Can I marry immediately in the US, or is the K1 correct way?

[tom_g 3]

I apologise if this is a naive question, or if this is not the correct forum for such a question, but I'm in a bit of confusion

My girlfriend (a US citizen) and I (a british citizen, here on a B2 tourist visa, the first 6 month allowance of which ends 26th May 2007) wish to marry. In fact, we wish to be together for the rest of our lives.

I have heard from various sources, most of which themselves are US immigrants from central and south american countries, that the quickest route is to simply "get married in the US, then file the paperwork". After reading through most of your site I can't find any such route...

If we were to get married now, with me on my B-2 visa, would I be able to stay in the US and work? If I can't work immediately then I'll be broke before long. If I go back to the UK, work for a few months, come back in August - again on my B-2 visa, then get married, I assume i'll be breaking my visa conditions.

We are fully committed to each other, and we are prepared to wait, and I'm anxious to do everything correctly - my question is, would it be foolish to enter into a 6-12 month process of filing for a K1 visa when all we legally have to do is "get married in the US, then file the paperwork"?

many thanks for your help

Tom

[pushbrk 14,507]

I apologise if this is a naive question, or if this is not the correct forum for such a question, but I'm in a bit of confusion

My girlfriend (a US citizen) and I (a british citizen, here on a B2 tourist visa, the first 6 month allowance of which ends 26th May 2007) wish to marry. In fact, we wish to be together for the rest of our lives.

I have heard from various sources, most of which themselves are US immigrants from central and south american countries, that the quickest route is to simply "get married in the US, then file the paperwork". After reading through most of your site I can't find any such route...

If we were to get married now, with me on my B-2 visa, would I be able to stay in the US and work? If I can't work immediately then I'll be broke before long. If I go back to the UK, work for a few months, come back in August - again on my B-2 visa, then get married, I assume i'll be breaking my visa conditions.

We are fully committed to each other, and we are prepared to wait, and I'm anxious to do everything correctly - my question is, would it be foolish to enter into a 6-12 month process of filing for a K1 visa when all we legally have to do is "get married in the US, then file the paperwork"?

many thanks for your help

Tom

Assuming you didn't plan to marry when you arrived but decided later to do so, you certainly have the option of marrying and then filing for adjustment of status. Now that you've decided to marry, going home and then coming back on your B2 to marry, would be visa fraud. You can go home and go the K1 route or get married and adjust status. You could file for EAD (work permit) at the same time you file to adjust status but the time frames will depend on locality and other factors.

[Silke 1]

If you had no intentions of staying in the US when you entered the country as a tourist, and decide spontaneously to get married during your stay, you can file for AOS (adjustment of status) without having to leave the country. (You might want to post this question in the Adjustment of Status forum.)

In order to file for AOS, you have to submit packages I-130 & I-485. If you wish to travel before you receive your greencard you should file for Advanced Parole (I-131); if you want to work before your AOS gets approved, file for EAD (I-765). Note that you will need a medical exam done by a civil surgeon. To locate a civil surgeon in your area, use the civil surgeon locator on the USCIS website: https://egov.immigration.gov/crisgwi/go?act...office_type=CIV

Two more things about the medical exam, "shop" around for a civil surgeon and compare prices...prices vary greatly from about $75 to $200+

Also, try to obtain your vaccination records from your doctor in your home country if you don't have them here with you. You will need to show proof of a number of vaccinations when you apply for AOS.

For people between the ages of 19 and 64 the following vaccines are required:

Td

MMR

Varicella

If you don't have written proof of your vaccinations, the civil surgeon will do a titer test.

Assembling the I-130 Package: Checklist

Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a money order so you can track the payment. If a personal check is allowed, use that instead.

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 (all four pages) 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 (all four pages) 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)

Note: Evidence of a Bonifide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financialresources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

Assembling the I-485 Package: Checklist

Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Be sure to include the payment for both the I-485 and the the fingerprinting fee*. Use a money order so you can track the payment. If a personal check is allowed, use that instead.

2. Cover Letter. Should include a description of what your are petitioning for (I-485), 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-485: Petition for Alien Relative

4. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps).

5. Copy of the non US Citizen Spouses valid I-94 (front and back copies)

6. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)

7. A certified copy of your marriage certificate. (If filing for your spouse)

8. A copy of the petitioner's and/or intending immigrant's divorce documents. (If filing for a spouse, and one or both of you have been divorced before)

9. 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)

10. Two passport-type photos (see specification) of the Non US Citizen Spouse. 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.

11. G-325A (all four pages) filled out,signed and dated

12. I-693, Medical Examination of Aliens Seeking Adjustment of Status

13. I-864, Affidavit of Support (see poverty limits here)

>> Include any additional required supporting documentation

14. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional)

>> Include any additional required supporting documentation or photos as well as payment per USCIS instructions.

15. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional)

>> Include any additional required supporting documentation or photos as well as payment per USCIS instructions.

