Married a girl with Visa Waiver information needed.

[Dsero1 0]

hello. okay let me explain.

first i am in the us army. i met this girl a long time ago. she is from korea.

i got some leave time and she and i met up in las vegas. to spend time together and just be together. well we ended up getting married. but we had no idea. vegas.. haha. well i really love this girl and i want to be with her. this isnt a " green card scheme " type of thing.. she and i are genuine. i am a born us citizen and she is a korean citizen. hmm.. what ALL do i have to file for her to stay? can she stay? i really really hope. or i will go to korea. if she cant stay..or has to go back first.. is it possible for her to come back? .. the worst part is.. well from what i read already online.. is i have to prove it was legitamite? to INS.. well.. we were together in las vegas.. for about 2 and a half weeks.. when she came in and well we got married in that time. so i guess proving it wasn't " planned out" will be tough.. or .. impossible? god.. i dont want her to be deported. please any information. please and thank you. I have been reading that if she gets married on visa waiver.. its automatic 10 year ban or life .. is that true? what can i do i will do anything. Really please any information.. and if it is possible for her to stay.. even temporarily.. like 1 or 2 years.. please tell me. because i think i can maybe get paperwork for me to go to korea.. in that time. what is all forms i need to file? all help is greatly appreciated.

What is everything i need to file?

do i have to file the i 130 and 1 485 TOGETHER?

or seperately.. is seperately an option?

is it even possible for her to adjust.. and stay?

all help, information, guides, opinions.. everything.. will be helpful.

feel free to email me if you have specifics or personal opinions.. anything.

thank you.

currently she is not out of status

[Old Dominion 26]

What kind of visa does she have? Proving that she didn't come here to marry might be difficult. Probably the safest approach is for her to return home while you file a petition for the CR-1 spousal visa. Maybe in eight months she will receive it.

Otherwise, you COULD take the risk of filing now for her AOS (and work permit) as you suggest, so long as you have a provable, bona fide marriage, and she can stay until the AOS is adjudicated in perhaps eight months. Follow the guidelines here in VJ. Yes, you must file the two forms and the ones for the work permit and sponsorship all together. Once USCIS provides its notice of receipt, that is evidence that she is here legally.

Edited November 29, 2009 by Old Dominion

[Boiler 47,514]

You do not have to worry about the getting here bit.

You just file to adjust status.

There may be some documentation that she does not have with her, but can get sent over.

It is all doable by yourself, but it does no harm to have a one time consuatation with an immigration lawyer.

[SunDrop 59]

You are perfectly within your legal right to file to adjust her status from the visa waiver to conditional resident as your now relative/ spouse.

What I would suggest is considering how much evidence you have of your relationship from your first meeting her to now. You will need to demonstrate to the USCIS (formerly INS) that you have a bona fide relationship. This can be done through print-outs of yahoo chats, pictures of the two of you during previous meetings/vacations, affidavits from friends who knew you together in Korea (where I'm guessing you met?)

While the onus is not technically on you both to show that she did not intend to get married, but in your situation I'd want to be able to show it. For example, if my SO and I got married spur of the moment, I would have to write to my landlord giving my contractual notice on my apartment and pay the balance of rent due for this period. I'd have to cancel my cable, phone, internet and would use my final bills and 'close of account' correspondence to demonstrate that I didn't do all of this prior to leaving for the US on vacation.

Read the AOS guide thoroughly and check what she will need to complete the process. Also, as you're in the military, are you due to be deployed any time soon? You might qualify for an expedited service if so, and remember that as a military spouse, she has certain benefits that she is immediately entitled to and so needs to be added to any relevant military documentation.

[Kittykisses73 1]

My husband came to meet me for the first time & we ended up getting married. We adjusted status & it was not a huge deal! They are more interested in the fact that you are a legitimate marriage than your intent.

You file the I-485, I-130, I-693, I-864, I-864A, & G325A. It's gonna run you roughly $2000 (copies, fees, phone calls, etc)

at our interview they wanted to see our wedding photos, cards from our families, letters & cards to each other, things like that. They ask the usual questions, how & when you met, about both of your families, standard things.

If there was no intent you have nothing to worry about!

[Anh map 2,098]

There is an immigration helpline for active duty military.

Check out the links on this page in the VJ Wiki --->>> http://www.visajourney.com/wiki/index.php/..._Their_Families

Edited November 29, 2009 by Anh map

[Usui Takumi 1,562]

As everyone mentioned its perfectly legal to go ahead and file the I 130 and I 485. I do want to mention that there is a risk if ever so small. When adjusting on the VWP no mistakes can be made (like not properly replying to an RFE etc.) because if you are denied then there is no appeal. That also means that you are 100% at the mercy of the person handling your case. There's no real check/balance system on this individual.

Edited November 30, 2009 by Sousuke

[Dakine 26]

You do not have to worry about the getting here bit.

You just file to adjust status.

There may be some documentation that she does not have with her, but can get sent over.

It is all doable by yourself, but it does no harm to have a one time consuatation with an immigration lawyer.

As Boiler said! No biggy. Just have her file to adjust status.

Make out a will, get life insurance, health insurance and anything else a normal married couple would get or do to insure and long and happy marriage.

LOTS of people do unplanned marriages and adjust status without any problems.

[Scott and Mhay 57]

There is an immigration helpline for active duty military.

Check out the links on this page in the VJ Wiki --->>> http://www.visajourney.com/wiki/index.php/..._Their_Families

Yes, call the military helpline they can point you in the right direction. It's a free service that most others dont get.