doubts and fear about what could happen if i apply for a I-130

[gphm 0]

hi i wanna know if i get married with my fiancee being both in the us and in love each other i am holding a tourist visa she an american citizen we can apply for a I-130 with no problem? that means that if i can remain in the us while i wait for my green card..if i can get a work permission as soon as i apply for an I-130 and also get a permission for traveling to my country(mexico) with no problem..what are the risks of doing that like this.. what do you recommend me to do?stayi in the us or back to mex while the process..and if it is easier to get all that with a child.. cause we are waiting for a beautiful baby

i think that is it by now i hope ur answer

thank u very much all of you!

[gphm 0]

hi

[sweetpiano 0]

The general recommendation would be for you to return to your country and go the fiance (K1) visa route, or the spouse visa (K3 or CR1) route if you do get married. If you had the intention to get married and immigrate when you last entered the US, then going back is best. If you can prove you had no intent to immigrate, that you were only visiting, then file I-130, I-485 (Adjustment of Status), I-765 (employment authorization), and I-131 (travel document) concurrently. Read this guide here. Filing I-130 alone will not help you stay, you have to file I-485 as well.

Edited October 21, 2008 by sweetpiano

[pushbrk 13,801]

The general recommendation would be for you to return to your country and go the fiance (K1) visa route, or the spouse visa (K3 or CR1) route if you do get married. If you had the intention to get married and immigrate when you last entered the US, then going back is best. If you can prove you had no intent to immigrate, that you were only visiting, then file I-130, I-485 (Adjustment of Status), I-765 (employment authorization), and I-131 (travel document) concurrently. Read this guide here. Filing I-130 alone will not help you stay, you have to file I-485 as well.

Any recommendation needs to be based on more facts than have been submitted in the original post.

If your decision to marry occured after your latest US entry and you are willing to wait in the USA for a green card then I would recommend adjusting status. Do stay until you have the card in hand.

If you intended to marry and immigrate before your last US entry, then go home and go through the spouse visa process or if not yet married, the fiance(e) visa process. Visa fraud has harsh results.