Help for a confused man

[Whitty121 1]

Hi.

I need help and advice please.

I met my girlfriend in February, I've been to see her three times, first for two weeks, then just over two months and this trip was scheduled to be 72 days.

She was and is currently married, her divorce has taken forever as the lawyer she hired is an idiot. Therefore I never expected anything but a normal visit on this trip.

However he has informed her that her divorce will be final by the end of the month, I'm due to leave on the 17th. She doesn't want me to leave and has hinted ( nothing is set in stone yet ) that she will ask me to marry her the second her divorce is signed.

I have no idea where that would leave me as far as immigration is concerned, I've read all about the k1 process but as I'll be staying in the country I don't know what I have to do. I've read that I have to file a change of status form along with a bunch of others, the main thing is I don't want to do anything incorrect or miss something vital.

If some could please help me through what I would have to do I would very much appreciate it.

Mark

[afortunada 182]

Which of you is the USC?

[Boiler 43,401]

Some States require a gap period before re marrying.

[MiaTher 73]

I've never personally done a K-1 process but as far as I know you would need to leave the country and then your (potential) fiancée should apply for the visa.

Also, depending on the state she lives in, there may be a few months wait before remarrying after divorce, so it's not like you guys can get married as soon as her divorce is final. (But like I said this depends on the state).

[Merrytooth 5,748]

Don't you have job, apartment .. etc to take care of back home?

[Chardon Ne' 71]

Hi.

I need help and advice please.

I met my girlfriend in February, I've been to see her three times, first for two weeks, then just over two months and this trip was scheduled to be 72 days.

She was and is currently married, her divorce has taken forever as the lawyer she hired is an idiot. Therefore I never expected anything but a normal visit on this trip.

However he has informed her that her divorce will be final by the end of the month, I'm due to leave on the 17th. She doesn't want me to leave and has hinted ( nothing is set in stone yet ) that she will ask me to marry her the second her divorce is signed.

I have no idea where that would leave me as far as immigration is concerned, I've read all about the k1 process but as I'll be staying in the country I don't know what I have to do. I've read that I have to file a change of status form along with a bunch of others, the main thing is I don't want to do anything incorrect or miss something vital.

If some could please help me through what I would have to do I would very much appreciate it.

Mark

hi, Once you are married you will be eligible to file for adjustment of status. They may question whether or not that was your intent initially however as long as you can prove a bonafide marriage then you will be excused. If you return unmarried but engaged then you would file for a K1 fiance visa which to my understanding can take some time, but you will have 90 days to marry. If you return home married you can file for a CR1 visa to return and adjust your status then. From timelines that can take about 6 months to a year. If you stay past your visit date you will be out of status and unable to work or do anything until you adjust your status. The cost is about 1500 right now but will soon be going up. The legal way would be to go home and have her file for you from there. Good Luck.

[Georgia16 2,858]

If she's free to marry (don't have a waiting period after divorce) you can either get married and start the CR-1 visa and then you go home and wait takes about a year. Or you can start the K-1 process while you are there and then you go home and wait the last couple of months before it gets approved.

You can't stay and adjust status since that would be fraud.

[Boiler 43,401]

Of course he can stay and adjust, once married.

[Ben&Zian 4,397]

Sounds like the OP had no plan on coming to stay or get married... if she proposes while he is here and they do marry, then he can adjust status as it was not planned..

Now if the OP has things back home he needs to deal with, perhaps the K-1 is a good route. The OP could go home and take care of his ordeals while the visa processes.

If he can just stay here with no issues then go for it. Again does not sound like it was the OP's intent at all to come get married so we can't say that it would be fraud.

Edited December 16, 2016 by Ben&Zian

[EM_Vandaveer 2,366]

If she's free to marry (don't have a waiting period after divorce) you can either get married and start the CR-1 visa and then you go home and wait takes about a year. Or you can start the K-1 process while you are there and then you go home and wait the last couple of months before it gets approved.

You can't stay and adjust status since that would be fraud.

Why would it be fraud? OP clearly stated that they expected this to be a temporary visit as they didn't think the divorce would be anywhere near final THEN circumstances changed, the divorce may come through so they may get married. No fraud there.

[Whitty121 1]

Hi, thanks to those with the helpful responses.

I didn't have any intention on staying or getting married, things have just clicked so well that she wants me to stay forever. I do have things back home to take care of but I can deal with most of it on line or with family help if needed. I must admit I don't want to leave her, she's had a hard time and I feel better being here to look after her.

Also it was never my intent to move here at all, she an Anglophile and wants to come live in England, her children are settled in school though and they don't want to move until that's finished, plus she needs to file a tpr against her ex in order to take them out the country.

From what I've been told I need to file an aos and then a bunch of other forms, I-485 and some other ones. I don't know what, when or how though.

Thanks

Mark

[Whitty121 1]

I've just had a google and Virginia doesn't require a waiting period after a divorce

[Hypnos 6,576]

Follow the guide: http://www.visajourney.com/content/i130guide2

There is no waiting period for remarriage in Virginia, but it seems either party can petition to suspend the final order of divorce within 30 days of the final order being issued. For that reason it seems some lawyers in Virginia advise to wait 30 days from the date of the final order of divorce before remarrying, though you don't have to.

[jakartausa 28]

Don't you have job, apartment .. etc to take care of back home?

I always wonder about this when I see posts like this. I mean how does someone leave for extreme periods of time and finance it! Either I have the wrong job or they are rich LOL

[MiaTher 73]

I always wonder about this when I see posts like this. I mean how does someone leave for extreme periods of time and finance it! Either I have the wrong job or they are rich LOL

Right? Lol. Some people are lucky enough to have a job that allows them to work remotely as long as they have a computer. And some are lucky enough to work for a company willing to hold their jobs for them for a few months.

Either way they're winning at life ?