How soon can we start the I-130?

[Comlink 0]

Hi everyone!

My girlfriend and I have decided to get married, and now we're trying to figure out the best (fastest yet legal) way to do so. She's currently here on her second J-1 for the summer, isn't subject to the 2-year rule, and we've got proof of a relationship out the wazoo.

The only real issue we have is, get married this summer then do a immigrant visa, or wait till she goes back and start a K-1?

I'd rather do a real immigrant visa so she can work when she gets here, so my question is if we start the process now and she's here for another two months, is that ok? Does she actually have to be out of the country for the visa process to start, or does she just have to be back home for the inevitable interview and such? It would be nice to be together for two of the months we have to wait at least.

[Amit-N-Melody 11]

I am sure someone will come along that can answer this exactly... but if she is here on a J1 I would think that you could get married and then file an AOS..

[Comlink 0]

Well I thought of that too... but the whole "if we think you're lying you're banned forever" thing sorta scares me. I have no idea what she said to the IO when she got here, and we definitely had a relationship before she came this summer. I'd love it if she didn't have to leave, and we didn't actually intend to marry before now... but the risk seems high.

[Deputy Purple 1,294]

I think that you'd have something to worry about if:

She entered on her first J-1, met you and married in a short period of time

or

You and her were in a long term relationship before her first entry into the US, she entered on a J-1 and never followed the original intent of that Visa.

I wouldn't worry too much as this is her second J-1 and she didn't have intent to immigrant when she entered. Marry her & AOS.

[Comlink 0]

I think that you'd have something to worry about if:

She entered on her first J-1, met you and married in a short period of time

or

You and her were in a long term relationship before her first entry into the US, she entered on a J-1 and never followed the original intent of that Visa.

I wouldn't worry too much as this is her second J-1 and she didn't have intent to immigrant when she entered. Marry her & AOS.

Interesting.. would save $1500 or there abouts also... I'll have to discuss this avenue with her.

[ValerieA 350]

It is the cheapest and fastest option. I don't see you having intent issues.

[Amit-N-Melody 11]

why dont you ask a user name Sachinky what she would do... I believe that she was in a similar situation as you, and she choose to go back to her country, mary and then file an I-130 and I know that she use to complain that she shouldnt of done that... that she should of married in the us and then just filed and AOS... that way you wouldnt have to be apart...

[Comlink 0]

I'm grateful for the replies so far, and it's definitely opened up another avenue, but back to my original question:

Can we file an I-130 while she is still in-country with me, or do we have to wait until she's back in Russia?

[Deputy Purple 1,294]

I'm grateful for the replies so far, and it's definitely opened up another avenue, but back to my original question:

Can we file an I-130 while she is still in-country with me, or do we have to wait until she's back in Russia?

Yes you can file while she's in the US. As long as her current I-94 is valid and she doesn't overstay by more than 180 days there is not re-entry ban when she leave to do her Medical & interview in Russia.

[Irina & Jason 0]

why dont you ask a user name Sachinky what she would do... I believe that she was in a similar situation as you, and she choose to go back to her country, mary and then file an I-130 and I know that she use to complain that she shouldnt of done that... that she should of married in the us and then just filed and AOS... that way you wouldnt have to be apart...

I fully agree with you... Being apart is such a torture for me and my fiancé... But we don't give up.

This is what Jason (fiancé) says about that: "Don’t feel bad about our situation, Love. Instead feel bad for ordinary couples that never get the chance to realize how important their love is. We will be an extraordinary couple. A couple that will always remember the pain our hearts endured in order to be happy."

[Simmy 3]

Commlink,

I'm fully in the same boat as you -- visitng my GF here in the US. Realized we wanted to marry, just about to do that -- but then, apply for CR-1, stay here while waiting for the interview, and then come back to live, OR, apply for AOS right here right now? Did you make a decision on this. I'm leaning to the former because I have the same concerns as you of them not seeing the marriage as legit, even though it fully is, to the officers I think it may look fishy nonetheless.

Given that I can stay here while waiting for the CR1 interview, it seems the only benefit the AOS route would offer would be less fees, but not really worth the risk.

What was your conclusion?

Thanks,

Simmy

Edited July 27, 2010 by Simmy