if I marry my fiance on my tourist visa (I am in the U.S right now) and stay with her for a few more weeks while she fills the I-130 on my behalf then leave to my country because I need to settle some things back home first before immigrating to the U.S to live with her...
I've been in the U.S for about a week now and our marriage was pretty much pre-mediated so our date and place at the venue is kept. I do know that if i try to adjust status after marrying my fiance within 1 week on a tourist visa, my AOS will probably be denied, am i right?
but since she will be filling the I-130 while I stay with her (not concurrently with the I-485) would that some immigrant intent although i will leave before my I-94 expires??
No, it is not, in this situation and you will not be imputed with any "preconceived intent" or "visa fraud", due to the fact that you will depart the USA after your marriage and the filing of the I-130 petition and will apply for your immigrant visa abroad.
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No, if you get married on a tourist visa, your citizen spouse then files a visa petition for you, I-130, and you then return to your home country without filing for adjustment of status, you will have done nothing wrong. Had you, instead of leaving, filed for adjustment, I-485, you could have been charged with having obtained your non immigrant visa with a preconceived intent to get married and stay in the U.S., therefore being guilty of fraud. As it is, since you went back, you will be able to consular process for your visa once the I-130 is approved, or your wife could file a K-3 petition for you to enter the U.S. and wait for the I-130 to be adjudicated.
I am a lawyer, but I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
I485 is the adjustment of status form. I 130 is an immigrant petition form.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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