16. I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10

17. I-601, Application for Waiver of Grounds of Excludability**, if applicable

* Fingerprint fee not needed for applicants under 14

** an I-601 is NO FEE, if, and ONLY if filed WITH an I-485. Later filing DOES require a fee. Whether to file an I-601 is an important decision -- like the J-1, consulation with an attorney is recommended.

Edited April 12, 2007 by silke

[tom_g 3]

Many thanks for your responses, very kind of you

I am reasonably clear, now, on my options. Coming back in August and marrying would be fraudulent, and therefore highly dubious (and probably too nervewracking for me to attempt!), whilst marrying immediately would render me unable to work for a number of weeks/months leaving me and my girlfriend in debt. And as an aside, marrying immediately would mean I would have to stay in the US for good while, and effectively desert my UK friends and family...

I think that despite the delay, the K1 visa would be preferable.

One more question, however.. once I return on a K1 visa, and the marriage is done, do I still have to wait the months/weeks until I can work? If so, I have a lot of saving to do

[Silke 1]

If you choose the K1 route, you still have to file for AOS after you get married (if you enter on a K1 visa you have to get married within 90 days!)...you will also have to file for EAD if you want to work before you receive your greencard.

[Silke 1]

I would like to add one thing...I heard if JFK is your POE, you receive an EAD stamp that allows you to work for 90 days...

[Dan J 277]

If working is an issue, you might want to consider getting married and then file for CR-1/IR-1. It may take a little bit longer to go through, but once it does you will be able to work when you enter the US as well as travel.

[TimsDaisy 0]

Marry now. File for AOS and advanced parole. You'll probably only end up "stuck" in the US for a month or two longer than you're able to stay right now.

I'm totally biased because I'm losing my mind due to the duration of my separation from my fiance - but if you have the ability to marry now and adjust status, for crissake, take it.

[Caladan 19]

I will tell you what I told my international friends today:

"If any of you guys meets a girl while studying here and you want to marry, DON'T LEAVE because oh sweet lord will you want to kill people by the end of this. "

I'd get married in a quick legal ceremony, adjust status, and then plan your big wedding if you want one. If you filed tomorrow, having planned to stay till the end of May, you'd probably only be a couple months longer sans ability to work.

[TimsDaisy 0]

I will tell you what I told my international friends today:

"If any of you guys meets a girl while studying here and you want to marry, DON'T LEAVE because oh sweet lord will you want to kill people by the end of this. "

I'd get married in a quick legal ceremony, adjust status, and then plan your big wedding if you want one. If you filed tomorrow, having planned to stay till the end of May, you'd probably only be a couple months longer sans ability to work.

Amen

[Dan&Tiffany 0]

GOD yes! We were just talking about this today. If only we had known then what we know now. There would have been none of this K-1 nonsense!

[CarlaM 0]

WHYYYYY, WHYYY DID I LEAVE B4 GETTING MARRIED

[KenKing 0]

If your "significant other" arrives in the US on a B2, and you get married and he/she STAYS in the US, is it harder to file an adjustment compared to if your "significant other" arrived in the us on a K1? I'm just wondering because it would seem more suspicious, at least in my eyes.

Also, once you file for AOS on a B2, are all the procedures the same as a K1 , such as Advanced Parole, EAD, SSN, etc...? Or would it also be harder to obtain?

[Kez/JWolf 6]

If your "significant other" arrives in the US on a B2, and you get married and he/she STAYS in the US, is it harder to file an adjustment compared to if your "significant other" arrived in the us on a K1? I'm just wondering because it would seem more suspicious, at least in my eyes.

Also, once you file for AOS on a B2, are all the procedures the same as a K1 , such as Advanced Parole, EAD, SSN, etc...? Or would it also be harder to obtain?

It is exactly the same process for someone entering on a B2/VWP as it is for someone entering on a K1 and filing for AOS, it is no harder and takes no longer....

I did it and have no regrets... if you enter legaly and had no intentions of getting married and remaining the you can do AOS... why would you want to return to your home country and then file for a K1 when there is a route open to you to file for AOS and remain together....

Good Luck

Kez

[athena_ny 1]

If your "significant other" arrives in the US on a B2, and you get married and he/she STAYS in the US, is it harder to file an adjustment compared to if your "significant other" arrived in the us on a K1? I'm just wondering because it would seem more suspicious, at least in my eyes.

Also, once you file for AOS on a B2, are all the procedures the same as a K1 , such as Advanced Parole, EAD, SSN, etc...? Or would it also be harder to obtain?

Not really. I met my husband 2 years after his entry into the country on a B2, we fell in love and married. So far, we've had no issues with his AOS, and it's moving along at a speedy pace. (Interview is on the 26th, day 55 of our journey.)

If you show up at the POE with a wedding dress in your suitcase and plan to marry within a week of entry, well yeah, that's fraud and you should get denied (if you even get into the country).

We have to wait for EAD or green card to get his SSN, but other than that the process is the same. B1/B2s,F1s etc practically forgo the chance of transferring to CSC, so that means that 99.9% of us (allowing for the random one or two that MAY get transferred there) will have to go through an interview, but most of those are said to be pretty painless as well.