So happy to be married and yet so confused

[jedinight 0]

I came here on a tourist 6 month visa to see my girlfriend and meet her family (I’m a British citizen living in Greece for the last 7 years) and had all intension of going back to Greece. My visa expires on 6th June. 30 days ago I proposed to my girlfriend and on 22 may we were married.

The question is what do I do now. what forms do I need to fill out so that I'm able to stay here. I want to do everything by the book, I'm so scared and confused that I may go about this the wrong way and be separated from my wife. I'm quite happy to become a US citizan as long as I'm with her.

If you could advice me or send me a link that would be such a help

Many thanks Jack

[canadian_wife 1,823]

You are quite a ways away from becoming a US citizen. You will be come a permenant resident first. Since you did not have intentions to marry and stay in the US, you can adjust your status. Have your USC wife file the I-130, I-485, G-325, the supporting documents and decide whether you want to file for your employment and travel documents (follow the guides for adjustment of status).

I would file as soon as possible to avoid falling out of status from your tourist visa

Good luck

[Christi85 86]

You're married now, right? And your wife lives in the States?

If so, you have two options:

a) To go straight for a CR-1 visa (your wife will have to file with USCIS on your behalf). This is a spouse visa that will give you a conditional 2-year green card upon entering the States on the CR-1. You will automatically have the right to live and work there legally upon entering. Note that two years after your first entry on the CR-1, and provided that your marriage is still ongoing, you and your wife will have to apply jointly to USCIS to have your conditions removed and give you unconditional permanent residency. The down side of the CR-1 is that it can take a while if applying from within the US - I believe it takes about 9 months for most people. Mind you that the whole procedure is likely to cost you about $1,000.

b) To go for a K3 visa (again your wife will have to file on your behalf with USCIS) and apply for adjustment of status to switch to a CR-1 once in the States. The K3 is a non-immigrant visa that allows you to enter the country and just be there while awaiting for your immigrant petition to be approved. You are not automatically entitled to work on a K3, thus you'll have to also apply for work authorization and a Social Security Number separately, which can easily take a good 6 months. All and all, I'd avoid this procedure. The plus side is that you can get a K3 quicker than a CR-1 (in 5-6 months I believe), but if you take into account the time you'll need to adjust your status to CR-1, obtain work authorization and a Social Security number etc., you understand that's it's likely to get much lengthier overall and much more expensive.

There's lots of information on the wiki pages of this forum, so go ahead and read as much as you can about the two options to make your decision. The USCIS website will also be of help. Make sure you read extensively on all the proof you'll need to provide,as there's quite a lot of paperwork involved.

None of the above two options will make you a US citizen. In order to be eligible to apply for citizenship, you'll have to meet certain criteria:

-having lived in the US on a permanent resident card (green card) for at least 3 years if married to a US citizen (otherwise it'd have to be 5 years)

-having not left the US for more than 6 months on each of the required 3 years

-being able to pass a US history and civils test and an interview

Right now, I'd concentrate on getting a CR-1 visa for you - US citizenship isn't relevant at the moment. Just be prepared to spend quite some time away from your wife, as it can take several months until it's approved and there are a few stages you have to go through before this happens. So brace yourselves for that, accept that you'll have to go back and forth visiting each other for a few months,and best of luck!

[Christi85 86]

You are quite a ways away from becoming a US citizen. You will be come a permenant resident first. Since you did not have intentions to marry and stay in the US, you can adjust your status. Have your USC wife file the I-130, I-485, G-325, the supporting documents and decide whether you want to file for your employment and travel documents (follow the guides for adjustment of status).

I would file as soon as possible to avoid falling out of status from your tourist visa

Good luck

I'm not sure what the case is when filing on a tourist visa. To be perfectly legal beyond suspicion, you'd have had to enter the US on a fiance visa, marry there and apply to adjust status to conditional permanent resident.

Since this didn't happen, now the safest option (but hardest-as you'd have to be apart)is for you to go back to the UK or Greece and wait for the petition to be completed while visiting each other as often as possible.

If filing on a tourist visa is indeed allowed, then you might want to take a trip outside the US for a few days or weeks, and then return, starting your new 6 months on the tourist visa afresh. The problem with that is that the Immigration Officer at the airport could pick you up as trying to stay there to work illegally, if they see the stamps on your passport having dates so close to each other and you're seen to have stayed a whole 6 months the first time. You get what I mean.

I'd choose the safe option to be honest.

[belluco86 3]

I'm not sure what the case is when filing on a tourist visa. To be perfectly legal beyond suspicion, you'd have had to enter the US on a fiance visa, marry there and apply to adjust status to conditional permanent resident.

Since this didn't happen, now the safest option (but hardest-as you'd have to be apart)is for you to go back to the UK or Greece and wait for the petition to be completed while visiting each other as often as possible.

If filing on a tourist visa is indeed allowed, then you might want to take a trip outside the US for a few days or weeks, and then return, starting your new 6 months on the tourist visa afresh. The problem with that is that the Immigration Officer at the airport could pick you up as trying to stay there to work illegally, if they see the stamps on your passport having dates so close to each other and you're seen to have stayed a whole 6 months the first time. You get what I mean.

I'd choose the safe option to be honest.

Since you are in the states and you got married and want to be with your wife and not separated the best way to go about it is to fill a I-485 which is adjustment of status. This will allow you to remain in the country with your wife. During this process you can not travel outside the US because it would be considered abandonment of status. Once you get your green card you are good to go. USCIS might give you some hell because you entered and did what you were not suppose to do which is marry someone while on visitor's visa. I think many couples have done this though and a waiver is not difficult to get. You might have too pay extra money for violating the rule. This method will most likely get you the residence and will also allow you not to be away from your wife. make sure your wife can support you financially you will need that.

