Jump to content
Sign in to follow this  
Gperry

Help.. she's here on a visa can we Marry now and apply for green card?

46 posts in this topic

Recommended Posts

Ok.. thanks in advance. Please please tell me there is a good answer.

I'm not sure what to do. My girlfriend is a citizen of El Salvador has been in the US on a 2 year visa learning English at University and also as a nanny part of a program. Her visa is up and she is supposed to leave in mid December.

We have been together for about 6 months and there is no doubt in my mind that she is the one. I knew that the first minute I met her. Never have either of us had this type of connection. We drive every weekend to see one another and spend every night on the phone.

Since she is traditional we had talked about my traveling to El Salvador to meet her parents and ask for her hand in marriage. However, the more I read the more concerned I become.

Can we marry in the USA and then petition for a green card? We don't want to be separated.. we're dearly in love and want to start our lives together. I know it might sound crazy, but we've wanted to elope from the day we met. Neither of us have a substantial amount of money in this economy so we just feel like we need each other. I've dated and womanized so many different women that I never believed it, but I've met the one.. and when you know.. you just know.

Please provide advice and options. Also both of us have close to elderly parents. Even though I'm 10 years older than my girlfriend my Dad is 65 and her Dad is 80. So, there is some concern about being able travel to meet and visit family if we marry her and she is stuck during green card process. We are after all wanting to build a family.

JFG

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

Ok.. thanks in advance. Please please tell me there is a good answer.

I'm not sure what to do. My girlfriend is a citizen of El Salvador has been in the US on a 2 year visa learning English at University and also as a nanny part of a program. Her visa is up and she is supposed to leave in mid December.

We have been together for about 6 months and there is no doubt in my mind that she is the one. I knew that the first minute I met her. Never have either of us had this type of connection. We drive every weekend to see one another and spend every night on the phone.

Since she is traditional we had talked about my traveling to El Salvador to meet her parents and ask for her hand in marriage. However, the more I read the more concerned I become.

Can we marry in the USA and then petition for a green card? We don't want to be separated.. we're dearly in love and want to start our lives together. I know it might sound crazy, but we've wanted to elope from the day we met. Neither of us have a substantial amount of money in this economy so we just feel like we need each other. I've dated and womanized so many different women that I never believed it, but I've met the one.. and when you know.. you just know.

Please provide advice and options. Also both of us have close to elderly parents. Even though I'm 10 years older than my girlfriend my Dad is 65 and her Dad is 80. So, there is some concern about being able travel to meet and visit family if we marry her and she is stuck during green card process. We are after all wanting to build a family.

JFG

Good day..First of all..I'm a K1 visa filer..hmm..as what i have read..if ever, you will marrye her since she is there, after your marriage, you might be able to file for CR1/IR1 visa for her(coz you two are married)..but she will still need to come back to her home country after your marriage during the whole process...you can read this link..

http://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas

hope we were able to help..if the infos I posted are wrong, please do feel free to correct them...God bless!!.. :thumbs::D:D


* K1 Journey

2009-12-09 -met online

2009-23-09 -became a couple(was so happy:)

2010-21-03 -visited Philippines(spent wonderful times together)

2010=27-03 -engaged(Yes!!)

2010-09-04 -went back to US :(

2010-29-04 -Filed I-29F

2010-04-05 -Received NOA1

2010-12-07 -NOA2 approved

2010-18-07 -Received NOA2 hardcopy

2010-26-07 -US Embassy(Manila) received our petition!!..(yahoo!!)

2010-04-08 -HAPPY BDAY MATT!!

2010-18-08 -Medical Exam-PASSED!!..God is so good!!

2010-26-08 -Interview @ USEmbassy- APPROVED( Thank you Lord!)

2010-03-09 -Got my Visa in Hand!!..Yepey..Thank God!!..

2010-17-09 -POE:SFO,CA

2010-23-10 -Wedding @ Springfield, MO

* AOS Journey

2010-07-12 -Filed for AOS & EAD(USPS Express Mail)

2010-08-12 -USCIS received the package

2010-14-12 -Received text & email from USCIS that they accepted our AOS & EAD Application..HAPPY BDAY MARIA!!

2010-20-12 -Got our NOA1 letters in the mail for our I-485 & I-765...A wonderful Christmas gift for us!!

2011-19-01 -Received Biometrics schedule!!

2011-07-02 -Biometrics done!!..thanked God!!

2011-17-03 -AOS Interview..APPROVED!!

2011-24-03 -GREENCARD received!!..it's green indeed!!..lol..

Share this post


Link to post
Share on other sites

Ok.. thanks in advance. Please please tell me there is a good answer.

I'm not sure what to do. My girlfriend is a citizen of El Salvador has been in the US on a 2 year visa learning English at University and also as a nanny part of a program. Her visa is up and she is supposed to leave in mid December.

We have been together for about 6 months and there is no doubt in my mind that she is the one. I knew that the first minute I met her. Never have either of us had this type of connection. We drive every weekend to see one another and spend every night on the phone.

Since she is traditional we had talked about my traveling to El Salvador to meet her parents and ask for her hand in marriage. However, the more I read the more concerned I become.

Can we marry in the USA and then petition for a green card? We don't want to be separated.. we're dearly in love and want to start our lives together. I know it might sound crazy, but we've wanted to elope from the day we met. Neither of us have a substantial amount of money in this economy so we just feel like we need each other. I've dated and womanized so many different women that I never believed it, but I've met the one.. and when you know.. you just know.

