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Filed: Other Country: Aruba
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Hi everyone, great site. I have a few short questions. My gf got a student visa to learn sewing adn has almost finished.  Noiw we want to marry. Since she has been here two years and now has a job. I'm a  natural born American citizen so we are ready to get married. Do we just have to go to a judge? We have lived together some of the time and have a hild by another father.

 

So we just pay for the marriage certificate and have the judge marry use now? Is there anything else required?

 

Thanks for your answers even though I'm sure we can just go get married.

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You can get married in front of a judge but you guys will need to file for AOS + EAD after getting married in order for her to continue to live and work in the US legally.

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

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The only requirements to get married are 1) being free to marry, and 2) those of the state where you will marry. You would obtain a marriage license, marry, then obtain a marriage certificate (or in some states, the license is also the certificate after becoming signed).

 

If she wants to live in the US with you, then you need to petition for her to get a green card. ETA: a year or so.

http://www.visajourney.com/content/i130guide2

NOTE: The I-130 requires the I-130 instead of the 2 x G-325As. The I-485 still requires her to complete a G-325A, though.

 

She cannot travel abroad after filing for AOS until she gets AP or a green card or else AOS will be abandoned (and she likely will not be permitted back in without an CR-1/IR-1 visa). AP is taking ~3-4 months. She should also file for an EAD so she can continue working (and any field now). ETA: Also 3-4 months.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Other Country: Aruba
Timeline

So we can marry quickly, but thend months wetting various papersso she can stay? Well over a year.

 

 

Edit, I have another question that is very important. Her governement has declared maritial law. We can't get  our child out of the country. Can this be sued favorably? Go to the US embassy, declare we and our child is in dnager, and get the US military get us out?

Edited by Rabbbbz2018
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Filed: Other Country: Aruba
Timeline
1 minute ago, Roel said:

...are you in her country or the USA? And no, sorry to say but the military won't waste resources on that. Martial law is not actual state of war or anything. Plus foreign military can't just go to other countries and do stuff.

The US embassy is owned by the US, so it isn;t like our guys go strolling in kicking ### and telling people what to do. You would simply be seeking asylum  in the US embasssy, of which you are an owner(citizen)

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31 minutes ago, Rabbbbz2018 said:

So we can marry quickly, but thend months wetting various papersso she can stay? Well over a year.

Well, you file the papers then wait. And wait and wait. She will need to do biometrics are some point, too. Check out the guide linked above.

 

Quote

Edit, I have another question that is very important. Her governement has declared maritial law. We can't get  our child out of the country. Can this be sued favorably? Go to the US embassy, declare we and our child is in dnager, and get the US military get us out?

The martial law in (some of) PH won't impact immigration. You can petition for the child to get an immigrant visa and join her in the US. This process will take roughly 12-14 months on average.

No, the US military will not go into a foreign country to grab a non-US citizen and get them out. If the child made it to USEM and successful obtained asylum in the embassy, then it is what it is...but I don't see a case for that happening.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Other Country: Aruba
Timeline
2 minutes ago, geowrian said:

Well, you file the papers then wait. And wait and wait. She will need to do biometrics are some point, too. Check out the guide linked above.

 

The martial law in (some of) PH won't impact immigration. You can petition for the child to get an immigrant visa and join her in the US. This process will take roughly 12-14 months on average.

No, the US military will not go into a foreign country to grab a non-US citizen and get them out. If the child made it to USEM and successful obtained asylum in the embassy, then it is what it is...but I don't see a case for that happening.

I forgot to mention that the child is a passport carrying US cictzen as well.Simply visiying relatives. She is only 5 and is currently stuck/ Her mom can't come get here as she is not a US cicitzen.

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1 minute ago, Rabbbbz2018 said:

I forgot to mention that the child is a passport carrying US cictzen as well.Simply visiying relatives. She is only 5 and is currently stuck/ Her mom can't come get here as she is not a US cicitzen.

I'm a bit confused now...let me get this straight:

  • Your girlfriend is in the US on a student visa. You want to marry and have her stay in the US.
  • Your girlfriend has a child from another USC. The child is a USC.
  • The child is in PH right now.

