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Getting a Marriage Green Card After Entering as a Tourist

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  • 09-20-2010, 07:38 PM
    lunarchic
    Getting a Marriage Green Card After Entering as a Tourist
    Hi Guys,

    So I met the love of my life in March this year while I was on holiday. He's a USC. I put my flight date back 4 times but made sure I didn't outstay my visa waiver (I'm from the UK). Then I couldn't stay any longer without becoming illegal so we both decided to travel back to the UK together for a while. We went back for a couple of months but then his visa waiver was nearly up. I really didn't want to be away from him and still had some money saved so I decided to come back to the US for the rest of the summer, thinking this wouldn't be a problem.

    When I got to immigration I was taken into the office, had my bags searched and was questioned about our relationship etc. They did let me through but said if I wanted to return I'd have to wait at least 6 months after returning to the UK to be allowed back into the US.

    After this my now husband proposed to me. I am still within my visa waiver but only by 6 weeks.

    So after I file the I-130 and I-485 forms (which by the way does anyone think I'd need a lawyer to do so?) will this make any difference to my application?

    Any help is much appreciated!:)
  • 09-22-2010, 06:17 AM
    Mr. Knowitall
    Re: Getting a Marriage Green Card After Entering as a Tourist
    When you enter the U.S. as a tourist you declare that you have no intent to immigrate. If you marry and attempt to adjust your status, you're doing just that - attempting to immigrate. Your thus run the risk that the USCIS will investigate your case for possible fraudulent misrepresentation upon entry (something that can get you banned from the U.S. for life) - and you've already drawn the attention of the USCIS.

    If you want to go with a quick marriage and adjustment of status, I suggest consulting an immigration lawyer with the details of your case. To play it safe, unless advised otherwise by my lawyer, I would personally go with a fiancée or spouse visa, even if it means some amount of separation.
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