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YGandMAT

MARRIAGE IN THE US on Visitors Visa

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Hello my VJ Friends.

I'm trying to help out a friend who doesn't know what to do.

Scenario:

My friend is a USC, and his girlfriend is a Mexican citizen currently visiting him on a Visitors Visa. The question is this: Can he marry her here in the U.S. and begin the I-130 process? She of course will return to Mexico and wait for the interview in Mexico.

Is this OK to do???? Is this legal?

Please advise.

Thank you.


4.28.07 - Married in Jalisco Mexico - Cozumel Honeymoon for 2 weeks

***I-130***

5.24.07 - I-130 Received in CSC

7.14.07 - Received NOA1 (WOW after 6 weeks, I was worried...called INS and told me CSC had a computer "glitch" causing delays on printing Receipt notices and approvals)

10.30.07 - APPROVED No email, the NOA2 came in the mail...hard copy.

***1-129F***

7.23.07 - I-129F received in Chicago

7.30.07 - Received NOA1

11.21.07 - APPROVED!!!! APPROVED. GOT AN E-MAIL ON THANKSGIVING!

03.03.08- INTERVIEW IN CIUDAD JUAREZ. VISA GRANTED ON 03.03.2008

***AOS & EAD***

3.10.08 - Case Received at Chicago Lockbox, check cashed 3.14.08

3.17.08 - Received both NOA's in the mail

3.21.08 - Received Biometrics appointment letter in the mail, biometrics Appt. 4.02.08

5.05.08 - EAD Card Production ordered GOT EMAIL (we received the same email on 5.09.08)

5.13.08 - Approval Email for EAD (so the card was ordered first, and then we were approved...hum)

5.15.08 - EAD Card Received in mail.

8.08.08 - WE GOT OUR INTERVIEW APPOINTMENT YAY...9/12/08 - INTERVIEW APPROVED

9.24.08 - Received Green Card in the mail YEAH!

***I-751***

6.15.10 - Mailed I-751 Docs to CSC, check cashed 6.24.10

6.26.10 - Received NOA in mail dated 6.21.10

6.29.10 - Received Biometrics appointment for 7.15.10

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Filed: Other Timeline

1. Anybody can get married in the States. It only becomes complicated if they want to stay afterwards.

If they had no intentions of getting married & staying when she crossed the border then she can start the adjustment of status process. There is an onus of proof on them to show she did not intend to stay before she crossed the border.

The most stress-free way is to get married and have her return to Mexico and start the K-3 process.

Hope that helps!


Nothing I say is legal advice. I recommend you consult a qualified immigration attorney for any questions you may have.

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Filed: Other Country: China
Timeline
Hello my VJ Friends.

I'm trying to help out a friend who doesn't know what to do.

Scenario:

My friend is a USC, and his girlfriend is a Mexican citizen currently visiting him on a Visitors Visa. The question is this: Can he marry her here in the U.S. and begin the I-130 process? She of course will return to Mexico and wait for the interview in Mexico.

Is this OK to do???? Is this legal?

Please advise.

Thank you.

Sure, no problem as long as she has any needed documentation to actually get married. Marriage isn't immigration. As long as she doesn't overstay, no worries.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Hello my VJ Friends.

I'm trying to help out a friend who doesn't know what to do.

Scenario:

My friend is a USC, and his girlfriend is a Mexican citizen currently visiting him on a Visitors Visa. The question is this: Can he marry her here in the U.S. and begin the I-130 process? She of course will return to Mexico and wait for the interview in Mexico.

Is this OK to do???? Is this legal?

Please advise.

Thank you.

Sure, no problem as long as she has any needed documentation to actually get married. Marriage isn't immigration. As long as she doesn't overstay, no worries.

Thank you both for your responses.

I was just concerned because of this statement I found under GUIDES here at VJ.

"If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US."

As you can see the statement is saying that the fiancee should go back and apply for K1.

Thanks so much.


4.28.07 - Married in Jalisco Mexico - Cozumel Honeymoon for 2 weeks

***I-130***

5.24.07 - I-130 Received in CSC

7.14.07 - Received NOA1 (WOW after 6 weeks, I was worried...called INS and told me CSC had a computer "glitch" causing delays on printing Receipt notices and approvals)

10.30.07 - APPROVED No email, the NOA2 came in the mail...hard copy.

***1-129F***

7.23.07 - I-129F received in Chicago

7.30.07 - Received NOA1

11.21.07 - APPROVED!!!! APPROVED. GOT AN E-MAIL ON THANKSGIVING!

03.03.08- INTERVIEW IN CIUDAD JUAREZ. VISA GRANTED ON 03.03.2008

***AOS & EAD***

3.10.08 - Case Received at Chicago Lockbox, check cashed 3.14.08

3.17.08 - Received both NOA's in the mail

3.21.08 - Received Biometrics appointment letter in the mail, biometrics Appt. 4.02.08

5.05.08 - EAD Card Production ordered GOT EMAIL (we received the same email on 5.09.08)

5.13.08 - Approval Email for EAD (so the card was ordered first, and then we were approved...hum)

5.15.08 - EAD Card Received in mail.

8.08.08 - WE GOT OUR INTERVIEW APPOINTMENT YAY...9/12/08 - INTERVIEW APPROVED

9.24.08 - Received Green Card in the mail YEAH!

***I-751***

6.15.10 - Mailed I-751 Docs to CSC, check cashed 6.24.10

6.26.10 - Received NOA in mail dated 6.21.10

6.29.10 - Received Biometrics appointment for 7.15.10

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Filed: Other Country: China
Timeline
Hello my VJ Friends.

I'm trying to help out a friend who doesn't know what to do.