The other way is that you return to your country and file I-130. This will take about 8 to 12 months depending on the petition and will allow you to come with an immigrant visa and temporary green card. This is the way to go by the book but will cause you to be away from your wife for that period of time if everything in record and papers is well that is. Such as not having criminal record, your wife having the ability to support you financially and also being able to get all the supporting documentation you need.

i hope that helped

[Married2009 32]

Read the guides for Adjustment of Status and the CR1/IR1 (K3 is pretty much obsolete), you can also check the forums that are dedicated to AoS. Then decide the appropriate path you wish to take. Good luck.

Edited June 2, 2010 by Married2009

[jedinight 0]

I came here on a tourist 6 month visa to see my girlfriend and meet her family (I’m a British citizen living in Greece for the last 7 years) and had all intension of going back to Greece. My visa expires on 6th June. 30 days ago I proposed to my girlfriend and on 22 may we were married.

The question is what do I do now. what forms do I need to fill out so that I'm able to stay here. I want to do everything by the book, I'm so scared and confused that I may go about this the wrong way and be separated from my wife. I'm quite happy to become a US citizan as long as I'm with her.

If you could advice me or send me a link that would be such a help

Many thanks Jack

This information is a great help many many thanks to all that have read my request for help and posted advice Edited June 2, 2010 by jedinight

[jedinight 0]

You are quite a ways away from becoming a US citizen. You will be come a permenant resident first. Since you did not have intentions to marry and stay in the US, you can adjust your status. Have your USC wife file the I-130, I-485, G-325, the supporting documents and decide whether you want to file for your employment and travel documents (follow the guides for adjustment of status).

I would file as soon as possible to avoid falling out of status from your tourist visa

Good luck

Thx for the advice

[Darnell 8,478]

If you have no plans to leave the usa whilst waiting for a CR-1 visa - you should file for AOS (instead) - see

http://www.visajourney.com/content/i130guide2

Please disregard Christi85's advice about the K-3 - that option is effectively dead.

[SabrinaFrance 8]

If filing on a tourist visa is indeed allowed, then you might want to take a trip outside the US for a few days or weeks, and then return, starting your new 6 months on the tourist visa afresh. The problem with that is that the Immigration Officer at the airport could pick you up as trying to stay there to work illegally, if they see the stamps on your passport having dates so close to each other and you're seen to have stayed a whole 6 months the first time. You get what I mean.

I'd choose the safe option to be honest.

Anybody correct me on that one if I am wrong, but I think it is a really bad idea to leave the States now, and re-enter on a tourist visa to adjust status as he is already married to an USC, wouldnt it be considered fraud?

best road to go is either CR1 spouse visa, but need to go back to Greece or UK for that; or directly adjust status and stay in the US until the receipt of GC.

[Darnell 8,478]

If filing on a tourist visa is indeed allowed, then you might want to take a trip outside the US for a few days or weeks, and then return, starting your new 6 months on the tourist visa afresh. The problem with that is that the Immigration Officer at the airport could pick you up as trying to stay there to work illegally, if they see the stamps on your passport having dates so close to each other and you're seen to have stayed a whole 6 months the first time. You get what I mean.

I'd choose the safe option to be honest.

The phrase, bolded above, is the highest risk you could offer up as advice.

Seriously. As is, he doesn't have to leave the USA - he needs to file the AOS package, instead.

[Brother Hesekiel 2,236]

There it is . . . headache again!

Mate,

stay put here in the US until AOS is filed and completed.

You guys file I-485, I-131, and I-761 (the last one is a freebee) concurrently. It's so easy a caveman can do it. It will take several months until you can officially work and most likely you won't be able to get a SS number or US driver license before that either.

If you must return to Greece soon, you cannot come back with the B2 and file for AOS afterward without running the risk of a denial. In that case your wife would have to file a CR-1 for you.

Welcome to America!

[Christi85 86]

Sorry, I didn't mean to offer risky advice.

On the contrary, if you read my previous posts more carefully, you'll see that I'm all in favor of him actually leaving the States and filing for a CR-1 from outside the country which is THE legal way to go. He's not supposed to do this through a tourist visa, and for me this is the real risk (given that his tourist visa expires in just 4 days!!! - so not only is he going to apply on a visa that wasn't issued for this purpose in the first place, but he'll have overstayed his visa as well) - that's how I see it. But I see lots of people are actually advising him to go down this route, and it's obviously worked this way for people before, so up to him to decide. I'm just saying I wouldn't risk doing it - I mean, overstaying a visa and then trying to adjust status on that. Apologies to jedinight - I didn't mean to mislead.

Re the K3 - I've heard again and again that phrase that it's effectively dead. It's still offered as an option by USCIS though, so it is still an option. Although, again if you read my first post, you'll see that I'm saying it's practically unnecessary and it will only add time, stress and expenses to the process, so I've also encouraged him to go down the CR-1 route.

[canadian_wife 1,823]

There is nothing wrong, or illegal about him remaining in the US and adjusting status since the intent to marry and remain in the US was not there when he entered the US. Also, Christi85, the K3 is dead - USCIS has nothing to do with it. It is closed by NVC, but when it was alive, you never entered from a K3 and switched to a CR-1 once inside the states. Christi85 - begin reading about all the visa types and what happends when you enter the US so you are prepared to help others.

[sachinky 465]

Congratulations on your new marriage!

File for Adjustment of Status. Read the guides thoroughly and good luck!