Help me, I am marrying an eu citizen

[Hugglebuggles 60]

Also, I forgot to mention that I HAVE to go back to Europe once or twice during the following months, so if we did apply for an adjustment of status, would I still be able to go back to Europe? How soon? What would happen if my process was interrupted? Would that mean having to restart from scratch, or being permantly banned or else?

Thanks again folks!

If you entered the US with no intent to stay, as you indicated, you can do AOS. Just be aware that it is your burden to prove that you did not have immigrant intent when you entered. However you cannot leave the US with a pending AOS case until you receive either your Green Card or your Advance Parole document, which you can file for at the same time as you do your AOS. Typically it takes approximately 3 months for this document to be received. If you leave you are abandoning your case

[mrogevich 0]

Also, I forgot to mention that I HAVE to go back to Europe once or twice during the following months, so if we did apply for an adjustment of status, would I still be able to go back to Europe? How soon? What would happen if my process was interrupted? Would that mean having to restart from scratch, or being permantly banned or else?

Thanks again folks!

If you entered the US with no intent to stay, as you indicated, you can do AOS. Just be aware that it is your burden to prove that you did not have immigrant intent when you entered. However you cannot leave the US with a pending AOS case until you receive either your Green Card or your Advance Parole document, which you can file for at the same time as you do your AOS. Typically it takes approximately 3 months for this document to be received. If you leave you are abandoning your case

Can anyone comment if we were to marry outside of the US?

[SP&JM 0]

Hi everyone, i am new to this site so thank you in advance for any positive feedback.

I am a US citizen, and I have been living with my fiance (resident of Slovakia) in London for the past 2.5 years. I have since returned to the US (last week). We were planning on marrying anyway, but the move back to the US happened faster then we expected and we need to make actions happen quickly.

I have a few questions:

If we were to get married in the US (state of virginia), how long would would it take for her to aquire a greencard? I have read that it can take anywhere from 2 months to 8 months. If she were to enter the country as a tourist (not on a fiance visa as the US does not require and entry visa for Slovakia citizens) and we were to get married, will that affect her status in the future?

The second question is regarding our original idea.....getting married outside of the US. She is planning on coming to the US in a week, and if we both were to leave the US, get married abroad, will she be able to re-enter the country considering she technically will not be entering as a tourist?

We have been together for six years, so this is kind of frustrating, so any help will be greatly appreciated.

I'd do DCF through London. You've been here a week...I don't think the UK is going to call that abandoning your residency. There is obviously no requirement that you intend to STAY in the UK to file DCF (otherwise you wouldn't be doing the papers) - so having plans to move back here wouldn't make you ineligible. Get married there, apply there, come here. Being married (regardless of if it's in the US or outside the US) doesn't give her any special rights/status until you've filed the papers and she's been approved for the visa.

The UK is going to claim you as a resident for tax purposes...might as well use that status for all it's worth.

Samantha

[payxibka 10,048]

Also, I forgot to mention that I HAVE to go back to Europe once or twice during the following months, so if we did apply for an adjustment of status, would I still be able to go back to Europe? How soon? What would happen if my process was interrupted? Would that mean having to restart from scratch, or being permantly banned or else?

Thanks again folks!

If you entered the US with no intent to stay, as you indicated, you can do AOS. Just be aware that it is your burden to prove that you did not have immigrant intent when you entered. However you cannot leave the US with a pending AOS case until you receive either your Green Card or your Advance Parole document, which you can file for at the same time as you do your AOS. Typically it takes approximately 3 months for this document to be received. If you leave you are abandoning your case

Can anyone comment if we were to marry outside of the US?

the place of the marriage event does change anything other than making "intent" possibly more difficult to disprove

[SP&JM 0]

the place of the marriage event does change anything other than making "intent" possibly more difficult to disprove

You're right, they couldn't get married outside the US, come here and AOS. Of course, he can't really come here and get married and AOS either. We already know what he intends to do. He already knows what he intends to do. If he intends to come here and get married then it's illegal, and he's taking his chances. Living in the EU isn't bad so if she gets banned then I guess no biggie...

[Gemmie 142]

Marrying outside of the US makes no difference.

Entering as a tourist with the intent to stay is the fraud.

[quike 0]

You could marry now and file for the CR-1 and return to Europe before your 90 days is up. They have been processing much faster so maybe you wouldn't be apart for very long.

If you apply for adjustment of status you could suceed but can also risk being denied with no appeal allowed and be banned from entering US.

Thanks a lot for your replies!

I still have a couple of questions.

When you say they have been processing much faster, what does it mean? Weeks? Months? In pregnancy, 4 months can be a lifetime!

And when you say the process would have to start over, does that also apply to I-485?

Again, thanks.

Edited May 11, 2009 by quike

[jeangab75 0]

To all, You are not supposed to enter the US on a Tourist Visa if you don't have the intention to visit the US as a TOURIST.

This is plain and simple.

I would not play with this rule as there are some serious consequence. You can always try to adjust your status afterward but you have no guarantees that this is right will be granted to you and on top of this you might need to pay for a specialized attorney.

There are LEGAL ways. If you intent to marry your partner in the US, get a fiance visa. Or easier, (I did this myself) marry your partner in your home country and then apply for an immigrant visa in his/her country of origin. It does not take this long.

I understand your desire to be fast, but welcome to the US immigration process, it takes time, effort and money, but don't break the law, you might regret it later.

Good luck.

Edited May 11, 2009 by jeangab75

[jeangab75 0]

I would add that later on you will ask on numerous occasions to swear under oath that you have not broken any US immigration laws. Lying is perjury and is heavily sanctioned in the event you're caught.

Just do the right thing.

Edited May 11, 2009 by jeangab75

[Ed+Cindy 1]

Hi everyone, i am new to this site so thank you in advance for any positive feedback.

I am a US citizen, and I have been living with my fiance (resident of Slovakia) in London for the past 2.5 years. I have since returned to the US (last week). We were planning on marrying anyway, but the move back to the US happened faster then we expected and we need to make actions happen quickly.

I have a few questions:

If we were to get married in the US (state of virginia), how long would would it take for her to aquire a greencard? I have read that it can take anywhere from 2 months to 8 months. If she were to enter the country as a tourist (not on a fiance visa as the US does not require and entry visa for Slovakia citizens) and we were to get married, will that affect her status in the future?

The second question is regarding our original idea.....getting married outside of the US. She is planning on coming to the US in a week, and if we both were to leave the US, get married abroad, will she be able to re-enter the country considering she technically will not be entering as a tourist?

We have been together for six years, so this is kind of frustrating, so any help will be greatly appreciated.

If you still have valid status in London and have been gone only a week, you could probably immediately return to London, marry and DCF (file for an immigration visa at the consulate). That is the fastest option. Refer to the DCF forums.