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Author Topic: Vacation Visa & adjustment of status on the very first visit?  (Read 402 times)

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Offline Elcaballero

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Vacation Visa & adjustment of status on the very first visit?
« on: August 29, 2017, 02:03:38 pm »
      Greetings all.  I would like to know what are the chances of someone coming to the U.S on a vacation visa for the first time, deciding to not return to D.R. With the hopes of getting married on that trip and having their status adjusted while here in the U.S.  Will immigration deny the person, because of intent? Should they perhaps travel a few times, then attempt marriage? If the person who arrives on the vacation visa decides to marry someone she has been dating for a while and then decides to marry, would that also be an issue?

     This person I'm dealing with seems to think that coming to the U.S. On a vacation visa, then staying is no big deal, but I told them immigration does not take well to deception & there is no guarantee they will grant the adjustment.  I told them not to believe everything you hear in the barrio, because many Dominicans embellish the truth in order hide their real situation in the U.S. But I guess.......What Do I know, according to them? I'm just an Informed American citizen who lives here under the new anti-immigrant Trump administration.  The newly arrived family member knows more than I do, I guess? Looking forward to the responses. Very frustrating trying to talk sense into these folks. :mur:

Bring Your Dominican Family to the USA - Dominicans to the USA

Vacation Visa & adjustment of status on the very first visit?
« on: August 29, 2017, 02:03:38 pm »

Offline D-mo

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Re: Vacation Visa & adjustment of status on the very first visit?
« Reply #1 on: August 29, 2017, 06:28:15 pm »
      Greetings all.  I would like to know what are the chances of someone coming to the U.S on a vacation visa for the first time, deciding to not return to D.R. With the hopes of getting married on that trip and having their status adjusted while here in the U.S.  Will immigration deny the person, because of intent? Should they perhaps travel a few times, then attempt marriage? If the person who arrives on the vacation visa decides to marry someone she has been dating for a while and then decides to marry, would that also be an issue?

     This person I'm dealing with seems to think that coming to the U.S. On a vacation visa, then staying is no big deal, but I told them immigration does not take well to deception & there is no guarantee they will grant the adjustment.  I told them not to believe everything you hear in the barrio, because many Dominicans embellish the truth in order hide their real situation in the U.S. But I guess.......What Do I know, according to them? I'm just an Informed American citizen who lives here under the new anti-immigrant Trump administration.  The newly arrived family member knows more than I do, I guess? Looking forward to the responses. Very frustrating trying to talk sense into these folks. :mur:

The intent to come here with a visitor visa and marry someone to adjust status is without a doubt 100% visa fraud and constitutes deportation and visitor visa revocation....... and a ban. If you already have the plan and have the person to marry, yea, that won't fly! They will prove intent with your timeline and use it against you. BUT, if a person legitimately came here as a visitor, met someone and started dating and over the course of trips back and forth, eventually decided to marry and adjust status from visitor to immigrant, then no, that is not illegal. I've helped friends in the past who have done this. But, it is no walk in the park to complete! It takes a lot of time, money and patience..........most people run out of all 3 of those before the process is finished.

Not to worry, everyone in D.R. is an expert at U.S. immigration in their own mind! I have so many stories about that it isn't even funny! However, you can be confident enough to realize that if they actually knew what the hell they were talking about, then they probably wouldn't be THERE, telling you they know how and what to do..... they'd be HERE already.

D-mo
"You can't fix stupid"  Ron White

Offline Elcaballero

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Re: Vacation Visa & adjustment of status on the very first visit?
« Reply #2 on: August 30, 2017, 02:29:15 am »
Thanks D-Mo.

Offline marcfranc

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Re: Vacation Visa & adjustment of status on the very first visit?
« Reply #3 on: August 30, 2017, 06:37:25 am »
Do-Mo basically has it down pat. Also if a person does get a Tourist Visa (which isn't easy to do), it is usually a multi-entry visa that is valid for ten years. This however doesn't mean they can come whenever they like for how long they like. A Tourist Visa is just that. For tourism. If the border control agent sees that a person is coming too frequently and staying too long the agent will deny the person entry and cancel the visa.

BTW, don't try and use logic and reason to talk to a Dominican. It's just a waste of time and leads to nothing but frustration. They always have a relative, a co-worker, a neighbor, a friend, a friend of a friend, or a friend of a friend of a friend that "knows".

