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Entering as a Tourist then Marrying, Adjusting Status and Seeking EAD

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  • 07-14-2017, 07:56 AM
    jrcable18
    Entering as a Tourist then Marrying, Adjusting Status and Seeking EAD
    Hi all,

    I have several questions that I would like some input on. I searched through the forum dating back to 2015 and had a difficult time finding the answers, so forgive me if I looked in the wrong place or am posting in the wrong place. So here it goes:

    I am a US Citizen and I intend to marry my girlfriend (very soon to be fiancé) who is here on a Tourist visa. We have been dating for over a year now. Her visa is still valid, and she has never entered the U.S. illegaly.

    The current plan is to first get married in the courthouse. The reason for this is that both of us would like to have a nice wedding and are saving a bit more money to have the wedding that we want but we also want her adjustment of status papers to be started as soon as possible so she can begin to work in her field of Nutrition and Dietetics. My question here would be "Does the USCIS have a problem with this approach? Should we expect problems due to not having had a big traditional wedding?". I'm sure we will be able to show proof of the intent to have a traditional wedding if requested (venue deposit, honeymoon hotel booking, save the date cards, engagement photos etc.) will this help ease their mind in the event they are concerned? We also own a vehicle together and will be purchasing a home within the next few months with both of our names on the note and deed.

    Second question: How long does it generally take for the EAD card to be received for her to be able to move forward with her career?

    Last question: She has a grandmother in her country of birth who is struggling a bit in regards to health. Is it unwise to leave the country even with advanced parole to go and visit her grandmother? Should we just wait to leave the country at all until her status has been adjusted?

    We have quite a bit of proof that our marriage will take place in good faith. We will submit joint bank account info, she will be listed as the beneficiary on some of my assets, as stated before we own a vehicle and soon a home together, she is on my vehicle auto insurance policy and phone service bill and we have several people who will submit affadivits on our behalf.

    Any answers to these questions, along with other tips/advice would be greatly appreciated.

    Best,
    John
  • 07-14-2017, 08:38 AM
    Mr. Knowitall
    Re: Adjusting Status, then Getting EAD and Advanced Parole
    Does the U.S. have a problem with somebody lying at a port of entry, claiming that they are entering as a tourist and have no intent to immigrate, then immediately marrying and trying to get legal permanent residence? Of course they do. Lying to gain access to the U.S. can also result in removal and a lifetime bar against reentry.

    That doesn't mean that many people haven't entered fraudulently under tourist visas, married, and adjusted their status -- but yes, absolutely, the USCIS has a problem with it and expects people to follow the law -- entering with a spouse, fiancée, or dual intent visa.

    The more your rush the marriage after her entry, and the more you make it clear that she entered with the intent to both marry and get a job, the more likely it is that the USCIS will regard her entry as suspect or fraudulent.
  • 07-14-2017, 09:48 AM
    jrcable18
    Re: Adjusting Status, then Getting EAD and Advanced Parole
    Not quite sure why the subject line of this was changed to "Adjusting Status, then Getting EAD and Advanced Parole". That is not what I made it, I made the subject line "Questions about adjusting status, EAD, and Advanced Parole".

    However, I'm sure you drew the conclusion from this altered subject heading that the plan was to have entered with the purpose of marriage. That is not the case.
    My soon to be Fiance and I did not have any intentions of getting married at any of the times she entered the United States. We were not in a serious relationship until her most recent entry and at that time marriage hadn't even been a conversation. My question wasn't "do they have a problem with someone lying at the port of entry", because no such thing was done and I already know the answer to that question. Our intentions are genuine and we are both law abiding citizens. If anyone has any insight as to the questions that I asked in my original post I would love to hear answers. However, I am not too interested in keyboard speculation with regards to our relationship. I'm simply seeking guidance from someone who has been in the same boat. Again, Thank you.
  • 07-14-2017, 10:29 AM
    Dogmatique
    Re: Adjusting Status, then Getting EAD and Advanced Parole
    Okay. I'm someone who DID come in on a tourist visa WITHOUT the intention of getting married, living here, working ... and ended up getting married, living here and working. I had no problems (and we did it legally).

    HOWEVER.

    Where is your girlfriend from? In this political climate, that may be a bigger issue than you realize.
  • 07-14-2017, 10:35 AM
    jrcable18
    Re: Adjusting Status, then Getting EAD and Advanced Parole
    Well that's awesome to hear that you were able to navigate the process without any problems. She is from Brazil.
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