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Marrying a Tourist Visa Holder w/10yo son

By barnstorm in What Visa Do I Need - Family Based Immigration

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barnstorm Newbie

barnstorm   10

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PLEASE ADVISE!!! I am a US citizen by birth and live here in Florida. My friend arrived here from Dominican Republic with her 10yo son to visit her sister who is married to my friend. This is how we were introduced. After she arrived we fell madly in love. We cant bare to be apart for a minute. This is a true love story. Neither one of us have been married before and the sons father is not in the picture. I am 50 she is 37.  Her visa is for 10 years but has the 6 month trip limit. We want her and her son to stay and we want to get married. I have never known happiness like I do with her. What do we do now? 

Please help! 

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Transborderwife Veteran

Transborderwife   4,666

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Umm I'd suggest slowing it down a bit and getting to know each other.  Immigration is a difficult thing.  You need to be sure that this is right first.  In your case, I'd expect some road bumps

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Rc123rc Rising Star

Rc123rc   528

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2 minutes ago, Transborderwife said:

Umm I'd suggest slowing it down a bit and getting to know each other.  Immigration is a difficult thing.  You need to be sure that this is right first.  In your case, I'd expect some road bumps

+1 Slow down.  

 
 

 

 

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KierenHby Experienced

KierenHby   897

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5 minutes ago, Transborderwife said:

Umm I'd suggest slowing it down a bit and getting to know each other.  Immigration is a difficult thing.  You need to be sure that this is right first.  In your case, I'd expect some road bumps

+2 Slow down. 

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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Rc123rc Rising Star

Rc123rc   528

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Filed: Timeline
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Just now, Jomaris said:

I'm not asking for advice on my love life

You are correct, you are not and based on your response you have heard this from a number of people already. You have two options. K-1 or CR-1. I suggest you read the guides on the forum and see which one is better suited for you. 

 
 

 

 

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KierenHby Experienced

KierenHby   897

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Filed: IR-1/CR-1 Visa Timeline
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Elian Gonzalez comes to mind. 

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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Roel Experienced

Roel   7,191

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Filed: Lift. Cond. (apr) Country: Poland
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1. Spend more time together before you get married. Get to know her. This is in fact, immigration advice. You might not want to be one of those people who come back to this forum complaining that their new amazing spouse changed 180 degree after the wedding and you have no idea why. Well answer you, not enough time spend together.

2. Yes, the father needs to agree for the child to move to the US.

3. If you're really decided to marry her, have her leave the country and apply for the K1 or if you get married in the USA - Cr1 visa.

4. Either way, I don't think she can stay. The child has to go back and get the father approval.

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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barnstorm Newbie

barnstorm   10

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I misspoke -- Through an attorney her sons father will be contacted and asked for approval. I('m not going in to an entire backstory but the father deserted when she was pregnant and now lives in the states himself. Has never tried contacting her or his son(10 yrs)sand gives no support. But, unfortunately he does have rights. She will NOT move here without the approval. We are doing everything legal. I appreciate everyones help. Lastly, we know each other well. We're past that point. We have had plenty of face time and I am flying to the DR in March to spend time with entire family.

Wish us  luck, please!

We have enough stress, We just need support...

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Transborderwife Veteran

Transborderwife   4,666

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15 minutes ago, Jomaris said:

I misspoke -- Through an attorney her sons father will be contacted and asked for approval. I('m not going in to an entire backstory but the father deserted when she was pregnant and now lives in the states himself. Has never tried contacting her or his son(10 yrs)sand gives no support. But, unfortunately he does have rights. She will NOT move here without the approval. We are doing everything legal. I appreciate everyones help. Lastly, we know each other well. We're past that point. We have had plenty of face time and I am flying to the DR in March to spend time with entire family.

Wish us  luck, please!

We have enough stress, We just need support...

Ok better to hear more of the story.  Where is she at present?

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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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~~moved to what visa do I need from IR1/CR1 process and procedures~~

 

If she is not currently in the USA you have two methods for both to move.  Please read the comparison guides to find out which is better for everyone involved.  Faster isnt always better, but sometimes a k1/k2 is the better route for your situation.  

 

If she is in the USA you can adjust status. 

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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