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  • Help needed!!!

    Hey, My name is Marta and im from Poland, i come to US on June 22 on visitor visa, and got married on august 7th. Yesturday me and my husband went to see 2 lawyers, one of them said that i have to go back to Poland before my I- 94 expaiers and my husband has to apply for my to come back, and the other one said there is no problem and i can stay here and start working on all this forms. Im very upset, i don't want to live my husband even for a week, we just got married. PLS help me!!! i was up all night we have no idea what to do. My husband is american.
    TY guys

  • #2
    Hey, My name is Marta and im from Poland, i come to US on June 22 on visitor visa, and got married on august 7th. Yesturday me and my husband went to see 2 lawyers, one of them said that i have to go back to Poland before my I- 94 expaiers and my husband has to apply for my to come back, and the other one said there is no problem and i can stay here and start working on all this forms. Im very upset, i don't want to live my husband even for a week, we just got married. PLS help me!!! i was up all night we have no idea what to do. My husband is american.
    TY guys

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    • #3
      Since you got married so quickly after coming, and presumably came over on a visitor's visa, immigration is going to suspect you of committing immigration fraud. If you try to adjust status here, you are probably going to have a hard time proving that you didn't intend to marry when you came (that is, you lied to get your visitor's visa), or that you didn't enter into a sudden marriage in order to stay here. It's because your husband is American that you will have to overcome the presumption of immigration fraud--and probably why your first lawyer suggested you return to Poland and follow the rules.

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      • #4
        So what we shud do, shoud i go back home?? what is the best way??

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        • #5
          i had my visa sine 2001, and i was in us 9 times before

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          • #6
            If you didn't come intending to marry, and can somehow prove that, or if you're not in the marriage for a green card and can somehow prove that it's a genuine marriage, then you might want to try staying and convincing immigration. (I'm not a lawyer.) If you want to save yourself aggravation and the risk of not being able to prove the above, I'd go back to Poland and follow what the first lawyer suggested. Did the second one even raise the possibility of problems if you married within 90 days of arriving in the U.S. on a visitor's visa? If not, I'd ask him why not.

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            • #7
              I love my husbans so much and i didnt know we would get married this time, i had my return ticket for july 20, and b4 we got married we called this one attorney and he said we be just fine, and now we hear all this diff stuff, i wanna do everything the right way!!

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              • #8
                Posted August 23, 2005 08:38 AM
                Since you got married so quickly after coming, and presumably came over on a visitor's visa, immigration is going to suspect you of committing immigration fraud. If you try to adjust status here, you are probably going to have a hard time proving that you didn't intend to marry when you came (that is, you lied to get your visitor's visa), or that you didn't enter into a sudden marriage in order to stay here. It's because your husband is American that you will have to overcome the presumption of immigration fraud--and probably why your first lawyer suggested you return to Poland and follow the rules.

                Not true. All entrants/visitors are presumed as intending immigrants. If Marta has ties still in Poland: home, car, job, bank accounts, etc and if she did not plan the wedding (family and guests at the wedding) she should be able to show that this was impromptu.
                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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                • #9
                  From what I've read (and only read, here and on other websites), if you marry within 90 days of coming here on a visitor's visa, then the marriage is suspect. As I also said, if she can show that it was impromptu, then she should stay. But, if it wasn't or she can't show it, she should consider returning to Poland and doing the paperwork there. Also, plenty of Poles get visitor's visas and overstay or work illegally.

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                  • #10
                    Its me again i have proofs, i have my return ticket to Poland for July 20 because i had my school graduations on July 26, and my master diploma is still in Poland, and is not worst nothing here, i was going to start workin at school as a counsler, i have a bank account in poland im still payin my cell phone bills in Poland i came here w one bag, we have a small wedding but non of my family came only my husbends fam, my husbend has lots of emails from coworkers sayin "wow we had no idea u getting merried", i dont know what eals we went to fl for vatation b4 we git merried. We still live w my husbands parents cos we really didnt know. All i know is that i love my husband and i wanna spend reast of my life whit him, i have never been so happy before. And all this is just upseding me so much

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                    • #11
                      Listen Marta, it's true that this marriage can be suspect in the eyes of the immigration officer, but the law is clear; you can file for a green card if the marriage is entered in bona fide and assuming that you entered the country with a Visa you did not do anything illegal. You can't adjust your status only if you have entered under the Visa waiver program. A period of 2 months, after the admission in the country, before marrying an US Citizen is generally considered reasonable. I don't know why people "shoot" sentences without reading the laws.

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                      • #12
                        I almost forgot. What I said is valid only if, when you entered the country, you did not have a preconceived intent to marry this guy.

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                        • #13
                          as 165: how are you doing man? In one of your topics you asid that you had you visa statut changed from B1/B2 to F visa right?
                          What's the name of the univesrity that you attended? Did they do all the papaer work?
                          Was it easy to change the statut of your visa while in the US?
                          Are you allowed to work with an F type visa?

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