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dmmyksvoll

I-130 and I-485

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My husband (from Norway) and I got married in Vegas this past weekend, while he was on his tourist visa. We didn't have the intention of getting married, but got caught up in the moment and didn't want to be apart again. We have been together for about a year and a half now and long distance can be very taxing. We are curious as to what we need to file to make sure that his stay is permanent and not illegal. I think we need to file the I-130 and the I-485 together for him to stay, is this correct? Thank you so much for all your help in advance.

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from the site here

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

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You will get some weird comments, nature of VJ.

File and adjust,there is a guide for this and even a sub forum for those going through the process.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Your spouse can stay and legally file to adjust status. Yes, you will file the I-130 and I-485 concurrently. Follow the guide already linked in this thread.

~ Moved from What Visa Do I Need to AOS from Work, Student & Tourist Visas - topic is AOS from tourist visa; already in US, no visa needed ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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from the site here

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

uh. no. stop posting misinformation.

The OP's husband can stay and adjust status.

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Welcome aboard, I'm in the same boat, and trying to figure what box to mark on the I-485 Part 2 A - H

Very best wishes on your new journey.

When filing the I-130 and I-485 concurrently, you still mark a.

a. An immigrant petition giving me an immediately available immigrant visa number

that has been approved. (Attach a copy of the approval notice, or a relative, special

immigrant juvenile, or special immigrant military visa petition filed with this

application that will give you an immediately available visa number, if approved.)


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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