 :beathorse:

Offline Clarywaldo

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Re: Vacation Visa & adjustment of status on the very first visit?
« Reply #4 on: August 30, 2017, 06:47:06 am »
Quick Question. . . how long can one with a visitor visa stay in the US? my sister in law came last year but only stayed for like 2 weeks. . this year my in-laws and sister in law and nephews want to come, but we want to be here a week then travel to texas another week and eventually go to mexico for a couple of days then travel back north.  . . so was wondering how long they can be here for. . . . .
09/5/2011- Met Waldo
12/12/2011- Started Dating
07/2/2012- 1st Trip
11/27/2012- 2nd Trip
1/3/2013- Got Married!!
3/20/2013- Came back to the USA after 4 mnths
4/10/2013- Sent I-130/I-129 for SO & 2 step Daughters
4/15/2013- NOA1 text, email received
10/15/2013-Contacted State Representative to get Professional Inquiry
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1/08/2014- Sent NVC the CHECKLIST w/ missing documents
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2/28/2014- Got our CITA date 04/07/2014!!!!
3/17/2014- Hubby and 2 step-daughters went to medical.
4/02/2014- 4th trip
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4/14/2014- Visas picked up at Domex in Santiago
4/17/2014- Port of Entry(Miami)
5/05/2014- Paid Green Card Fees $165
6/13/2014- Received hubby & Step-Daughters Green Cards.
----------------
01/11/16--I-751 Lifting Conditions $505+$85+$85+$85
08/01/16-Request for Evidence,sent info 08/10
08/29/16- Received Hubby & Step Daughters 10 yr Green Card :)

Offline marcfranc

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Re: Vacation Visa & adjustment of status on the very first visit?
« Reply #5 on: August 30, 2017, 09:12:14 am »
Quick Question. . . how long can one with a visitor visa stay in the US? my sister in law came last year but only stayed for like 2 weeks. . this year my in-laws and sister in law and nephews want to come, but we want to be here a week then travel to texas another week and eventually go to mexico for a couple of days then travel back north.  . . so was wondering how long they can be here for. . . . .

Good Question:

The maximum allowable time is 90 days.......but that doesn't mean that is what you are going to get. The CB agent usually stamps the I-94 and then writes in how long it's good for. I know this sounds crazy. I mean how are you supposed to plan a visit if you don't know how long you are allowed to stay? But that's how they do it. See the link below:

https://travel.state.gov/content/visas/en/general/visa-expiration-date.html

Offline Clarywaldo

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Re: Vacation Visa & adjustment of status on the very first visit?
« Reply #6 on: August 30, 2017, 09:37:59 am »
aww okay thanks! They want to come in December for Christmas and New Years so we are trying to see how long they can stay for. . .
09/5/2011- Met Waldo
12/12/2011- Started Dating
07/2/2012- 1st Trip
11/27/2012- 2nd Trip
1/3/2013- Got Married!!
3/20/2013- Came back to the USA after 4 mnths
4/10/2013- Sent I-130/I-129 for SO & 2 step Daughters
4/15/2013- NOA1 text, email received
10/15/2013-Contacted State Representative to get Professional Inquiry
10/21/2013-NOA 2 Email/Text(Gracias a Dios!)
10/25/2013-11/03/2013-3rd Trip
11/15/2013-NVC Received Case
11/19/2013-Received Case #'s [[NVC]]
11/19/2013-E-mail Choice of Agent(DS-261)
11/20/2013-Paid AOS $88
11/21/2013-Paid IV $230 for Hubby
11/25/2013-Sent AOS (I-864)Mailed Priority Mail
11/25/2013-DS-260 Online for Hubby
11/26/2013-Paid IV $230 for Step Daughters
11/28/2013-DS-260 Online for Step Daughters
12/02/2013-Sent DS-260 Supporting Documents Priority Mail
12/25/2013-Merry X-mas 2 me, NVC sent checklist
12/30/2013- NVC reviewed DS-260 Documents
1/08/2014- Sent NVC the CHECKLIST w/ missing documents
2/11/2014-NVC received all doc., waiting for Interview Date!!
2/28/2014- Got our CITA date 04/07/2014!!!!
3/17/2014- Hubby and 2 step-daughters went to medical.
4/02/2014- 4th trip
4/07/2014- ALL 3 APPROVED!
4/14/2014- Visas picked up at Domex in Santiago
4/17/2014- Port of Entry(Miami)
5/05/2014- Paid Green Card Fees $165
6/13/2014- Received hubby & Step-Daughters Green Cards.
----------------
01/11/16--I-751 Lifting Conditions $505+$85+$85+$85
08/01/16-Request for Evidence,sent info 08/10
08/29/16- Received Hubby & Step Daughters 10 yr Green Card :)

