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I lived the last two years in Spain and met my boyfriend while living there. When I moved home this summer, he came with me on a tourist visa with ESTA. Since then, we have decided that we would like to get married and have him stay instead of returning to Spain without me (NOT our original plan). We have been reading high and low and are still terribly confused.

We have a variety of questions...he needs to leave by October 10th (16th if we change his flight), so there is a bit of a time crunch.

  • What form do we need? We assume it would be marrying a US citizen while we both reside here, but he's only here as a tourist. Does that still count as "residing"?
  • We turned in our marriage application today, but now we're worrying that there isn't enough time before we receive the certificate after the ceremony. Is it necessary to turn in our official marriage certificate that they return when we send in our forms? They said it will take about 2-3 weeks for it to be returned. We don't know if we need to turn the legal one they will send us or if our copies will do.
  • I am not currently employed so I won't be able to sponsor him. We have asked my mom to do it; what exactly are the legalities that will follow her? Financial support for 10 years if necessary?
  • When do we do the fingerprints? We have read that they contact you, but in other places it says that you make an appointment.
  • And finally, if we do get married but aren't able to complete the paperwork before he has to leave, will we have legal problems or will we just need to continue working on turning it in while he is there and I am here?

Thank you so much in advance-I am exhausted trying to work through it all, especially since the more I read, the more confused I become!

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Follow this guide http://www.visajourney.com/content/i130guide2

The sponsor responsibilities can be found in the i864 form and its instructions. Check on us is.gov for the form and more info on that

Good luck


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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~~Moved to AOS from Work, Student and Tourist Visas, from IR1/CR1 P&P - As the OP is in the US and their plans have changed~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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I lived the last two years in Spain and met my boyfriend while living there. When I moved home this summer, he came with me on a tourist visa with ESTA. Since then, we have decided that we would like to get married and have him stay instead of returning to Spain without me (NOT our original plan). We have been reading high and low and are still terribly confused.

We have a variety of questions...he needs to leave by October 10th (16th if we change his flight), so there is a bit of a time crunch.

  • What form do we need? We assume it would be marrying a US citizen while we both reside here, but he's only here as a tourist. Does that still count as "residing"?
  • We turned in our marriage application today, but now we're worrying that there isn't enough time before we receive the certificate after the ceremony. Is it necessary to turn in our official marriage certificate that they return when we send in our forms? They said it will take about 2-3 weeks for it to be returned. We don't know if we need to turn the legal one they will send us or if our copies will do.
  • I am not currently employed so I won't be able to sponsor him. We have asked my mom to do it; what exactly are the legalities that will follow her? Financial support for 10 years if necessary?
  • When do we do the fingerprints? We have read that they contact you, but in other places it says that you make an appointment.
  • And finally, if we do get married but aren't able to complete the paperwork before he has to leave, will we have legal problems or will we just need to continue working on turning it in while he is there and I am here?

Thank you so much in advance-I am exhausted trying to work through it all, especially since the more I read, the more confused I become!

If your goal is to adjust status while he's here, then yes you are going to use this guide: http://www.visajourney.com/content/i130guide2

If you're worried about time to get a copy of the certificate, ask the officiant if you can take the copy to the courthouse/county records office yourself. This will cut down on mail time and NORMALLY will allow you to have a copy of your marriage license after it's been registered with the county the same day you turn it in. We were married on Saturday, took the signed marriage cert to the court house on Monday and had a copy of it for AOS within 20 minutes.

Yes, proving your married (a copy of the marriage cert) is a requirement, there is more than just a form. This is what is listed on the link above, the guide for how to adjust status while in the US from a tourist/or other visa.

  • 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees.
  • 2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
  • 3. Form I-130: Petition for Alien Relative
  • 4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.
  • 5. A copy of petitioner's proof of naturalization. (If applicable)
  • 6. A copy of petitioner's proof of permanent residency. (If applicable)
  • 7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English
  • ) 8. A certified copy of your certified marriage certificate (again, translated if not in Engligh)
  • 9. A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before)
  • 10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)
  • 11. G-325A filled out by the US Citizen, signed and dated.
  • 12. One passport-type photo (see specification) of the US Citizen. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
  • 13. G-325A filled out by the foreign spouse signed and dated.
  • 14. One passport-type photo (see specification) of the foreign spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
  • 15. Evidence of a bonafide marriage (see note below for what to include)

Yes, your mom will be on the hook for the length of the GC or until he is naturalized.