Scenario:

My friend is a USC, and his girlfriend is a Mexican citizen currently visiting him on a Visitors Visa. The question is this: Can he marry her here in the U.S. and begin the I-130 process? She of course will return to Mexico and wait for the interview in Mexico.

Is this OK to do???? Is this legal?

Please advise.

Thank you.

Sure, no problem as long as she has any needed documentation to actually get married. Marriage isn't immigration. As long as she doesn't overstay, no worries.

Thank you both for your responses.

I was just concerned because of this statement I found under GUIDES here at VJ.

"If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US."

As you can see the statement is saying that the fiancee should go back and apply for K1.

Thanks so much.

That statement needs some work. Marriage is not a problem as long as there's no overstay.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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The important part of the statement is "intent of immigration and marriage".

If the non-USC intends to marry and then return to their home country then marriage is allowed. If there were any pre-plans to marry and then adjust status from within the US, then that is where the above statement comes into play, as it is visa fraud.

The whole statement is written around adjusting status from within the US, based on a pre-planned marriage. Pushbrk is right, it does need rewording.


Cheryl

06/2005 Met Josh online ~ 02/2006 My 1st visit to the US ~ 09/2006 2nd US visit (Josh proposed) ~ 02/2007 3rd US visit (married)

04/2007 K3 visa applied ~ 05/2007 Josh's 1st UK visit ~ 09/2007 4th US visit ~ 02/2008 K3 visa completed ~ 02/2008 US entry

~*~*~*~*~*~*~*~*~*~*~*~

04/2008 AOS/EAD filed ~ 05/2008 Biometrics ~ 06/2008 EAD recv'd ~ 08/2008 Conditional greencard

~*~*~*~*~*~*~*~*~*~*~*~

02/2010 3rd wedding anniversary ~ 06/04/2010 Apply for lifting conditions ~ 06/14 package delivered ~ 07/23 Biometrics

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Hello my VJ Friends.

I'm trying to help out a friend who doesn't know what to do.

Scenario:

My friend is a USC, and his girlfriend is a Mexican citizen currently visiting him on a Visitors Visa. The question is this: Can he marry her here in the U.S. and begin the I-130 process? She of course will return to Mexico and wait for the interview in Mexico.

Is this OK to do???? Is this legal?

Please advise.

Thank you.

As other have said, it's perfectly fine for them to marry and for her to return to Mexcio. Were they already dating when she entered on the visitor's visa? What was her intention when she entered the US? If they were already dating and planning marriage, it is safest for her to return to Mexico after marrying before her current stay on her visitor's visa is over. They can file the paperwork asap as well even before she leaves. She only has to return to Mexico before the end of her currently allowed stay.

If they were not already dating when she entered and/or if they had no marriage plans at the time her entry to the US, I think they should seriously consider marrying and trying to adjust her status. Especially if it's been a couple months or more since she entered. It's a bit tricky as it's very important that she didn't have intent to stay if she goes for this route, but if it works out, it's worth it for not having to be separated for such a long time right after getting married. If they think they might be eligible to file for adjustment of status, they should get a free or low-cost consultation with a good immigration lawyer. If they do file for adjustment of her status, she can remain in the US on the basis of the NOA1 (first notice of action) for the I-485 adjustment form.


My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

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Filed: Other Country: China
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The important part of the statement is "intent of immigration and marriage".

If the non-USC intends to marry and then return to their home country then marriage is allowed. If there were any pre-plans to marry and then adjust status from within the US, then that is where the above statement comes into play, as it is visa fraud.

The whole statement is written around adjusting status from within the US, based on a pre-planned marriage. Pushbrk is right, it does need rewording.

The problem with the statement is that marrying and filing for CR1 and/or K3 are just as viable options as K1 in the circumstances described.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Thanks a lot for your responses my friends.

Yes, my USC friend was already dating the girl in Mexico. She then came to visit him on a Visitors visa, and then the whole marriage deal came up. I don't think they want to adjust status, because she needs to go back to Mexico and finalize school and other stuff. So she will return to Mexico and wait for the interview there.

THANKS A LOOOOTTT.....


4.28.07 - Married in Jalisco Mexico - Cozumel Honeymoon for 2 weeks

***I-130***

5.24.07 - I-130 Received in CSC

7.14.07 - Received NOA1 (WOW after 6 weeks, I was worried...called INS and told me CSC had a computer "glitch" causing delays on printing Receipt notices and approvals)

10.30.07 - APPROVED No email, the NOA2 came in the mail...hard copy.

***1-129F***

7.23.07 - I-129F received in Chicago

7.30.07 - Received NOA1

11.21.07 - APPROVED!!!! APPROVED. GOT AN E-MAIL ON THANKSGIVING!

03.03.08- INTERVIEW IN CIUDAD JUAREZ. VISA GRANTED ON 03.03.2008

***AOS & EAD***

3.10.08 - Case Received at Chicago Lockbox, check cashed 3.14.08

3.17.08 - Received both NOA's in the mail

3.21.08 - Received Biometrics appointment letter in the mail, biometrics Appt. 4.02.08

5.05.08 - EAD Card Production ordered GOT EMAIL (we received the same email on 5.09.08)

5.13.08 - Approval Email for EAD (so the card was ordered first, and then we were approved...hum)

5.15.08 - EAD Card Received in mail.

8.08.08 - WE GOT OUR INTERVIEW APPOINTMENT YAY...9/12/08 - INTERVIEW APPROVED

9.24.08 - Received Green Card in the mail YEAH!

***I-751***

6.15.10 - Mailed I-751 Docs to CSC, check cashed 6.24.10

6.26.10 - Received NOA in mail dated 6.21.10

6.29.10 - Received Biometrics appointment for 7.15.10

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