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My fiance came here on a 6 month visa from Jamaica my question is should we decide to get married here or in Jamaica would the process of getting him on the road towards his proper documentation longer or shorter depending on where we decide to get married. He is to return to Jamaica in November once we marry and start sending in all these forms is he able to stay here legally until everything becomes approved.we have so many people telling us all types of different ways things can go I just need some clarification as to what we should expect any advice will be great appreciated as I am starting to feel a bit lost and confused with this entire process.

Thank you all in advance

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My fiance came here on a 6 month visa from Jamaica my question is should we decide to get married here or in Jamaica would the process of getting him on the road towards his proper documentation longer or shorter depending on where we decide to get married. He is to return to Jamaica in November once we marry and start sending in all these forms is he able to stay here legally until everything becomes approved.we have so many people telling us all types of different ways things can go I just need some clarification as to what we should expect any advice will be great appreciated as I am starting to feel a bit lost and confused with this entire process.

Thank you all in advance

There's two options:

1. He goes home and you file for K1 fiance visa.

2. You get married and he goes home and you apply for spousal visa.

Getting married now and he stays would be abusing whatever visa he is on now.






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We didn't plan for this we met last year and we decided not to do the long distance relationship when he went back home but as soon as he came back we picked up where we left off and decided to go for it I just don't want to get us in any type of legal issues where he may get stuck having to choose between here and Jamaica or not being able to wk because he doesn't have the proper documentation

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*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum. ***


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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We didn't plan for this we met last year and we decided not to do the long distance relationship when he went back home but as soon as he came back we picked up where we left off and decided to go for it I just don't want to get us in any type of legal issues where he may get stuck having to choose between here and Jamaica or not being able to wk because he doesn't have the proper documentation

its your choice. either he stays and adjusts which will give him proper documents to work and live here if approved. or he goes back home and you choose which visa you want to apply for.

longer or shorter. if he stays here and you adjust he gets work permit and travel documents until he greencard is approved. if he leaves it can take 6 months to a year with either k1 visa or spousal visa.

aren't you happy you can choose? lol

and cheer up don't feel lost or confused just sit with him and decide which process works for both of you.

Edited by ItsGonnaBeWorthIt

USCIS : 7 months
Marriage : March 21, 2014
I-130 Sent : April 18, 2014
I-130 NOA1 : April 22, 2014
I-130 Approved: November 14, 2014 
after two service request

NVC6 months
Received : December 1, 2014
Received DS-261 / AOS Bill : January 1, 2015
Pay AOS Bill : January 9, 2015
Submit DS-261 : January 7, 2015
Receive IV Bill : January 15, 2015 
called after AOS showed paid, they released it overnight)
Pay IV Bill : January 23, 2015
Send IV and AOS: January 29, 2015
Scan date: February 3, 2015
Checklist: March 19, 2015
 (only need to send south Africa police report)
Case Complete: June 3, 2015 

EMBASSY: 10 months
Interview appointment letter : December 4, 2015
Interview Date : January 21, 2016 
medical wasn't complete
Second interview date: April 4th 2016
Interview Result :APPROVED!!!

Visa Received : 4/13/2016 ( they sent us a email stating our visa was ready for pick up)

USA LIFE
US Entry :4/29/2016 
Social Security : 5/10/2016 (filed from the actual office)
State ID: 5/14/2016
Started working!!: 5/25/2016
Finally paid green card fee: 6/24/2016 ( note said we will receive it within 60 days)
Green card in hand: 7/5/2016 10 year green card we done!! 

1st king born: 6/30/2016

April 2017 update: Marriage still going strong, baby boy getting bigger. Life is good 

 

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He came there with a tourist visa right? So if he gets married there or anything u are abusing u.s laws and u don't want to ride that horse. So I suggest u to respect the visa. And start filing both for k1 visa ASAP since he is there. We were in the same situation and we chose k1. They don't care if u didn't plan marriage or not cuz nobody is that stupid to admit 'yes we planned it' u know what I mean? Also K1 takes 2-3 months. We got approved for 40 days and now waiting for the embassy process. Better sacrifice a couple of months and be together than doing things now out of rush and illegally.