They will send you an appointment letter and make the appointment for you in MOST cases.

If your soon-to-be husband leaves the country AFTER you have submitted the AOS application, then you have forfeited the application. You would then need to proceed with the CR-1 visa application, as to continue with the AOS application BOTH parties need to be present in the US. If you are planning to do the route where you apply while he's in the US, do not let him leave. Yes, he may fall out of status, but having him leave will have you restart the process all over again. Being out of status for a week or two in this case could be better financially and headache wise than having him leave and apply for a Spousal Visa.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension recieved (Courtesy Copy)

09/18/18 - Request for official 18 month extension
 

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I lived the last two years in Spain and met my boyfriend while living there. When I moved home this summer, he came with me on a tourist visa with ESTA.

Thank you so much in advance-I am exhausted trying to work through it all, especially since the more I read, the more confused I become!

Distinction, tourist visa or ESTA.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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ESTA -no visa required, ie visa requirement waived for <90-day stay. Tourist visa -B2 visa must be obtained from US embassy prior to travel.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Hi,

We are currently working to fill out the G-325A form that calls for the alien registration number. I have read that for fiances, the alien registration number listed on their form. Our problem is that we are going to marry without having the K-1 first. How/where do we do this?

Thanks!


Also curious about the File Number

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You're going for a K-1 visa? You can't marry before you get the visa then (well you can, but you have to cancel the i-129f petition/K-1 then and go for a spousal visa instead).

You get the alien registration number once you receive your NOA2. So if the beneficiary doesn't have an alien registration number from before, he/she puts "none" on that question on form g-325a when you file for the i-129f petition.

Edited by Scandi

K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC: 04-19-2019 earliest filing date

 

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Hi,

We are currently working to fill out the G-325A form that calls for the alien registration number. I have read that for fiances, the alien registration number listed on their form. Our problem is that we are going to marry without having the K-1 first. How/where do we do this?

Thanks!

Also curious about the File Number

Which visa are you apply for? Are you engaged and filing for K-1, or are you planning to marry and then filing CR-1? You can not marry and then file K-1.


Married: 5-July-2015
----------
I-130 Petition Sent: 11-May-2016
NSC Received (Our Priority Date): 12-May-2016
NOA2 Received: 30-September-2016 141 days for I-130 approval
**Note: We received four text messages at 6:45 AM CST (Friday) about our case status update. We never received an e-mail nor alert from the app**
NOA2 Hard Copy Received: 06-October-2016
----------
Petition Sent to NVC: 17-October-2016 17 days for petition to be sent to NVC
**No alert of any kind received for this update; saw the change by logging into USCIS website**
NVC Received: 21-October-2016 4 days to be received at NVC
NVC Case Number Assigned: 31-October-2016 10 days for case number to be assigned
**Called NVC on 2-November-2016 and she said case and invoice number had been assigned 31-October.**
NVC Welcome Letter Received: 3-November-2016 @ 12:10 AM 3 days from case number assigned until Welcome Letter received and invoices unlocked
IV and AOS Fees Unlocked: 3-November-2016 @ 7:00 AM
IV and AOS Fees Paid: 3-November-2016
DS-260 Unlocked: 7-November-2016 2.5 business days for DS-260 to be unlocked
DS-260 Submitted: 8-November-2016
AOS & IV Documents Sent: 9-November-2016
Scan Date: 14-November-2016 5 days to receive scan date due to a holiday/weekend
Medical expedite requested: 14-December-2016
Medical expedite approved at consulate: 19-December-2016 Expedite approved with consulate but denied at NVC; still need to wait for case complete
Case on Supervisor Review: 22-December-2016
Case sent to the Review Department: 13-January-2017
Case Complete: 24-January-2017     10 weeks and 2 days at NVC before case completed
Case arrived at consulate/CEAC status "Ready": 1-February-2017
Interview: 21-February-2017   We scheduled our own interview because we had an approved medical expedite with the consulate. By sheer luck we got such a quick interview date because someone cancelled their appointment less than 20 minutes prior
Interview Result: Approved!!
Visa Issued: 21-February-2017     Visa issued same day as interview
DHL tracking information received: 22-February-2017     DHL tracking number appeared 28 hours after interview, scheduled for delivery the next day
Visa in hand: 23-Feb-2017
US POE (Minneapolis): 26-Feb-2017
 
 
 
 

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Sorry, I wasn't clear. We are not engaged, we are skipping that step. He is here on the Waiver Program and are getting married without the K-1.

