Married B/Visitor/Tourist visa AOS

A

amungur

New Member
Hey guys,

I need some help on my situation here.

I am here on a Visitor/b2/tourist visa, and i am gonna get married next month. Here is my situation and let me know if you think this will be suspicious in the eyes of the law.

- I came here last december to visit. I use to be a student in the us 3 years ago.
- Met someone last december. Went back home in Jan
- After spending time online with her for the past 3 month i decided to come visit again last month.
- And after a month, we are going to get married in Vegas next month
- I am in Dallas and i will go thru the DORA program.

Now, do you guys think i will have a problem with the AOS? What's bothering me is the fact that I was in the US in December and came back after such a short time.

Also for those who were in my situation, did the fact that you were on a tourist visa come up in the AOS interview?

THANKS A LOT FOR YOUR REPLIES :)
 
So the last time you enter was March and you want to get marry on May? uhmmm

I came as a visitor as well, but I have to say that on visitor cases every case is different. My case was very different and I heard good ones and I heard bad ones. So is really depending in each case.

Normally the rule of 60/90 days after "can" applies, but is just a guideline not what the law says. But does not mean that necessarily that will be okay in the eye of the immigration officer anyway, since B2 visas are not dual intent. I just can say my experience and I was worry about it but the issue of entered as a tourist did not come up and depends in your specific case and in the immigration officer that will rule in your application.

Good luck,

Good luck,
 
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I agree with Cherr, there is an unwritten rule that if you came here on a visitor's visa you should wait with getting married for at least 60 days.
I came here on a B2 visa too, but I haven't had my interview yet. I've been reading interview experiences of people who entered on a visitor's visa, and the most I read turned out ok. But as Cherr said, it really depends on your individual case.
Basically, if your marriage is bona fide, you shouldn't have much to worry about.
When were you a student in the US?
 
Hm, interesting. The people in that forum are pretty extreme on that topic!

Let me tell you something:
I had an Infopass before I applied for AOS because I, too, thought that I would have to go back home first and enter with a K1 visa. I didn't want to do anything illegal. So my then boyfriend and me asked that Immigration Officer a few questions about K1. Then she actually said: You do know you have another option? And suggested that I could apply for AOS if I got married. It would be the "same thing".
I was totally perplexed and told her that I read that it was illegal to do it. And she said, well, you would circumvent a law. And when I asked her if we could get in trouble for it, she said no. And gave us a stack of paperwork for AOS!!
I asked her to give me the forms for K1 too, since I didn't want to scare my boyfriend!!
But in the end we just didn't want to be separated, so I stayed, we got married after 5 months of my entry on a B2 visa and I'm still confident that everything will be fine.

I know a couple of other people here who got married after 2 months of entry. Since their marriages are bona fide, I'm pretty sure that they will be fine, too.

I don't think there is anything bad about not wanting to be apart from each other.

Also, the stuff about having to proof that you didn't have any intents, I really don't know what that can be. Maybe you had a job in your home country, or an apartment or even family and friends would be considered proof.
But I read those interview experiences and they mostly weren't even asked about that. A general, but important advice: Never lie to an IO.

I can't guarantee that you will be fine, because, as we said, every case is different. I can't even say that I will be fine, either! But I don't think it can be that bad, if the IO herself gave me the paperwork for AOS and even suggested it to me! :)

Hope this helps.
 
I checked that forum several times...is good in general, but you can even get worst answers in other forums...scary. When I was looking for info about B2 to AOS, OMG there were stories to scare you and there were others like "don't worry at all!". Actually there was an experience from a person since 2001, the girl entered from Canada and everytime that she was coming to the US she was bringing stuff with her and the last time she entered, she wait 3 months and got married. It is true that you can "circumvent" the law...the problem is that you never know what smart-ass IO you will get, plus as I said every case is different even can look the same.

Before we got married, my husband asked an attorney (a JAG) if we can adjust since my case in particular was that I was a B1/B2 and we were engaged months prior to my last entry but several times before I continue entered and returned. So as you see it was kind of difficult the part of the "spur" of the moment even it was kind of like that since we never set a date, nothing. But everytime that I entered I always said that I was going to visit my bf and then my fiance after we engaged. So there was nothing to hide and we never hired any attorney. I still remember one of the first forums before even I gor married I was with a lot of questions...and almost everybody told me "get out get out you won't make it!" :eek: I really was like okay I am going back and married in my country, but was my husband who convince me that everything was going to be ok and I am a LPR since March 06 :p

Actually I mean is not that you are getting marry for the papers, if that so believe me...I will be wishing you the worst hehehe, but is really difficult all this process, takes time but it can be done, I mean something that is true the burden is in you since you are the one who wants to live here. I am not saying that is the "most" difficult because in England (for example) now people cannot adjust their status, nobody will marry you if you don't enter with a fiance visa over there at least here are not in that way....yet.
 
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