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Got Married While on Tourist Visa - No Preconcieved intent

Asked over 3 years ago - Paoli, PA

Female UK citizen in the US on a student visa. She left to visit the UK, upon re-entry she was told her visa had expired. They issued her a tourist visa. She married her boyfriend of 3 yrs last week, there are no negatives I am aware of.

I thought she should:

I-130 - He files her in the US
I-485 - adjustment of wavier status - notify UK console in US
Stress spur of the moment and produce notarized statements from people who can confirm the 3 yr relationship USCIS will not be able to read preconceived intent and possible misrepresentation

The issue is the short amount of time!! what can be done to speed this along...sending her back to the UK with no money, no job, no place to live would be a tremendous burden on her and certainly not in her best interests.

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Attorney answers (1)

Stuart Jonas Reich

Reputation Level 19

Answered over 3 years ago. Immigration Attorney in New York, NY.

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Well, it certainly wouldn't be in her interests to receive a determination of fraud and likely be permanently barred from entry into the U.S., either. This couple definitely needs to speak with a lawyer before filing anything.

It isn't clear when/how recently she entered the U.S. - if she got married within 30 days of entry on a tourist visa, there is essentially a legal presumption that she committed fraud in using the visitor visa to enter - so USCIS certainly would be able to read such an intent into this, and the length/legitimacy of the relationship as demonstrated by the affidavits might prove that the relationship is real and that this isn't a "marriage fraud" case, but if anything it hurts the argument that she didn't plan on getting married to a citizen when she entered on a Visitor Visa (or even if she had entered on a Student Visa) more than it helps. Of course, the K-1 fiance visa would have been appropriate if the plan was to enter to get married.

It also isn't clear whether she has continued to go to school since returning on the visitor visa - something she can not legally do if admitted in this status, and another potential problem.

The speed of any green card case is really the least of the issues here - this couple needs to speak with an immigration lawyer ASAP.

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