Confused about visa situation

[Kyrgyzfriend 0]

Hi, my fiancée and I would like to get married before her tourist visa expires in June (she was given 6 month stay) but we're confused when it comes to the various laws surrounding us being able to actually do so. We've done a lot of research on this subject and it looks as if we could, as long as we had no prior intent to get married before she came (which we absolutely didn't), but there's still a lot we don't know/understand. We know there's a lot of forms we need to fill out (like all those involved with adjustment of status, along with an I-130) but how much do they all cost and what's the deal with the Affidavit of Support? I know that in order to be able to be eligible, I would need to make 125% above the poverty level (whatever that currently is), but if I don't qualify (as I probably don't), could a family member or a friend file on my behalf and if so, what's all involved with doing so? Any light you could shine on this subject for us would be greatly appreciated.

[Kyrgyzfriend 0]

Oh if for any reason we aren't able to get married right now, is there any way for her to apply for an extension of her current visa or apply for a green card?

[EmVee 3]

I don't know about extensions... I doubt it though. If I were you, I'd try to get married within the legal timeframe of her original 6 month visa, to avoid any complications.

You need to file I-130, I-485 and I-765 concurrently after the marriage. The cost of these is just under $1400 but that does NOT include the medical that she will need to have done by a civil surgeon, any vaccines she may need during that medical, and the cost of extra things like passport photographs and fees for getting certified copies of birth certificates and marriage certs. There are hidden costs.

And your family member can help you out financially. My husband didn't have the necessary tax history because he'd been out of work while he completed his EMT certification in 2008/2009, so to be on the safe side we asked his sister to be co-sponsor. You'll have to fill out extra paperwork for that but it doesn't cost extra. Your family member should (usually) be a USC with a permanent job, and willing to sponsor your partner for a number of years if needed. They'll need to provide tax transcripts, a letter from their place of work, and ID.

There are guides here on VJ that you should read through, they will be of great help to you. I can't do the handy link yet, but I'm sure someone else can.

Good luck!

[besaangel 17]

I don't know about extensions... I doubt it though. If I were you, I'd try to get married within the legal timeframe of her original 6 month visa, to avoid any complications.

You need to file I-130, I-485 and I-765 concurrently after the marriage. The cost of these is just under $1400 but that does NOT include the medical that she will need to have done by a civil surgeon, any vaccines she may need during that medical, and the cost of extra things like passport photographs and fees for getting certified copies of birth certificates and marriage certs. There are hidden costs.

And your family member can help you out financially. My husband didn't have the necessary tax history because he'd been out of work while he completed his EMT certification in 2008/2009, so to be on the safe side we asked his sister to be co-sponsor. You'll have to fill out extra paperwork for that but it doesn't cost extra. Your family member should (usually) be a USC with a permanent job, and willing to sponsor your partner for a number of years if needed. They'll need to provide tax transcripts, a letter from their place of work, and ID.

There are guides here on VJ that you should read through, they will be of great help to you. I can't do the handy link yet, but I'm sure someone else can.

Good luck!

good answer

[alex and astrid 38]

Information about the I-130 form

THis link has information pertinent to K-1/K-3 visa holders but also has information you can use for Adjusting Status. Link