Offline Elcaballero

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Re: Vacation Visa & adjustment of status on the very first visit?
« Reply #7 on: August 30, 2017, 06:19:36 pm »
     Thanks for the advice marcfranc.  I agree with you on the trying to impart logic with my Dominican girlfriend, it is downright frustrating at times, so I just let her run in to wall, then hopefully she gets it :yawn:

Offline Twincactus

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Re: Vacation Visa & adjustment of status on the very first visit?
« Reply #8 on: August 30, 2017, 08:10:54 pm »
       If the person who arrives on the vacation visa decides to marry someone she has been dating for a while and then decides to marry, would that also be an issue?
What you are suggesting is visa fraud as D-mo stated above. I wouldn't try it. You would be surprised what the Consulate knows about you. Some people have been successful adjusting status after coming here on a tourist visa and marrying an American, but generally they did not intend to do that when they got the visa.

I might add her chances of getting a tourist visa are about 1% and if she is young and pretty and owns no property and doesn't have a job, she has almost no chance. If they find out she has a boyfriend in the US, she'll definitely be denied because they know the game and the possibilities. Better off just getting married and apply for a CR1 visa. If you really want a way out in case you change your mind you could do the K1 but I would not suggest it unless you're really adamant about living with her before getting married. The K1 gives you 90 days to get married once she gets to the states, BUT it's more expensive, and they have been harder on K1 applicants lately in the visa interview. There seem to be more denials for the K1 than for the marriage visa (CR1)

-Tim
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Offline Twincactus

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Re: Vacation Visa & adjustment of status on the very first visit?
« Reply #9 on: August 30, 2017, 08:14:00 pm »
Quick Question. . . how long can one with a visitor visa stay in the US? my sister in law came last year but only stayed for like 2 weeks. . this year my in-laws and sister in law and nephews want to come, but we want to be here a week then travel to texas another week and eventually go to mexico for a couple of days then travel back north.  . . so was wondering how long they can be here for. . . . .
Hi Clary,

My former sister-in-law got 6 weeks on her tourist visa. They asked for it, but that doesn't mean they'll grant it. Of course like everything in life if you don't ask, you don't get. :)

-Tim
I have a new wife and it's my business.
 

"cuelame el cafe claro"

K1 FAQ
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Children and Family Member Visa FAQ

Adjustment of Status FAQ

Americanwomenreallysuck.com
Timmy's Toy Shop

Simplicity is the ultimate sophistication - Leonardo da Vinci

Offline D-mo

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Re: Vacation Visa & adjustment of status on the very first visit?
« Reply #10 on: September 02, 2017, 06:54:22 am »
aww okay thanks! They want to come in December for Christmas and New Years so we are trying to see how long they can stay for. . .

Clary, the average max is 90 days, but after arrival in the U.S. an extension can be requested if needed.

D-mo
"You can't fix stupid"  Ron White

Offline Clarywaldo

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Re: Vacation Visa & adjustment of status on the very first visit?
« Reply #11 on: September 07, 2017, 12:43:20 pm »
Thanks! after they experience the North Dakota Winter, i'm sure they will only want to stay a week! lol


aww okay thanks! They want to come in December for Christmas and New Years so we are trying to see how long they can stay for. . .

Clary, the average max is 90 days, but after arrival in the U.S. an extension can be requested if needed.