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Hey I'm Jamaican too. I have researched a lot before my husband I decided. Honestly by what I have seen by him staying there with the intention to apply and aos. It's actually by US Law ...fraud. I have read people get through but not everyone's luck the same. If you guys are already married. I suggest you let him go home and do the cr1 spouse visa. Do your research before you regret anything ...good luck

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Wrong. Perfectly legal to stay and adjust providing that it was not the plan on entry. It is not abiding his visa to AoS otherwise USCIS would not allow it.

Wrong. Just because people do it all the time doesn't mean it's not abuse of visa.






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Wrong. Just because people do it all the time doesn't mean it's not abuse of visa.

If it was abusing it it would not be legal. USCIS has deemed it a perfectly legal process and many VJers have gone through aos without issue.

OP you choose whatever route you think is best.

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I have seen 1 person get denied from adjusting from a tourist visa and I don't even think it was because of the main point of adjusting from a tourist visa think it was other issues but all in all one out of 15 months I been on this site just 1.. and If there are more then so be it but im weighing the odds here.

HOWEVER I have seen 100s get denied K1 visa and CRI1 IR1 visa in their home countries especially the ones that's high fraud. all im saying is the whole point of this whole process is to be with our spouses and if USCIS deems it right that someone can adjust from tourist visas that have not committed any fraud then they should so do.

its up to her and her husband what they should decide. so I think we should answer the question with facts and not emotional backgrounds. and yes her husband may be questioned harder but he will be question hard in his home country as well so this means nothing really , and yes it can be denied and it also can be denied in his home country as well. same thing for both processes

fact:

if you decided to marry and adjust before you came to the USA its immigration fraud

if you did not decide to marry and adjust before coming you can by all means adjust his status and he can legally stay in the USA if approved

if you decide that its best to go home then file for a visa then you are free to do so and he will be interviewed in his home country and they will approve or deny

those are you options choose whichever works!

Edited by ItsGonnaBeWorthIt

USCIS : 7 months
Marriage : March 21, 2014
I-130 Sent : April 18, 2014
I-130 NOA1 : April 22, 2014
I-130 Approved: November 14, 2014 
after two service request

NVC6 months
Received : December 1, 2014
Received DS-261 / AOS Bill : January 1, 2015
Pay AOS Bill : January 9, 2015
Submit DS-261 : January 7, 2015
Receive IV Bill : January 15, 2015 
called after AOS showed paid, they released it overnight)
Pay IV Bill : January 23, 2015
Send IV and AOS: January 29, 2015
Scan date: February 3, 2015
Checklist: March 19, 2015
 (only need to send south Africa police report)
Case Complete: June 3, 2015 

EMBASSY: 10 months
Interview appointment letter : December 4, 2015
Interview Date : January 21, 2016 
medical wasn't complete
Second interview date: April 4th 2016
Interview Result :APPROVED!!!

Visa Received : 4/13/2016 ( they sent us a email stating our visa was ready for pick up)

USA LIFE
US Entry :4/29/2016 
Social Security : 5/10/2016 (filed from the actual office)
State ID: 5/14/2016
Started working!!: 5/25/2016
Finally paid green card fee: 6/24/2016 ( note said we will receive it within 60 days)
Green card in hand: 7/5/2016 10 year green card we done!! 

1st king born: 6/30/2016

April 2017 update: Marriage still going strong, baby boy getting bigger. Life is good 

 

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Its OK & legal to get married during a visit, then honor the visa by going home to follow the rules

Many have adjusted state-side on tourist but its illegal & some do get denied (puss & dog have different luck)

Its fraud to plan on using the tourist visa to immigrate, if its done he cannot work for a while bear in mind.

At the end of the day couples are gonna do what they please even after scouting around on options.

Its your decision to make also bear in mind if he marries & go back to JA with a valid visa he can still visit you

untol the hourney ends.

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Its OK & legal to get married during a visit, then honor the visa by going home to follow the rules

Many have adjusted state-side on tourist but its illegal & some do get denied (puss & dog have different luck)

Its fraud to plan on using the tourist visa to immigrate, if its done he cannot work for a while bear in mind.

At the end of the day couples are gonna do what they please even after scouting around on options.

Its your decision to make also bear in mind if he marries & go back to JA with a valid visa he can still visit you

untol the hourney ends.

Aos stateside is not illegal.

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