Change of Status

[Charles Baker 0]

If I enter the United States under the visa waiver program from Portugal,  marry and American citizen, but I am Argentinian, when I apply for a green card need I show papers from Argentina or Portugal.

[USS_Voyager 1,971]

1 minute ago, Charles Baker said:

If I enter the United States under the visa waiver program from Portugal,  marry and American citizen, but I am Argentinian, when I apply for a green card need I show papers from Argentina or Portugal.

 

First of all, you cannot have intent to enter the US on the visa waiver program, marry an American and adjust status from inside the US. That is a violation of the visa waiver program. 

 

You can file for adjustment of status if the marriage happens spontaneously, for example, if you boyfriend or girlfriend proposes out of a whim, while you are at Las Vegas or something,  but you can't pre-plan it. 

 

You can enter on the visa waiver program, get married, and return to wherever you live, and get an immigrant visa to enter the US as a LPR. 

 

Wherever you live and have residence, that's where you'll interview.

[Boiler 43,595]

The options are K1 or CR1.

[nullaccount234 882]

Do you have dual citizenship?

[Charles Baker 0]

2 hours ago, USS_Voyager said:

 

First of all, you cannot have intent to enter the US on the visa waiver program, marry an American and adjust status from inside the US. That is a violation of the visa waiver program. 

 

You can file for adjustment of status if the marriage happens spontaneously, for example, if you boyfriend or girlfriend proposes out of a whim, while you are at Las Vegas or something,  but you can't pre-plan it. 

 

You can enter on the visa waiver program, get married, and return to wherever you live, and get an immigrant visa to enter the US as a LPR. 

 

Wherever you live and have residence, that's where you'll interview.

Am already married to my Argentine partner almost 2 years ago and we are both now in Argentina but planning a return trip to the US within the next 6 weeks. Any recommendations you have will be appreciated. BTW, we were married, spontaneously, in Las Vegas in 2017.

Edited March 18, 2019 by Charles Baker
add something

[nullaccount234 882]

You should file for a spousal visa, IR1. Your USC partner petitions for you and you wait for the petition to be processed in whatever country you're currently residing in. You can travel to the US in a few weeks as a tourist of course, but if your intention is to stay in the US permanently, you're required to go back to your country of residence and wait until your case is done processing. Current timeline is about 12-15 months. Read this to get started: https://www.visajourney.com/content/i130guide1

 

For the IR1 visa you'll need documents from Argentina (such as your birth certificate) as well as documents from Portugal (if you lived there for more than 6 months, a police certificate is required).

[Boiler 43,595]

15 minutes ago, Charles Baker said:

Am already married to my Argentine partner almost 2 years ago and we are both now in Argentina but planning a return trip to the US within the next 6 weeks. Any recommendations you have will be appreciated. BTW, we were married, spontaneously, in Las Vegas in 2017.

So to immigrate you need a CR1, well will be IR1, please read the guides.

[USS_Voyager 1,971]

1 hour ago, Charles Baker said:

BTW, we were married, spontaneously, in Las Vegas in 2017.

Not happened to be around Thanksgiving 2017, was it? I was there too....

 

Anyway, do what the others said. You spouse can file a I-130 petition to sponsor you to be a permanent resident. Upon approval of that, the petition will be transferred to the NVC and eventually to the Embassy/Consulate of where you live, so you will have an interview and if successful, an immigrant visa. You use the immigrant visa to enter the US and you will become a lawful permanent resident upon entering. You will be given a 10 years unconditional green card since you will be married more than 2 years by the time you enter.