1 million questions with my Fiance from France

[B&M 0]

Thanks a ton, this is a really great answer. I think well go with marrying before she leaves as returning home isnt urgent for her right now so waiting 60 days to 3 months or whatever is standard is fine, I posted also in AOS but just in case, what is the approx time frame for her to gain residency / ability to work / done with paperwork ;p

thanks so much, and again, thanks for your great reponse

The timelines at the top of the page also have pages for AOS, AP (travel document) and EAD (work permit).

Looks like right now, AP is averageing 67 days.

Someone posted this in AOS:

"it will still take you 2 weeks to get the application ready. Generally, overstay for AOS will be forgiven, but people still usually advise against it, since u can't use AP if you overstayed your visa (someone back me up this?)."

What does this mean, she wont be able to travel at all ("cant use AP")? Still not a huge deal, but someone also posted that an overstay can result in a ban from the USA and simiar stuff, so I just want to make sure, if we go and get married, what to we need to do to avoid the most penalties, cause we have 5 days now so im guessing if it takes 2 weeks she will be in slight overstay? Thanks again!

-B&M

[rooster 1]

Thanks a ton, this is a really great answer. I think well go with marrying before she leaves as returning home isnt urgent for her right now so waiting 60 days to 3 months or whatever is standard is fine, I posted also in AOS but just in case, what is the approx time frame for her to gain residency / ability to work / done with paperwork ;p

thanks so much, and again, thanks for your great reponse

The timelines at the top of the page also have pages for AOS, AP (travel document) and EAD (work permit).

Looks like right now, AP is averageing 67 days.

Someone posted this in AOS:

"it will still take you 2 weeks to get the application ready. Generally, overstay for AOS will be forgiven, but people still usually advise against it, since u can't use AP if you overstayed your visa (someone back me up this?)."

What does this mean, she wont be able to travel at all ("cant use AP")? Still not a huge deal, but someone also posted that an overstay can result in a ban from the USA and simiar stuff, so I just want to make sure, if we go and get married, what to we need to do to avoid the most penalties, cause we have 5 days now so im guessing if it takes 2 weeks she will be in slight overstay? Thanks again!

-B&M

The 2 weeks time frame they are referring to is subjective as to how long it will take you to get the documents required for AOS. The waiting time will vary depending on what has to be obtained. A marriage certificate is required and those times vary with court clerk offices. Filling out the forms is a simple process.

The ban kicks in after 180 days of overstay. Her traveling before the AOS is fully complete would not be advised. As stated in several different discussions around this forum, her re-entry to the US is at the mercy of the POE officer she encounters even if she does have AP.

I believe if I were in your shoes, I would not marry until she comes back on the student visa. I don't know if she can even work part time on the student visa or not as I am not experienced in that type of visa. Someone else with more knowledge on that could help you out on this. But, I do know she is not able to on the VWP and if you try to adjust from that, she will not be able to work until she has clearance to do so.

For the record: I am generally opposed to people trying to "go around the system" misusing a visa type for ulterior motives but your situation sounds genuine to me.

[B&M 0]

Thanks a ton, this is a really great answer. I think well go with marrying before she leaves as returning home isnt urgent for her right now so waiting 60 days to 3 months or whatever is standard is fine, I posted also in AOS but just in case, what is the approx time frame for her to gain residency / ability to work / done with paperwork ;p

thanks so much, and again, thanks for your great reponse

The timelines at the top of the page also have pages for AOS, AP (travel document) and EAD (work permit).

Looks like right now, AP is averageing 67 days.

Someone posted this in AOS:

"it will still take you 2 weeks to get the application ready. Generally, overstay for AOS will be forgiven, but people still usually advise against it, since u can't use AP if you overstayed your visa (someone back me up this?)."

What does this mean, she wont be able to travel at all ("cant use AP")? Still not a huge deal, but someone also posted that an overstay can result in a ban from the USA and simiar stuff, so I just want to make sure, if we go and get married, what to we need to do to avoid the most penalties, cause we have 5 days now so im guessing if it takes 2 weeks she will be in slight overstay? Thanks again!

-B&M

The 2 weeks time frame they are referring to is subjective as to how long it will take you to get the documents required for AOS. The waiting time will vary depending on what has to be obtained. A marriage certificate is required and those times vary with court clerk offices. Filling out the forms is a simple process.

The ban kicks in after 180 days of overstay. Her traveling before the AOS is fully complete would not be advised. As stated in several different discussions around this forum, her re-entry to the US is at the mercy of the POE officer she encounters even if she does have AP.

I believe if I were in your shoes, I would not marry until she comes back on the student visa. I don't know if she can even work part time on the student visa or not as I am not experienced in that type of visa. Someone else with more knowledge on that could help you out on this. But, I do know she is not able to on the VWP and if you try to adjust from that, she will not be able to work until she has clearance to do so.

For the record: I am generally opposed to people trying to "go around the system" misusing a visa type for ulterior motives but your situation sounds genuine to me.

Yea, I can assure you our situation is genuine, we aren't trying to beat the system, just trying to do what makes the most sense for our lives. That's what I was asking though, and I think you answered as long as she doesn't overstay 180 days, she will be fine, and if that's the case, thank you very much

-B&M

[Ed+Cindy 1]

The 2 weeks time frame they are referring to is subjective as to how long it will take you to get the documents required for AOS. The waiting time will vary depending on what has to be obtained. A marriage certificate is required and those times vary with court clerk offices. Filling out the forms is a simple process.

The ban kicks in after 180 days of overstay. Her traveling before the AOS is fully complete would not be advised. As stated in several different discussions around this forum, her re-entry to the US is at the mercy of the POE officer she encounters even if she does have AP.

