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romeo3 Newbie

romeo3   0

Posted
Filed: Country: Philippines
 Timeline
Posted

My former girlfriend from Philippines is here in the US and I wanted to marry her. I found out that her husband divorced her 25 years ago from the state of California. From that information, we can get married here in USA. My questions are:

1. Can she stay here in USA and petition her in K3 spouse visa ?

2. Is she going to be required to go back to the Philippines and wait there for this K3 visa petition?

3. Is the Immigration (USCIS) going to require that she gets a marriage annulment from the Philippines (Philippines law she is still married, but for the

US law, she was divorce in California and will have the marriage certificate here in Nevada)?

4. Can I get an Immigration lawyer to process her paper so she doesn't have to go back?

I would appreciate any help.

romeo3

Hydey Community Regular

Hydey   0

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted
My former girlfriend from Philippines is here in the US and I wanted to marry her. I found out that her husband divorced her 25 years ago from the state of California. From that information, we can get married here in USA. My questions are:

1. Can she stay here in USA and petition her in K3 spouse visa ?

2. Is she going to be required to go back to the Philippines and wait there for this K3 visa petition?

3. Is the Immigration (USCIS) going to require that she gets a marriage annulment from the Philippines (Philippines law she is still married, but for the

US law, she was divorce in California and will have the marriage certificate here in Nevada)?

4. Can I get an Immigration lawyer to process her paper so she doesn't have to go back?

I would appreciate any help.

romeo3

1. If she stays here and applies for Adjustment Of Status she will not be applying for a K-3. This is for married couples when the non-US Resident returns to their home country to wait out visa processing. She can stay and adjust here but only if when she entered the United States on her last entry, she did not have any intention to marry and/or adjust status. She may need to prove this with ties to her home country if asked. If she did have intention, she must return home.

2. If you file for a K-3 visa, yes she is required to go back. However, if you wait out your marriage it's well known that a K-1 fiance' visa is a much faster route to take and she should be back in the USA within a year.

3. I have no idea on that one, sorry.

4. Yes you can, and they will help and advise you the best they can, but at the end of the day it all comes down to the USCIS. By the sounds of it there was no intention there, but i'd make sure on that divorcing paper rule with an attorney before you proceed any further.

Richard

"Love Will Find A Way <3"

05/29/2008 --- Entry into the US on Visa Waiver to visit my girlfriend for a summer holiday and to help take care of her sick father where needed.

06/20/2008 -- After the sad passing of my girlfriend's father, we decided to get married and stay together

08/08/2008 --- We get married, lovely ceremony and dinner with all of Sarah's family present :-)

08/25/2008 --- AOS package sent to Chicago via Fedex overnight priority mail. Fingers crossed now!

08/26/2008 -- AOS Package received in Chicago, signed for by A.Smith (1 day before my VWP expires!)

09/02/2008 -- Checks cashed!!

09/03/2008 -- NOA1 received for I-485, I-130 and I-765.

09/05/2008 -- Case is shown online as pending!!

09/08/2008 -- Biometrics appointment letter received for September 23rd!! (For both I-485 and I-765)

09/12/2008 -- Biometrics walk-in completed, 11 days before the appointment! In Hackensack NJ.

09/20/2008 -- RFE for I-485 received. It was dated September 17.

09/25/2008 -- RFE response evidence sent out to Lee's Summit by USPS, certified mail.

10/02/2008 -- RFE response evidence received and case processing resumed!

11/04/2008 -- EAD CARD PRODUCTION ORDERED! Thank you Lord.

11/10/2008 -- EAD card received in the mail! wOOt wOOt!!!!

11/12/2008 -- SSN ordered from Hackensack, 2-4 weeks in mail!

11/28/2008 -- SSN Received in the mail, wOOt!!!!!!!!

12/7/2008 -- INTERVIEW LETTER RECEIVED!!! It's scheduled February 19, 2009 at 8:30am in Newark. *nerves*

2/19/2009 -- Interview 8:30am - Green Card verbally approved

2/23/2009 -- Welcome letter received! followed by I-130 approval notice!

Eric-Pris Experienced

Eric-Pris   1,609

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted (edited)
4. Can I get an Immigration lawyer to process her paper so she doesn't have to go back?

An immigration lawyer can't do anything that you can't do by yourself. In other words, don't waste your money. You have 2 choices, let her go back and file for a k-visa--the sure option or have her stay here and file for adjustment of status (AOS)--the less-than-sure option.

The k-1 visa would be approved without a problem, the adjusting from tourist visa can be tricky. She may have to prove that she intended to return home. They may ask for solid proof, and if you get an a-hole IO, they may not accept it and then you'd have problems. People have successfully adjusted from tourist visas, but it's not risk free.

Edited by kid brooklyn
Jon&Lindsey Enthusiast

Jon&Lindsey   0

Posted
Filed: Lift. Cond. (pnd) Country: Wales
 Timeline
Posted

I agree with Hydey and kid brooklyn. Read the guides here to find out more about the process. Also, is she still in status with her tourist visa or did it already expire?

Removing conditions:

10/9/10 - Package sent to Vermont

10/13/10 - NOA1 date, received 10/18

pushbrk Grand Master

pushbrk   13,801

Posted
Filed: Other Country: China
 Timeline
Posted
My former girlfriend from Philippines is here in the US and I wanted to marry her. I found out that her husband divorced her 25 years ago from the state of California. From that information, we can get married here in USA. My questions are:

1. Can she stay here in USA and petition her in K3 spouse visa ?

2. Is she going to be required to go back to the Philippines and wait there for this K3 visa petition?

3. Is the Immigration (USCIS) going to require that she gets a marriage annulment from the Philippines (Philippines law she is still married, but for the

US law, she was divorce in California and will have the marriage certificate here in Nevada)?

4. Can I get an Immigration lawyer to process her paper so she doesn't have to go back?

I would appreciate any help.

romeo3

Visas are used to enter the USA. Since your former girlfriend is already here legally, she may be able to simply adjust status after the marriage, provided your decision to marry and hers to stay occurred after she was already here legally.

If the decision and intentions occurred before her latest entry, then she must leave when her I-94 expires, married or not. You may file a petition for a visa when ready. The two are separate issues.

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

Google Who is Pushbrk?

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

 
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