So we put "None" for the number since we haven't received one?

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Sorry, I wasn't clear. We are not engaged, we are skipping that step. He is here on the Waiver Program and are getting married without the K-1.

So we put "None" for the number since we haven't received one?

So you're not married yet but you're preparing the forms and intend to file after you get married, right? You'll be filing I-130 + I-485 (and maybe I-765 and I-131, too)?

They will assign an alien number after they receive the petition, if the person doesn't already have an alien number assigned to them from before. File number and A number are the same thing on the G-325A. Just leave it blank.

Edited by B&Z

My Convoluted Story (see my profile for more details)
Jun 2009 - Met on Facebook
Mar 2010 - Visited Morocco for the first time, got engaged
Dec 30, 2011 - Wedding in Morocco (5th visit)
I-130/CR-1 (first time around)
31 Aug 2012 - Priority Date (Vermont, transferred to NBC)
31 Dec 2012 - NOA2
27Jul 2013 - Broke up/Separation (while waiting for case complete at NVC)
9 Jan 2014 - Filed for divorce in US (never completed)
4 Apr 2014 - USCIS NOIR
May 2015 - Reconciliation
Nov 2015 - Vacation together in Spain (7th in-person visit with each other)
I-130/IR-1 (second time around)
4 Feb 2016 - Priority Date
19 Apr 2016 - NOA2

17 May 2016 - NVC Case Number Assigned

31 May 2016 - Sent AOS/IV package to NVC

5 Jul 2016 - NVC Case Complete

10 Aug 2016 - Medical Exam

25 Aug 2016 - Interview - APPROVED

1 Sep 2016 - Husband picked up his visa

Husband POE'd @ IAD - 5 November

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~~~Posts merged with existing thread.~~~

Hi,

We are currently working to fill out the G-325A form that calls for the alien registration number. I have read that for fiances, the alien registration number listed on their form. Our problem is that we are going to marry without having the K-1 first. How/where do we do this?

Thanks!


Also curious about the File Number

You're going for a K-1 visa? You can't marry before you get the visa then (well you can, but you have to cancel the i-129f petition/K-1 then and go for a spousal visa instead).

You get the alien registration number once you receive your NOA2. So if the beneficiary doesn't have an alien registration number from before, he/she puts "none" on that question on form g-325a when you file for the i-129f petition.

Which visa are you apply for? Are you engaged and filing for K-1, or are you planning to marry and then filing CR-1? You can not marry and then file K-1.

Sorry, I wasn't clear. We are not engaged, we are skipping that step. He is here on the Waiver Program and are getting married without the K-1.

So we put "None" for the number since we haven't received one?

So you're not married yet but you're preparing the forms and intend to file after you get married, right? You'll be filing I-130 + I-485 (and maybe I-765 and I-131, too)?

They will assign an alien number after they receive the petition, if the person doesn't already have an alien number assigned to them from before. File number and A number are the same thing on the G-325A. Just leave it blank.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Hi,

Did you get a definitive answer on this?

I am here on an Esta from the UK, have gotten married and now would like to apply to change my status. I'm so confused as to what forms I have to complete?

Also, my 180 runs out on 22nd October, so how do I stay after this point?

Any advice would be greatly appreciated!

Thanks, Michaela

180 days I should have said!

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Hi,

Did you get a definitive answer on this?

I am here on an Esta from the UK, have gotten married and now would like to apply to change my status. I'm so confused as to what forms I have to complete?

Also, my 180 runs out on 22nd October, so how do I stay after this point?

Any advice would be greatly appreciated!

Thanks, Michaela

180 days I should have said!

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