Getting Married & Then Applying to Adjust Status

[keribee 0]

Hello

- I am new here but have been in the K1 visa forum for a while trying to get info my current situtation. In brief:

I am a UK citizen, my fiance is American. We met over a year ago while I was traveling in the States.We got engaged last Christmas and filed the I-129f forms January 22nd. Due to 2 admin errors at the Service Centre (receipt mailed to wrong address & me being stated as the attorney not alien fiancee) our case processing only began on March 26th - 2 months after filing!!

I am in the US on a B2 tourist visa and have to leave by July 1st - we had hoped to get all the papers sorted here so I could take care of the UK side at the US Consulate in London while I was back in the UK over the Summer. We were planning our wedding for Sept 22nd & figured this wasn't out of reach.

Due to the errors that ocurred the way things are looking now it's highly doubtful we will get things together in time. I don't want to be stranded in the UK and miss our Sept wedding, or spend 4 months apart AGAIN!! Some people in the K1 forum suggested we could legally get married now, as I didn't enter with the intention of getting married when I entered the country last December on my B2 Tourist visa. Apparantly if we get married now it would mean I wouldn't have to leave in July. We could then have the Sept date as a phase 2 non-legal ceremony (which we, friends & family have already planned for).

I am hoping to get some info/advice in this forum on the following areas:

* If we get married which forms do I need to file to adjust my status - Is it a K3?

* Should I get legal advice first, to make 100% sure getting married now will not cause me problems in the future (possible deportion etc)

* How can I find out about the laws in State of Colorado and Nevada for weddings & legal requirements for foreigners. We live in Colorado but are close to Vegas (10hr drive) I have tried to google this but can't find the info I need.

* Anything anyone else can think is relevant, which I haven't mentioned

Any information would be much apreciated, even a nudge in the right direction of a website or institution to get more information. I feel like time is running out!!

many thanks in advance!!

keribee

[YuAndDan 153]

Since there is already a K-1 case in progress, if you marry before getting the K-1 visa you will be starting all over again and be filing form I-130, and them I-129F for the K-3 visa.

Adjusting status would probably fail due to the K-1 visa in progress, they will see that case, and will assume that you entered the USA on the B-2 visa with the intent to marry.

Either wait out the K-1, or start over with the K-3 visa.

Vegas marriage info can be found here: http://www.co.clark.nv.us/clerk/marriage_information.htm

It is never a good idea to plan a wedding with the assumption of a speedy visa case.

[keribee 0]

I know, it's just we figured 9 months was more than enough time to get everything in order. ~how can you ever predict they will make such huge errors with their admin work!?!?!?

i was advised we could send a letter in and withdraw our I-129f (K1) application, get married and then apply to adjust my status - all without me having to leave the country -

thanks for your thoughts though and the link to vegas site!

[meauxna 15]

* If we get married which forms do I need to file to adjust my status - Is it a K3?

* Should I get legal advice first, to make 100% sure getting married now will not cause me problems in the future (possible deportion etc)

* How can I find out about the laws in State of Colorado and Nevada for weddings & legal requirements for foreigners. We live in Colorado but are close to Vegas (10hr drive) I have tried to google this but can't find the info I need.

* Anything anyone else can think is relevant, which I haven't mentioned

The process is called Adjustment of Status. You can find a slim guide on it here, or more info at uscis.gov under 'permanent resident' and applying in the US.

You should absolutely get legal advice first. You have already started the immigration process, so you want to make sure your backside is covered and you don't find out the hard way that you evaded any immigration laws. This is important because of statements you made/may have made when applying for your visa and at your last US entry. Your story sounds OK as is, but it is a very good idea for you to spend a hundred dollars or so to run it all past an attorney. This does not have to be someone in your city, if you find an online lawyer you like.

Google is your friend. You being a ferriner doesn't make any difference. Marriage laws differ by state, but it is typically your COUNTY gov't that deals with licensing. Your passport should be sufficient ID--you do NOT need a Social Security number.

Oops, you did try google, well.....hang on, try refining this--I think you will find what you want, with your city: http://www.google.com/search?hl=en&q=m...+license+denver

Don't plan on travelling outside the US unless you get a travel document, and read everything you can about AOS/Adjustment of Status.

Sounds exciting!!! And you've got time.. go slow, go careful.

[Dr_LHA 3]

* If we get married which forms do I need to file to adjust my status - Is it a K3?

If you marry here and don't return to the UK, then it is not a K-3. You need to file I-130 and I-485 concurrently, with all supporting forms.

If you wish to return to the UK after the wedding, and then return to the USA then K-3 is what you want. My guess is that you don't want to have to do that though, and you don't have to.

* Should I get legal advice first, to make 100% sure getting married now will not cause me problems in the future (possible deportion etc)

Can't hurt. However as you haven't even decided yet if you're getting married, you clearly didn't have "intent" when entering on your B-2. You should be able to apply for AOS without issue.

* How can I find out about the laws in State of Colorado and Nevada for weddings & legal requirements for foreigners. We live in Colorado but are close to Vegas (10hr drive) I have tried to google this but can't find the info I need.

Website of your local registars office. Pretty much anyone can get married in Vegas BTW.

[keribee 0]

Thanks Dr LHA & Meauxna -

I plan to get married here and then (hopefully) stay. Obviously I will return to the UK at some point (perhaps christmas) so in that case I will look into I-130 & I-485 forms.

I will check out the USCIS site and see what info is available here at visa journey.com I will also check out http://www.google.com/search?hl=en&q=m...+license+denver

I don't really want to do a 'vegas' wedding and hope we can figure something out in Telluride, CO where we are currently living.

Will definintley get legal advice - for a couple $100's I think it's worth it. Would hate to make a wrong move and then be kicked out with zero chance of returning!!!

Again thank you so much, the insights and tips are SO HELPFUL and VERY, VERY much appreciated!!

kb

[John & Annie 1]

Great advice above!!!!!

This is a great place to get and share info.

Good Luck, Read the Guides, ask question (unless they are things covered in the guides, or you keep asking the same questions)

and Welcome aboard.

PS. keep your timeline updated