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torek

Stay and do AOS or go back and file from home countr

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Filed: Timeline

Hey guys

I'm new.

My boyfriend proposed to me the other day (!!!) and want to start a life together. We've been together while I was at school (I've been in the states for the past three years on a student visa, now I'm just visitng on a tourist/ESTA visa) , and things have been shaky because of long distance, but now he wants to seal the deal and start a life here.

The thing is, we don't have a shared bank account and such yet, but we have other evidence in terms of photos. Also, my tourist visa expires the 15th of December!

So as I see it, we have two options, but would like advice on what makes most sense:

Get married now, file and stay here in the states.

Cons:
- Not enough 'evidence' yet, like joint bank statement

- Suspicious filing so soon after wedding?

- I'm going to get an 'overstay' since we probably won't get in all the papers before 15th of December (we might but does that make a difference?)

Pros:

- we can stay together!

Filing from my home country:
Cons:

- Have no idea what the waiting time is like

- Might get rejected for some reason, then what? Will I ever be able to visit my future husband?

- More of a hassle?

Pros:
- Might be the 'right' way to do it?

We wanna do this without a lawyer but that might be impossible?

Edited by torek

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Filed: K-3 Visa Country: Thailand
Timeline

Hey guys

I'm new.

My boyfriend proposed to me the other day (!!!) and want to start a life together. We've been together while I was at school (I've been in the states for the past three years on a student visa, now I'm just visitng on a tourist/ESTA visa) , and things have been shaky because of long distance, but now he wants to seal the deal and start a life here.

The thing is, we don't have a shared bank account and such yet, but we have other evidence in terms of photos. Also, my tourist visa expires the 15th of December!

So as I see it, we have two options, but would like advice on what makes most sense:

Get married now, file and stay here in the states.

Cons:

- Not enough 'evidence' yet, like joint bank statement

- Suspicious filing so soon after wedding?

- I'm going to get an 'overstay' since we probably won't get in all the papers before 15th of December (we might but does that make a difference?)

Pros:

- we can stay together!

Filing from my home country:

Cons:

- Have no idea what the waiting time is like

- Might get rejected for some reason, then what? Will I ever be able to visit my future husband?

- More of a hassle?

Pros:

- Might be the 'right' way to do it?

We wanna do this without a lawyer but that might be impossible?

No need for a lawyer. A lawyer is simply an information filter. They fill out the very same forms as you do which means they require you to give them the info anyway.

Married is married so no need to worry too much about the joint stuff right now. Once you are married the joint things become easier to put in place and you have plenty of time while the AOS processes.

Suspicious? No. You have to get married to do what you want anyway. What is in question is your intent at the point in time you entered the USA. Its seems to me that you didn't really know and are in fact thinking of returning to your country. This then indicates your previous intentions so I see no problem with the case.

Overstays are usually forgiven in such cases.

Wait time in your country? Probably 9 to 12 months.

Rejected? Or denied? No.

Visit? Maybe but its not certain.

Right way? Only you and your fiancé will know that based on your ability to be apart.

What to do?

Ask yourselves why USCIS even has a process where you can remain. Its is in fact a legal process that allows people to remain and change their legal status thru a legal process designed by USCIS. Why not just use that process to have what you want? Its really very simple. Just use the legal path which was custom designed for you to become a legal resident of this great country.

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