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I want to marry my gf who's visiting USA on a tourist visa. Please help!

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My gf is from costa rica.

we've been together for over 7yrs in costa rica. I recently moved back to the US last year.

she's been visiting the US a few times a year

this time when she arrived on Jun 10, customs only allowed her to stay 2 weeks. And told her she needs to stay out of the US for 6 months when she leaves on June 26th.

What is my best option and quickest process?

Get married now while she's visiting me on a tourist visa, and adjust her status

Get married in USA, when she leaves, get a K3 visa

Wait 6 months. When she visits again, get married during her visit and adjust her status

Please help!

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My gf is from costa rica.

we've been together for over 7yrs in costa rica. I recently moved back to the US last year.

she's been visiting the US a few times a year

this time when she arrived on Jun 10, customs only allowed her to stay 2 weeks. And told her she needs to stay out of the US for 6 months when she leaves on June 26th.

What is my best option and quickest process?

Get married now while she's visiting me on a tourist visa, and adjust her status

Get married in USA, when she leaves, get a K3 visa

Wait 6 months. When she visits again, get married during her visit and adjust her status

Please help!

If you're going to go down the status adjustment route you'll have to do it while she's in the US with you on THIS trip.

For her to go home for six months and then re-enter the US intending to adjust status is fraud.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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The K-3 is tantamount to obsolete; even if you apply for one you are highly unlikely to get it.

Your third option, since you are planning it now, would be considered immigration fraud.

Adjusting now is probably the way to go; that or getting married and filing for a CR-1 if you are prepared to be apart for a time.


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thank you for all you help.

So getting married while in the USA now and adjusting status is the best and quickest route?

Getting married now, and asking for a visa after she leaves is a longer process? She has less rights since she's outside the USA?

I have not asked her to marry me yet, not even sure if she will say yes. I just want to see what are my options.

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thank you for all you help.

So getting married while in the USA now and adjusting status is the best and quickest route?

Getting married now, and asking for a visa after she leaves is a longer process? She has less rights since she's outside the USA?

I have not asked her to marry me yet, not even sure if she will say yes. I just want to see what are my options.

As long as she's prepared that if you do AOS on this trip then she wont be able to go home for at least 3 months afterwards.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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thank you for all you help.

So getting married while in the USA now and adjusting status is the best and quickest route?

Getting married now, and asking for a visa after she leaves is a longer process? She has less rights since she's outside the USA?

I have not asked her to marry me yet, not even sure if she will say yes. I just want to see what are my options.

Maybe you should worry about at least asking her first. Yes getting married and leaving she has no rights or obligations to rights, she isn't a citizen or green card holder, just married to a citizen.

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If I marry my gf today while she's in the US with her tourist visa, can she come back to the US using her tourist visa after 6 months?

Will the gate agent know that we are married when she comes to the US?

What if I filed an AoS sometime in the future while she's visiting with a tourist visa. Will that be a problem?

what is better:

Marry my gf today, and filing an AoS since she's here.

Marry my gf today, she leaves for the US for 6 months. When she visits me again, convince her to stay and file an AoS?

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If I marry my gf today while she's in the US with her tourist visa, can she come back to the US using her tourist visa after 6 months?

Will the gate agent know that we are married when she comes to the US?

What if I filed an AoS sometime in the future while she's visiting with a tourist visa. Will that be a problem?

what is better:

Marry my gf today, and filing an AoS since she's here.

Marry my gf today, she leaves for the US for 6 months. When she visits me again, convince her to stay and file an AoS?

1) It's always up to the CBP. Without a doubt? I cannot answer that. Maybe? Yes. Most likely? I don't know? She may be asked to provide proof of her ties to her home country since she seems to be able to visit a lot.

2) Gate agent? I doubt it as they just take tickets. Will CBP? No but she should be truthful in her answers. For instance, whenever I visited the USA and was asked the purpose of my visit, I said "I'm visiting my husband." Sure I could say "vacation" but would that have been the real truth as I know it? No. The only reason for me to vacation was to visit my husband. I could have said it but I knew it could lead to more questions like, "where are you going? who are you visiting? What will you be doing?" So why not just state the entirety of the truth.

3) Yes, that is visa fraud. It is illegal to intend to use a tourist visa to immigrate. You do not file the AOS, she does. It is her status to adjust, not yours. You petition for her to be allowed to do so.

4) A is legal. B is not.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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If you're going to go down the status adjustment route you'll have to do it while she's in the US with you on THIS trip.

For her to go home for six months and then re-enter the US intending to adjust status is fraud.

ya, *this trip* is the important bit.

Suggest she not leave until green card in hand.

Even if you two marry after the I-94 expiration date, then file for an adjustment of status,

the overstay is automagically forgiven by USCIS when the green card is issued.


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thank you for all you help.

1. So getting married while in the USA now and adjusting status is the best and quickest route?

2. Getting married now, and asking for a visa after she leaves is a longer process? She has less rights since she's outside the USA?

I have not asked her to marry me yet, not even sure if she will say yes. I just want to see what are my options.

1. yes

2. yes / yes


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 !

2mzcunl.gif

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If she is her in USA with a Tourist Visa, I was under the impression that you can marry her and then legally have her stay here in USA with you while she adjust status.

She can, this trip. She cannot leave and then come back intending to immigrate. The CBP would deny entry with the truth and lying is illegal.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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-=_this trip_=-

is very important label.

time, timing, scheduling and calendar all hinge around it.

logistics might be overwhelming, but it is what it is.


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 !

2mzcunl.gif

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If she has brought everything she needs to live in the US for the next x amount of months it is going to take to AOS then yes. Unfortunately most visitors aren't able to just stay and leave jobs and committments at home.

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I know someone who did this maybe two years ago. They actually had a church wedding overseas, then traveled to the US, & had another US wedding & they must have changed everything once they got to the US for her to be on a spousal visa. I remember her posting a picture about it on FB with some government paper. It was also over 2 years ago, though.

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