Assuming the above is true, why not have the relatives get the child the airport, then the child can fly to the US? Most airlines have an unaccompanied minor process (usually for a fee).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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If her mom and your girlfriend isn't in the USA then you need to file for a fiance or spouse visa for her (depending which route you pick). US military will not bring them to you without your girlfriend visa. 

 

One post you say your girfriend is in the US and now you said she isn't. Make up your mind. 

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: Other Country: Aruba
Timeline
11 minutes ago, geowrian said:

I'm a bit confused now...let me get this straight:

  • Your girlfriend is in the US on a student visa. You want to marry and have her stay in the US.
  • Your girlfriend has a child from another USC. The child is a USC.
  • The child is in PH right now.

Assuming the above is true, why not have the relatives get the child the airport, then the child can fly to the US? Most airlines have an unaccompanied minor process (usually for a fee).

Ok, just for chit chat, the USC child and nonUSC mother are visiting family in the philipinnes, and I remain a USC. still in the states. Could the mother take the USC child to the US embassy, claim asylum, and be gotten out of the country by the military as an escort for the USC child??

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7 minutes ago, Rabbbbz2018 said:

Ok, just for chit chat, the USC child and nonUSC mother are visiting family in the philipinnes, and I remain a USC. still in the states. Could the mother take the USC child to the US embassy, claim asylum, and be gotten out of the country by the military as an escort for the USC child??

No. 

 

If she's not in the USA, she will need a visa to come back. US military will not do that... trust me, my military husband confirmed that. Maybe they do that on movies. 

 

Start looking into fiance visa - k1 and you will see your girlfriend in 6 to 8 months. 

 

I think you're confusing martial law with the civil war or war in general. It's not - that - serious. Kind of sound like you want to skip the visa process by trying to have military escort your family to you.. doesn't work like that. 

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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1 hour ago, Rabbbbz2018 said:

Ok, just for chit chat, the USC child and nonUSC mother are visiting family in the philipinnes, and I remain a USC. still in the states. Could the mother take the USC child to the US embassy, claim asylum, and be gotten out of the country by the military as an escort for the USC child??

No. You are gravely mistaken on how all of this works. The child is a US citizen. The mother has a proper visa. Have them board a plane and come to the US. 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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3 hours ago, Rabbbbz2018 said:

Ok, just for chit chat, the USC child and nonUSC mother are visiting family in the philipinnes, and I remain a USC. still in the states. Could the mother take the USC child to the US embassy, claim asylum, and be gotten out of the country by the military as an escort for the USC child??

 Aruba doesn't have martial law. Why don't you put your real country on your profile?

 

If you are talking about the Philippines, other people on VJ seem to have been coming and going. 

 

Asylum paperwork can take years! Refugees that come to the US from Syria and so on, have been waiting for +5 years. That doesn't seem like a practical choice. 

 

Is the mother your current girlfriend? This is very confusing. You need to clarify and provide real information. Otherwise, you are wasting everyone's time.

 

4 hours ago, Rabbbbz2018 said:

The US embassy is owned by the US, so it isn;t like our guys go strolling in kicking ### and telling people what to do. You would simply be seeking asylum  in the US embasssy, of which you are an owner(citizen)

The US embassy is US soil. You don't own US soil. If you go to the White House, you cannot claim you own the lawn of the White House nor the building itself.

 

5 hours ago, Rabbbbz2018 said:

My gf got a student visa to learn sewing adn has almost finished.  Noiw we want to marry. Since she has been here two years and now has a job.

 

If your girlfriend is in the US, you can AOS. It doesn't take a year as you said, it takes 3-4 months if you fill in all the paperwork correctly. 

 

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3 hours ago, Rabbbbz2018 said:

Could the mother take the USC child to the US embassy, claim asylum, and be gotten out of the country by the military as an escort for the USC child??

Why are you considering this scenario?

Who has custody of the child?

Does the child live in the foreign country with the father?

 

Edited by andy78
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