Please provide advice and options. Also both of us have close to elderly parents. Even though I'm 10 years older than my girlfriend my Dad is 65 and her Dad is 80. So, there is some concern about being able travel to meet and visit family if we marry her and she is stuck during green card process. We are after all wanting to build a family.

JFG

If you get married now and apply right away you can adjust status. Because she will be adjusting from a non-immigration visa, it is recommended that she does not travel until the green card is received even though should could get AP. A BP officer may deny entry and the AOS petition would be considered abandoned. If all goes well you can expect the process to take 4-6 months.

However, if she were to leave the country before filing, she would only be able to immigrate on an immigration visa (K-1 or CR-1/IR-1).


keTiiDCjGVo

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline

Ok.. thanks in advance. Please please tell me there is a good answer.

I'm not sure what to do. My girlfriend is a citizen of El Salvador has been in the US on a 2 year visa learning English at University and also as a nanny part of a program. Her visa is up and she is supposed to leave in mid December.

We have been together for about 6 months and there is no doubt in my mind that she is the one. I knew that the first minute I met her. Never have either of us had this type of connection. We drive every weekend to see one another and spend every night on the phone.

Since she is traditional we had talked about my traveling to El Salvador to meet her parents and ask for her hand in marriage. However, the more I read the more concerned I become.

Can we marry in the USA and then petition for a green card? We don't want to be separated.. we're dearly in love and want to start our lives together. I know it might sound crazy, but we've wanted to elope from the day we met. Neither of us have a substantial amount of money in this economy so we just feel like we need each other. I've dated and womanized so many different women that I never believed it, but I've met the one.. and when you know.. you just know.

Please provide advice and options. Also both of us have close to elderly parents. Even though I'm 10 years older than my girlfriend my Dad is 65 and her Dad is 80. So, there is some concern about being able travel to meet and visit family if we marry her and she is stuck during green card process. We are after all wanting to build a family.

JFG

Yes, you may simply marry and adjust her status if she stays. If the two of you go to El Salvador then come back, marry and attempt to adjust status, that's a different kettle of fish that gets far more complicated.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites

If she is supposed to leave on December 15th... how far before that must we marry and file for the change in status??

Since we haven't planned a wedding or a date to elope is there a cutoff? I mean.. do we need to do this 30 days before that date... do the documents need to be processed? Can anyone give me an idea for a timeline.

I'd like to consider if we are going to plan a wedding that involves family ( money is tight ) or just be married so we can be together ( which is what we really care about ).

Thank you thank you soooo much.

JFG

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

In my opinion, the closer you marry and adjust status to the date she is supposed to leave, the more it looks like you are marrying her to keep her in the US. If you are SURE, why not marry now and adjust her status? No elaborate wedding necessary, a simple courthouse wedding will do fine

Good lcuk


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

*** n ot a K-3 visa topic, moving to AOS forum ***


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: India
Timeline

If she is supposed to leave on December 15th... how far before that must we marry and file for the change in status??

Since we haven't planned a wedding or a date to elope is there a cutoff? I mean.. do we need to do this 30 days before that date... do the documents need to be processed? Can anyone give me an idea for a timeline.

I'd like to consider if we are going to plan a wedding that involves family ( money is tight ) or just be married so we can be together ( which is what we really care about ).

Thank you thank you soooo much.

JFG

Canadian_wife is bang on the money, as always. Get a "legal" wedding done as soon as practical. Just go to the courthouse and have a registered marriage. As far as the USCIS is concerned, the date on the marriage certificate issued by a US courthouse is your marriage date, not the day you two have the actual church ceremony.

Apply for AOS immediately after. That will give you about 3 months before her visa expires. She can stay on in the country while the AOS is pending. You two can go back to El Salvador and have the more traditional wedding later, with family and friends, after the visa process is over.

If she returns to El Salvador and you get married outside the country, it might take her 5-8 months to get back in the US. Don't go there brother... :no:

Share this post


Link to post
Share on other sites

*** n ot a K-3 visa topic, moving to AOS forum ***

The only reason we would wait until the end is because her education program will end and she will have fulfilled her obligations and because of the absolute shock from our family members. I guess you sometimes have to do what is best for you and your future!

Thank you everyone! Know we will be posting more once we start a process officially.

JFG

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

The only reason we would wait until the end is because her education program will end and she will have fulfilled her obligations and because of the absolute shock from our family members. I guess you sometimes have to do what is best for you and your future!

Thank you everyone! Know we will be posting more once we start a process officially.

JFG

A reason to marry and file this week, instead of 2 days before her current visa expires -

is to 'appear' that one is not getting married for immigration purposes.

But hey - ask around, get more input. Seriously.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

Before we jump the gun, exactly what sort of visa did she enter the US with? Some student visas have a two year residency requirement; i.e., they require the alien to return to their home country for two years before applying for any immigration benefit from the US government.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites

Before we jump the gun, exactly what sort of visa did she enter the US with? Some student visas have a two year residency requirement; i.e., they require the alien to return to their home country for two years before applying for any immigration benefit from the US government.

I hope it isn't that type and it very well could be. Now that you say something I'm worried and think it might be. In that case is there anything that will supercede the two years? Or would that overrule any of our options?

Share this post


Link to post
Share on other sites

I hope it isn't that type and it very well could be. Now that you say something I'm worried and think it might be. In that case is there anything that will supercede the two years? Or would that overrule any of our options?

OK.. IT's a J1 STUDENT EXCHANGE VISA... crossing fingers.. praying praying.

Share this post


Link to post
Share on other sites

Does the J1 have a home residency requirement?


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...