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thejourney2015

Just married on tourist visa. Need help.

By thejourney2015 in IR-1 / CR-1 Spouse Visa Process & Procedures

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thejourney2015 Newbie

thejourney2015   0

Posted
Filed: Timeline
Posted

I'm a British citize, I'm now married to an American citizen. I've been with her since April 2013. We got engaged February 2014. And we recently got married spontaneously in NYC. We married whilst I was visiting on my tourist visa. It wasn't planned at all. We have been together twice in Atlanta and we had a vacation in Orlando August 2014. Our relationship is as real as gold.

What should I do now that we are married? What should we do? This was not the dream wedding we both so very wanted, but nonetheless we don't regret it.

Please give some helpful advice.

Thanks!! :)

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Pheebs1201 Proficient

Pheebs1201   269

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

If you are still in the US you can adjust your status. If not, you need to file for a CR-1 visa :)

There are forums and guides for both of these on Visa Journey. Good luck! :)

Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

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TBoneTX Grand Master

TBoneTX   43,058

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

*** Thread moved from K-1 Process forum to the CR-1 Process forum -- OP is married. Thread can be moved to appropriate AOS forum if OP is still in the U.S. ***

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Boiler Grand Master

Boiler   43,433

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Are you looking to stay?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

Did you overstay your tourist visa? Getting married does not change those requirements. If you did then you may have to go back and serve a ban unless you can get a waiver. If not, then you can go back and apply for a CR-1 visa or stay and attempt to AOS from here...your tourist visa requirements are not absolved during any of this.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
 Timeline
Posted (edited)

There are two options available for you.

If you are planning to return home, your spouse needs to file for a CR1 visa. The process should take about 12 months, during which you can come to the US and visit your spouse.

If you are planning to stay in the US you should start Adjustment of Status. If you go the route of AOS you won't be able to leave the US or work for approximately 4-5 months, which means you wont be able to return home to quit your job and get your affairs in order.

You can find the necessary instructions and forms for both cases in the guides. Here is the link: http://www.visajourney.com/content/guides

Congrats & good luck!

I'm a British citize, I'm now married to an American citizen. I've been with her since April 2013. We got engaged February 2014. And we recently got married spontaneously in NYC. We married whilst I was visiting on my tourist visa. It wasn't planned at all. We have been together twice in Atlanta and we had a vacation in Orlando August 2014. Our relationship is as real as gold.

What should I do now that we are married? What should we do? This was not the dream wedding we both so very wanted, but nonetheless we don't regret it.

Please give some helpful advice.

Thanks!! :)

Edited by JohnR!

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www.ffrf.org




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Pheebs1201 Proficient

Pheebs1201   269

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

Did you overstay your tourist visa? Getting married does not change those requirements. If you did then you may have to go back and serve a ban unless you can get a waiver. If not, then you can go back and apply for a CR-1 visa or stay and attempt to AOS from here...your tourist visa requirements are not absolved during any of this.

From what I've read here on VJ I believe if they can prove they did not enter with the intent to marry, which is relatively easy if nobody asked them about marriage intentions at their POE, then AOS should be fairly achievable. So this is not necessarily the case.

Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

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JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
 Timeline
Posted

Marriage to a USC does away with the overstay ban. I don't think that to be the case here, but even if it were, USC spouses can get the waiver before they leave the US.

Did you overstay your tourist visa? Getting married does not change those requirements. If you did then you may have to go back and serve a ban unless you can get a waiver. If not, then you can go back and apply for a CR-1 visa or stay and attempt to AOS from here...your tourist visa requirements are not absolved during any of this.

200px-FSM_Logo.svg.png


www.ffrf.org




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Teddy B Grand Master

Teddy B   17,251

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
  • Popular Post
Posted

Did you overstay your tourist visa? Getting married does not change those requirements. If you did then you may have to go back and serve a ban unless you can get a waiver. If not, then you can go back and apply for a CR-1 visa or stay and attempt to AOS from here...your tourist visa requirements are not absolved during any of this.

Yes it does. Telling someone who overstayed their tourist visa to leave the country after marrying a USC is bad advice. If they leave they will more than likely be subject to a ban. If they stay they can simply apply to adjust their status to an LPR and there more than likely won't be any problems. All overstays are forgiven with marriage to a USC.

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baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

I stand corrected. Yes VWP users do enjoy this freedom to AOS if they marry a USC, and don't have to leave the US to do so.

Do know that you can not legally work until you obtain the EAD or GC and if you leave the US before you have the AP or GC, you may not be allowed back in, even on a VWP.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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thejourney2015 Newbie

thejourney2015   0

Posted
Filed: Timeline
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Did you overstay your tourist visa? Getting married does not change those requirements. If you did then you may have to go back and serve a ban unless you can get a waiver. If not, then you can go back and apply for a CR-1 visa or stay and attempt to AOS from here...your tourist visa requirements are not absolved during any of this.

I did not overstay. Does that change anything?

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