AOS - Marriage - re-entery to US

[absolutelyhope 0]

Hi All.

Reading all these posts have been very helpful. Unfortunately, I read them after we accidentally created complications.

My wife and I married spontaneously (two days after my divorce), while she was visiting on a Visitor Visa Waiver in December. She returned to Spain & re-entered her life there, while we discussed our next move. We bought tickets for her to see me again in March. After speaking to 2 lawyers, I've received different counsel.

The first said, she may not apply for AOS in March, the second said she could.

We have not filed any immigration papers & we are weighing various options that lead us to be together sooner than the long wait that is inherent in the process.

We are wondering what you all might know.

a) can she file an AOS after marrying and leaving the country to return to her job, then visiting me and possibly filing an AOS while she visits in March?

B) how difficult will her border crossing be in March? will they ask her if she is married to a USC? if so, what complications might arise from this question? how might we navigate it?

c) again, we have not filed any immigration papers...waiting to see what is the most efficient action - what would be the quickest way to begin life together here in the US?

thanks.

[*JG* 2]

I have a few concerns/questions here.

In most states there is a mandatory waiting period, after divorces are final, to marry again. I have never heard that period being as little as 2 days.

Secondly, does your state actually issue marriage licenses the same day? Most, I have heard have a 3 day turn around time.

I would now think from here you have to file a K-3 or a CR-1 as you are married and she is back in her home country.

Edited February 7, 2008 by Jomo's girl

[Kathryn41 3,205]

Basically, your wife 'may' be able to visit in March, but she won't be able to stay. As the spouse of a US citizen who does not yet have a proper immigrant visa she will have to show very strong ties to her home country when she applies to enter the US. The border authority may or may not let her in depending on how convincing her evidence is.

She cannot apply for AOS from within the States. She could initially have applied for AOS right after you married in the US as she did not have the intent to get married when she arrived. It would have meant that she could not leave the US, however, until she got either Advance Parole (permission to re-enter the US while AOS is being processed) or her green card. Since she left before initiating the AOS process, the only option you have now is to sponsor her for one of the spouse visas - the K-3 or the CRI. It will require you initiating the process by submitting an I-130 petition with all of its attachments. Once that is approved the process is transferred to your spouse's home country where she will eventually be interviewed and granted the visa.

If she does the K-3 route, then once she arrived in the US you would then start the AOS process. If she goes the CR1 route, then she enters the country as an immigrant and will receive her green card in the mail shortly after her arrival in the US.

You should go to the K-3 and the CR1 forums and read over the guides there for a lot of useful information Good luck.

(Don't hire the lawyer who told you it would be alright for her to do AOS in March when she visits - that is not possible).

(Jomo's girl - she left the US - if she were still in the US she could do the AOS, but she can't leave and then return on a visit and do an AOS - that is considered visa fraud - using a visitor's visa to enter the country with the intent to immigrate).

Edited February 7, 2008 by Kathryn41

[pushbrk 12,150]

Hi All.

Reading all these posts have been very helpful. Unfortunately, I read them after we accidentally created complications.

My wife and I married spontaneously (two days after my divorce), while she was visiting on a Visitor Visa Waiver in December. She returned to Spain & re-entered her life there, while we discussed our next move. We bought tickets for her to see me again in March. After speaking to 2 lawyers, I've received different counsel.

The first said, she may not apply for AOS in March, the second said she could.

We have not filed any immigration papers & we are weighing various options that lead us to be together sooner than the long wait that is inherent in the process.

We are wondering what you all might know.

a) can she file an AOS after marrying and leaving the country to return to her job, then visiting me and possibly filing an AOS while she visits in March?

B) how difficult will her border crossing be in March? will they ask her if she is married to a USC? if so, what complications might arise from this question? how might we navigate it?

c) again, we have not filed any immigration papers...waiting to see what is the most efficient action - what would be the quickest way to begin life together here in the US?

thanks.

Had she stayed and filed AOS then waited for it to complete, that would have worked. Since she left the US, she needs an appropriate spouse visa to immigrate to the US. To attempt to file AOS in March on a visitor visa would be a clear attempt to circumvent US immigration laws. The penalties can be quite severe. Please see the "Guides" for spouse visas.

Because of recent complications with the K3 visa process, I recommend you stick with the CR1, immigrant visa. She may be able to visit during the process. That's a daily subject here.

[Converse34 1]

I have a few concerns/questions here.

In most states there is a mandatory waiting period, after divorces are final, to marry again. I have never heard that period being as little as 2 days.

Secondly, does your state actually issue marriage licenses the same day? Most, I have heard have a 3 day turn around time.

Yes, I find this interesting, OP, please elaborate more.

I would now think from here you have to file a K-3 or a CR-1 as you are married and she is back in her home country.

Agreed!

[absolutelyhope 0]

I have a few concerns/questions here.

In most states there is a mandatory waiting period, after divorces are final, to marry again. I have never heard that period being as little as 2 days.

Secondly, does your state actually issue marriage licenses the same day? Most, I have heard have a 3 day turn around time.

Yes, I find this interesting, OP, please elaborate more.

I would now think from here you have to file a K-3 or a CR-1 as you are married and she is back in her home country.

Agreed!

Cook County Illinois requires a 24 hour waiting period. The day after the divorce, my wife and I went to the county court house with the divorce agreement, handed it to the clerk, we were told that we could get married the following day. We were given the license, and we were married the following day!

We are considering waiting out the I-130 process in Canada. I can take a leave of absence from my work. Both of us own rental properties and can live off the profits for a time, and we have close friends in BC.

Neither of us can bear the separation. (nor the continued expense of constantly visiting each other for occasional weekends)

Any thoughts?