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Filed: Timeline
Posted

I am new to this forum so I apologize if I am doing this the wrong way.

I am in the US on a waiver visa, wich will expire next week and I am supposed to go back to my country. However, bf proposed to me and he wants me to stay so we are getting married next week!

Very exciting!!

So if I get this right, I will be able to stay in the US as his spouse after our marriage, correct?

What will I need to do after we get married?

Also, bf has been in jail and in now on probation, will this be a problem? I have enough money to support myself and he has a part time job, I won't need wellfare but maybe a bank loan as a normal citizen later when I'm able to for things like apartment, car etc?

I would also wish to change my last name to his, can I do this in the US without going back to my home country?

I don't want to go back to my home country until he can come with me, wich will be in 3+ years when his probation is over since I think I would totally break if we would be apart..He means everything to me and all I want to do is stay here with him, get a job, our own apartment, a car and all of that.

Will this be possible without me having to return home?

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted (edited)
I am new to this forum so I apologize if I am doing this the wrong way.

I am in the US on a waiver visa, wich will expire next week and I am supposed to go back to my country. However, bf proposed to me and he wants me to stay so we are getting married next week! if your visa expires next week, how can you marry next week? you will need to leave before it expires...

Very exciting!!

So if I get this right, I will be able to stay in the US as his spouse after our marriage, correct?

What will I need to do after we get married? assuming this is a tourist VISA, after you marry, you will have to go back to your home country and finish the process.

Also, bf has been in jail and in now on probation, will this be a problem? I have enough money to support myself and he has a part time job, I won't need wellfare but maybe a bank loan as a normal citizen later when I'm able to for things like apartment, car etc? depending on the charges, this may or may not be a problem. your boyfriend will need to earn 125% Above the poverty guideline in order to Adjust status once you come back.

I would also wish to change my last name to his, can I do this in the US without going back to my home country? Yes, after you marry

I don't want to go back to my home country until he can come with me, wich will be in 3+ years when his probation is over since I think I would totally break if we would be apart..He means everything to me and all I want to do is stay here with him, get a job, our own apartment, a car and all of that.

if you marry and adjust status and stay, it's Visa Fraud, so don't do it.

Will this be possible without me having to return home? you will need to go home and finish the process anyway

Edited by HelloWorld08
UpdatedTimeline.jpg
Filed: K-1 Visa Country: Mexico
Timeline
Posted
I am new to this forum so I apologize if I am doing this the wrong way.

I am in the US on a waiver visa, wich will expire next week and I am supposed to go back to my country. However, bf proposed to me and he wants me to stay so we are getting married next week!

Very exciting!!

So if I get this right, I will be able to stay in the US as his spouse after our marriage, correct?

What will I need to do after we get married?

You need to file to adjust status. Read the guide here:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

You will be out of status until you send in your forms so send them in ASAP.

Also, bf has been in jail and in now on probation, will this be a problem? I have enough money to support myself and he has a part time job, I won't need wellfare but maybe a bank loan as a normal citizen later when I'm able to for things like apartment, car etc?

Are you working here legally? Is your current legal income going to continue in the US? If not, you cannot include your income. He needs to be making 125% of the poverty limit, or you will need a co-sponsor. It will take about 90 days to receive your permission to work in the US, after you send in your AOS paperwork.

I would also wish to change my last name to his, can I do this in the US without going back to my home country?

Yes.

I don't want to go back to my home country until he can come with me, wich will be in 3+ years when his probation is over since I think I would totally break if we would be apart..He means everything to me and all I want to do is stay here with him, get a job, our own apartment, a car and all of that.

Will this be possible without me having to return home?

Yes, and you actually should not leave the country until you have advanced parole or your green card.

Good luck.

Filed: Timeline
Posted
I am new to this forum so I apologize if I am doing this the wrong way.

I am in the US on a waiver visa, wich will expire next week and I am supposed to go back to my country. However, bf proposed to me and he wants me to stay so we are getting married next week!

Very exciting!!

So if I get this right, I will be able to stay in the US as his spouse after our marriage, correct?

What will I need to do after we get married?

Also, bf has been in jail and in now on probation, will this be a problem? I have enough money to support myself and he has a part time job, I won't need wellfare but maybe a bank loan as a normal citizen later when I'm able to for things like apartment, car etc?

I would also wish to change my last name to his, can I do this in the US without going back to my home country?

I don't want to go back to my home country until he can come with me, wich will be in 3+ years when his probation is over since I think I would totally break if we would be apart..He means everything to me and all I want to do is stay here with him, get a job, our own apartment, a car and all of that.

Will this be possible without me having to return home?

I sort of had the same situation, i was here in the us on a Visa Waiver and my boyfriend proposed to me DEc 08. my I-94 was due to expire Feb 12th. We made a decision, based on us wanting to not have to be apart again and again, that we would get married before it expires.

If you marry before your tourist visa expires you CAN stay in the country and don't have to leave as the person stated below. When you are married to a USC you are immediately classed as a relative of a USC. But we got our paperwork done straight away, and as soon as we received our official marriage certificate, we filed paperwork (april).

So now im NOT allowed to leave until i get advance parole or actual green card.

Im not sure what happens if your BF is on parole or had convictions etc, i think its worse if the intending immigrant (you) had those. If he is an american it will be different. But he still has to prove he can support you financially (find I864p form on www.uscis.gov in the immgration forms link-it will tell you how much he has to make at least).

My husband is unemployed so we are now having to re-rile I864 with his mom as a joint sponsor. THis can be an option for you too.

Good Luck and God bLess

 
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