D-mo
09/5/2011- Met Waldo
12/12/2011- Started Dating
07/2/2012- 1st Trip
11/27/2012- 2nd Trip
1/3/2013- Got Married!!
3/20/2013- Came back to the USA after 4 mnths
4/10/2013- Sent I-130/I-129 for SO & 2 step Daughters
4/15/2013- NOA1 text, email received
10/15/2013-Contacted State Representative to get Professional Inquiry
10/21/2013-NOA 2 Email/Text(Gracias a Dios!)
10/25/2013-11/03/2013-3rd Trip
11/15/2013-NVC Received Case
11/19/2013-Received Case #'s [[NVC]]
11/19/2013-E-mail Choice of Agent(DS-261)
11/20/2013-Paid AOS $88
11/21/2013-Paid IV $230 for Hubby
11/25/2013-Sent AOS (I-864)Mailed Priority Mail
11/25/2013-DS-260 Online for Hubby
11/26/2013-Paid IV $230 for Step Daughters
11/28/2013-DS-260 Online for Step Daughters
12/02/2013-Sent DS-260 Supporting Documents Priority Mail
12/25/2013-Merry X-mas 2 me, NVC sent checklist
12/30/2013- NVC reviewed DS-260 Documents
1/08/2014- Sent NVC the CHECKLIST w/ missing documents
2/11/2014-NVC received all doc., waiting for Interview Date!!
2/28/2014- Got our CITA date 04/07/2014!!!!
3/17/2014- Hubby and 2 step-daughters went to medical.
4/02/2014- 4th trip
4/07/2014- ALL 3 APPROVED!
4/14/2014- Visas picked up at Domex in Santiago
4/17/2014- Port of Entry(Miami)
5/05/2014- Paid Green Card Fees $165
6/13/2014- Received hubby & Step-Daughters Green Cards.
----------------
01/11/16--I-751 Lifting Conditions $505+$85+$85+$85
08/01/16-Request for Evidence,sent info 08/10
08/29/16- Received Hubby & Step Daughters 10 yr Green Card :)

Offline D-mo

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Re: Vacation Visa & adjustment of status on the very first visit?
« Reply #12 on: September 07, 2017, 05:59:15 pm »
Thanks! after they experience the North Dakota Winter, i'm sure they will only want to stay a week! lol


aww okay thanks! They want to come in December for Christmas and New Years so we are trying to see how long they can stay for. . .

Clary, the average max is 90 days, but after arrival in the U.S. an extension can be requested if needed.

D-mo

You may also want to check carefully about traveling to Mexico. I don't think you're going to be able to do that with visitors to the U.S., I'm not 100% sure.

D-mo
"You can't fix stupid"  Ron White

Offline Clarywaldo

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Re: Vacation Visa & adjustment of status on the very first visit?
« Reply #13 on: September 11, 2017, 02:14:24 pm »
Thanks, i'm going to have to look into all of this before crossing the border or heading down south.
09/5/2011- Met Waldo
12/12/2011- Started Dating
07/2/2012- 1st Trip
11/27/2012- 2nd Trip
1/3/2013- Got Married!!
3/20/2013- Came back to the USA after 4 mnths
4/10/2013- Sent I-130/I-129 for SO & 2 step Daughters
4/15/2013- NOA1 text, email received
10/15/2013-Contacted State Representative to get Professional Inquiry
10/21/2013-NOA 2 Email/Text(Gracias a Dios!)
10/25/2013-11/03/2013-3rd Trip
11/15/2013-NVC Received Case
11/19/2013-Received Case #'s [[NVC]]
11/19/2013-E-mail Choice of Agent(DS-261)
11/20/2013-Paid AOS $88
11/21/2013-Paid IV $230 for Hubby
11/25/2013-Sent AOS (I-864)Mailed Priority Mail
11/25/2013-DS-260 Online for Hubby
11/26/2013-Paid IV $230 for Step Daughters
11/28/2013-DS-260 Online for Step Daughters
12/02/2013-Sent DS-260 Supporting Documents Priority Mail
12/25/2013-Merry X-mas 2 me, NVC sent checklist
12/30/2013- NVC reviewed DS-260 Documents
1/08/2014- Sent NVC the CHECKLIST w/ missing documents
2/11/2014-NVC received all doc., waiting for Interview Date!!
2/28/2014- Got our CITA date 04/07/2014!!!!
3/17/2014- Hubby and 2 step-daughters went to medical.
4/02/2014- 4th trip
4/07/2014- ALL 3 APPROVED!
4/14/2014- Visas picked up at Domex in Santiago
4/17/2014- Port of Entry(Miami)
5/05/2014- Paid Green Card Fees $165
6/13/2014- Received hubby & Step-Daughters Green Cards.
----------------
01/11/16--I-751 Lifting Conditions $505+$85+$85+$85
08/01/16-Request for Evidence,sent info 08/10
08/29/16- Received Hubby & Step Daughters 10 yr Green Card :)

 

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