I believe if I were in your shoes, I would not marry until she comes back on the student visa. I don't know if she can even work part time on the student visa or not as I am not experienced in that type of visa. Someone else with more knowledge on that could help you out on this. But, I do know she is not able to on the VWP and if you try to adjust from that, she will not be able to work until she has clearance to do so.

For the record: I am generally opposed to people trying to "go around the system" misusing a visa type for ulterior motives but your situation sounds genuine to me.

IMO, I second this. Since you know she has a student visa and will be in the US later this year. I would recommend waiting until then. Just my opinion though.

[rooster 1]

Just to clarify for you, the ban does not kick in until after 180 days. But, if she has ANY overstay, she would still be running a risk at re-entry if she travels out of the US before the AOS process is done.

[B&M 0]

The 2 weeks time frame they are referring to is subjective as to how long it will take you to get the documents required for AOS. The waiting time will vary depending on what has to be obtained. A marriage certificate is required and those times vary with court clerk offices. Filling out the forms is a simple process.

The ban kicks in after 180 days of overstay. Her traveling before the AOS is fully complete would not be advised. As stated in several different discussions around this forum, her re-entry to the US is at the mercy of the POE officer she encounters even if she does have AP.

I believe if I were in your shoes, I would not marry until she comes back on the student visa. I don't know if she can even work part time on the student visa or not as I am not experienced in that type of visa. Someone else with more knowledge on that could help you out on this. But, I do know she is not able to on the VWP and if you try to adjust from that, she will not be able to work until she has clearance to do so.

For the record: I am generally opposed to people trying to "go around the system" misusing a visa type for ulterior motives but your situation sounds genuine to me.

IMO, I second this. Since you know she has a student visa and will be in the US later this year. I would recommend waiting until then. Just my opinion though.

she doesn't already have a student visa, she is waiting to see if she was accepted or not into her grad program, so this is the difference

@ rooster, that's fine, she has no real need to leave at the moment except to go visit her parents when everything is done, there is nothing urgent

[Ed+Cindy 1]

she doesn't already have a student visa, she is waiting to see if she was accepted or not into her grad program, so this is the difference

@ rooster, that's fine, she has no real need to leave at the moment except to go visit her parents when everything is done, there is nothing urgent

Oh, well then, knowing what I know now....I would just marry today...try to get the certificate asap (depending on the state/county you can have it in a day sometimes). Prepare the AOS paperwork over the weekend and hopefully get it in the mail next week....that's what I would do if it were me.

Edited April 24, 2009 by Ed+Cindy

[Jon&Lindsey 0]

Oh, well then, knowing what I know now....I would just marry today...try to get the certificate asap (depending on the state/county you can have it in a day sometimes). Prepare the AOS paperwork over the weekend and hopefully get it in the mail next week....that's what I would do if it were me.

I replied in the AOS forum but that's what I'd do as well (I also adjusted from VWP, also decided at the last minute!), send the AOS ASAP and to be on the safe side, don't leave until the GC arrives.

[B&M 0]

great guys, that is the plan, we're going to get married today

so wish us luck, i'm sure i'll have more questions during the rest of the journey, but thank you guys a ton :), you've been sooo much more help then we've been able to find anywhere else =]

[Richard-Joanna 1]

now there is a decision maker

Good Luck!

[Ginger cat 3]

great guys, that is the plan, we're going to get married today

so wish us luck, i'm sure i'll have more questions during the rest of the journey, but thank you guys a ton :), you've been sooo much more help then we've been able to find anywhere else =]

keep us update. I am curious to see if they are going to be picky and say about those famous fraud.

i haven't read the replies, but basically you can marry with someoen who is visiting. But the thing si that you have then to proove you have no attention to get married...the thing is that you were dating before....so for them, as far as i have been said, is that they can consider that the intention of getting married when you visit your "fiancé" can be considered as a fraud.

i thinkt those case of marriage are ok, when you are a real tourist, when you don't go and visit your lover, and then you meet someone..and that someone...oh my gawd!! in soime days, just realised you are the soulmate and then propsed you.

the thing is that you were involvedd together, as she has been visiting you for 90 days.

ok, i didn't experience it, this is who i could understand it, according to my different exchanges with ppl.

hopefully things will be fine, of course. Personally, we decided against that one, and opted for the visa k1.

[Ginger cat 3]

great guys, that is the plan, we're going to get married today

so wish us luck, i'm sure i'll have more questions during the rest of the journey, but thank you guys a ton :), you've been sooo much more help then we've been able to find anywhere else =]

keep us update. I am curious to see if they are going to be picky and say about those famous fraud.

i haven't read the replies, but basically you can marry with someoen who is visiting. But you have then to proove you had no attention to get married...the thing is that you were dating before....so for them, as far as i have been said,they can consider that the intention of getting married when you visit your "fiancé" as a fraud.

i thinkt those case of marriage can be ok, when you are a real tourist, when you don't go and visit your lover, but when you are visiting you are trully single and you meet someone..and that someone...oh my gawd!! in soime days, just realised you are the soulmate of his life and then propose you.

the thing is that you were involved together, as she has been visiting you for 90 days.

ok, i didn't experience it, this is how i could understand it, according to my different exchanges with ppl.

i am not saying it's impossible, just touchy and maybe the USCIS won't see it as the same as you.

hopefully things will be fine, of course. you can certainly prove you had no intetion of getting married by some other ways, though.

Personally, we decided against that one, and opted for the visa k1.

[justucia 0]

n/m

Edited April 26, 2009 by justucia

[msu17 0]

great guys, that is the plan, we're going to get married today

so wish us luck, i'm sure i'll have more questions during the rest of the journey, but thank you guys a ton :), you've been sooo much more help then we've been able to find anywhere else =]

Yay, you got married on my birthday, it's a great day :-D Congrats and good luck filing.