually got things done. Something most people would not have access to.Quote:
Originally Posted by tickle
There are some things that get my goat and one of them is being told something I know well and went through was full of poo? Figuratively of course because those words were never actually used.
But heck... let them go and find out for themselves... no skin off my back. Just telling them the way that will cause the least grief for them... its a royal PITA to deal with this when you are newly married... and finding out things aren't as simple or as certain as you were lead to believe AFTER you have tied the knot.
Particularly given the fact the other spouse is likely to have similar problems going to the others native country during that time.
I was lucky enough I was able to work in hers... something that I could not do today under their current immigration laws if we married now.
They need to sort this out before tying the knot... for both their sake. THey need to contact the INS and start dealing now with the fiancée VISA... there is an expectation of a marriage and a path towards a green card they desire.
So what? Just because you have this one data point and some stuff you heard from other people from a long time ago you think you know everything? (You probably have lots of stuff in your case you're not telling us.) And even if all the current information says otherwise it is meaningless, because you don't trust the "Internet"? Then nothing can falsify your position. That is bull.Quote:
Originally Posted by smoothy
Lots of real people "go through the process" by themselves every day on sites like VisaJourney. Their members have gone through all the different situations and if they all agree that this is okay, that is very reliable.
We are a country of laws. It is not some mysterious thing. You can go read them yourself. 8 USC § 1255 (a)
So unless you can find something that bars them in this case, they can adjust.Quote:
The status of an alien who was inspected and admitted or paroled into the United States... may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence
Whatever... are you willing to reimburse them for their trouble when they find out its not like going to apply for a drivers license?
The real people I speak of ar people I personally know and have spoken to.
Not one of them had an easy time doing it like you suggest. None of them had a criminal record that would cause them problems.
I was born in theUSA... my wife wasn't... I went through this and found out its NOT like you think it is or most people think it is... its a painful, expensive... time consuming and very frustrating process and experience.
Its clear you have never actually done this before. And you have all but admitted as much.
I don't think you've every really don't much work in or for the government before... I've been dealing with the government for over 30 years... and I've dealt with every agency and part of it except for one. And even that one I know a lot about.
The INS embodies everything that the word RED TAPE suggests... nothing is ever straight forward... or the way it seems... the INS doesn't simply make adjustments... they flat out reject applications that are not excatly correct... and they make you do it all over again...
But then again... trying to explain this to someone who has never in their life dealt with this or the INS is an exercise in futility.
This may be a nation of laws ( and what exactly does that have to do with someone marrying a foreign national is beyond me)... but foreign nationals do not have a RIGHT to immigrate... they have to follow the convoluted processes and navigate all the red tape that goes with it... its takes many people over a decade to get that green card. Far more get rejected for any number of reasons.
And even if everything is done right there are quotas... miss the cutoff for the year... then to bad, try again.
Print out all the Google pages you want... take them to an INS office and see how far you get with it?
I've done this... you haven't... its that simple.
There are no "quotas" to immigrate the immediate relative of a U.S. citizen. So there you are already speaking BS.Quote:
Originally Posted by smoothy
The hell there isn't...Quote:
Originally Posted by newacct
In fact being married to an American does not grant you a right to a green card at all... they can still say no for ANY reason... and most often it IS due to quotas... SPECIFICALLY if they are from central or south America, because of numbers. Because a very good friend of mine and his immigrations lawyer were told as much by the INS... in reference to his wife. Adn she has NO criminal history... and guess what they even have a child born here too.
But then... he wasn't on Google so it doesn't matter apparently.
I can rattle of a list of others who were told this and waited years as well... Bolivians specifically... some are still waiting... some finally got accepted after years.
I know two who's children are still being refused entry... to this very day... they have been here for over 15 years now trying in one case.
No... everyone doesn't go through that.. a few get lucky.. usually those with money and good lawyers. I know a few of those too... with enough money.. and the right lawyer... mountains can be moved. That's also the way of the world. Money talks.
Okay, but don't trash Google, when I study it is one my first references for medical material. There is nothing wrong with searching on Google.Quote:
Originally Posted by smoothy
I agree that there's nothing wrong with searching on Google, but taking anything you find on the internet as fact, that's wrong.Quote:
Originally Posted by tickle
There is so much misinformation out there, it's mind boggling. Unless you know the facts, it's very dangerous to take anything you find on Google, at face value.
I would say that googling is okay if it's for your own curiosity, your own purposes. If you choose to believe something you found by googling, than that's on you. But, posting anything you googled as fact to someone else, is irresponsible, unless you're googling just to save yourself time, but you have expertise independent of Google to know that the information posted is legit. .
That's my opinion.
Actually this can be done BUT not all can do this... certain groups of people will be denied if they file for change status in US.
+ if your I-94 are endorsed "No COS" at port of entry.
+ if you enter US on visa waiver program
+ if you have 2 years rule on your visa
+ if you enter US as K-1 but married to someone else
+ if you get married within 2 months from the date of entry
+ if you get married in Las Vegas and you are not resident of Nevada
Etc.
Filing a waiver could be done in some cases, it depends. We have done a lot on cases like this.
I would recommend having experienced immigration attorney review all details BEFORE making a decision, so you won't waste your time and $.
Like Alty said... you have to know enough to separate the fact from the fiction. Working in the medical field.. I am certain you have come across many things that were wrong... some would be minor if someone followed them.. while others might be wrong enough to be life threatening. You have the experience to know... but how much would a first term med student be able to tell is inaccurate?Quote:
Originally Posted by tickle
This is true across all topics... and I am intimately familiar on enough topics to have found my statement to be universally true in every one I have ever researched about.
There is good stuff factual stuff out there... but there multiple false postings for every single accurate one.
And actually if you knew how web bots work... and how search engines work... they can not differentiate the true from the false. All they do is comb every site and every page in that site they can find and access and they index what they find... nothing more. Fact checking it would be impossible. Anyone can post anything they want.. literally... eventually search engines pick it all up.
I went through enough hell on this topic, that's why I am so passionate on it... I really would only wish that upon my worst enemies. And quite honestly... the INS is just like the IRS... you can ask them for advice... but they aren't responsible for its accuracy.. (seriously list to their disclaimer sometime).. meaning... you follow their advice at your own peril. Sometimes they never get it right... I learned that the hard way.
I love my wife... but if I had to go through that a second time knowing what I would go through in advance... I would not have gotten married.
Like an injury... doing the wrong thing can seriously jeopardize the recovery on even a minor injury. Meaning you can easily turn a minor injury into a life threatening event. In terms you would be familiar with.
You got to do it right... the first time... an experienced lawyer is worth what it costs, they will know what it really takes. And even then.. expect it to take time. And like my one friend found out... positive outcomes are not guaranteed.
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