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ckaw41586

Marriage advice

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My girlfriend and I want to get married, but we have only been together for three months. Her visa is about to expire, so we can't wait if we are going to do it. Does that look bad that we're getting married after a short time and her visa is up? And what if she has to overstay while we wait for the interview?

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3 minutes ago, ckaw41586 said:

My girlfriend and I want to get married, but we have only been together for three months. Her visa is about to expire, so we can't wait if we are going to do it. Does that look bad that we're getting married after a short time and her visa is up? And what if she has to overstay while we wait for the interview?

If her Visa is about to expire, and since it is taking 12 to 18 months to get an interview to adjust her status, there's no doubt she will be here longer than she is authorized 


YMMV

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3 minutes ago, payxibka said:

If her Visa is about to expire, and since it is taking 12 to 18 months to get an interview to adjust her status, there's no doubt she will be here longer than she is authorized 

I'm not sure the correct way to respond to an individual reply

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Just now, ckaw41586 said:

But is that a problem? I was under the impression that she can be here while it's pending.

Once you marry and file for her adjustment of status, she'll be in authorized stay. Also include the I-765 & I-131 so she can work, travel and drive. 

 

https://www.visajourney.com/content/i130guide2/


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My timeline:
2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2014-03-05 Biometrics
2014-03-24 Approved
2014-05-05 Green card received
2015-04-23 Divorced
2015-06-17 Remarried
2016-08-02 N400 filed under 5 year rule
2016-08-12 NOA
2016-09-02 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony
Husband's timeline:
2013-01-16 US Entry
2017-07-05 Filed for AOS
2017-08-07 NOA
2017-08-23 Biometrics
2017-10-30 Received approval letters for EAD & AP
2017-11-02 Combo Card received
2018-12-13 Interview date
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Stepson's timeline:
2019-01-17 Filed I-130
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1 minute ago, ckaw41586 said:

But is that a problem? I was under the impression that she can be here while it's pending.

She can stay.   Best is to get married and file the I485/I131/I765 before her status expires


YMMV

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2 minutes ago, payxibka said:

She can stay.   Best is to get married and file the I485/I131/I765 before her status expires

Do you think there's a problem with the short relationship? That was a reason we were thinking to wait for more proof

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Just now, ckaw41586 said:

Do you think there's a problem with the short relationship? That was a reason we were thinking to wait for more proof

Proof of what?

 

 Look at the required evidence for the i485. 

 

The proof you are talking about you have a year or more before the interview to pull together 


YMMV

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Just now, payxibka said:

Proof of what?

 

 Look at the required evidence for the i485. 

 

The proof you are talking about you have a year or more before the interview to pull together 

I just thought maybe you need a lot more pictures, messages, joint accounts, ECT.... Than that little time gave us, before the initial filing. 

 

I greatly appreciate your quick response and advice. 

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Posted (edited)
10 minutes ago, ckaw41586 said:

I just thought maybe you need a lot more pictures, messages, joint accounts, ECT.... Than that little time gave us, before the initial filing. 

 

I greatly appreciate your quick response and advice. 

Much of that "proof" you cannot even do unless the alien has an SSN.  It just so happens the alien isn't eligible for SSN until after the i765 is approved and that takes about 6 months after the filing .  

Edited by payxibka

YMMV

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18 minutes ago, ckaw41586 said:

I just thought maybe you need a lot more pictures, messages, joint accounts, ECT.... Than that little time gave us, before the initial filing. 

 

I greatly appreciate your quick response and advice. 

What good would messages be if you live together? Messages about what? You are confusing the process for adjustment of status with applying for a visa whilst overseas. Couples who live together don’t usually communicate solely by electronic means. 


 

 

 

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1 minute ago, JFH said:

What good would messages be if you live together? Messages about what? You are confusing the process for adjustment of status with applying for a visa whilst overseas. Couples who live together don’t usually communicate solely by electronic means. 

Sorry I could have been more specific. She's currently in the Aupair program, and living with the family she's working for. She's here with me every chance she gets, but not fully living together yet. 

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If your main reason to get married is for her to be legal in the US, then you are not ready to get married. 


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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10 minutes ago, Roel said:

If your main reason to get married is for her to be legal in the US, then you are not ready to get married. 

That's not my reason at all. I love the woman. I guess the fear is that it's going to be harder for her to come back if she has to leave first. Maybe the info I've heard is incorrect?

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2 minutes ago, ckaw41586 said:

That's not my reason at all. I love the woman. I guess the fear is that it's going to be harder for her to come back if she has to leave first. Maybe the info I've heard is incorrect?

It won't be harder. There are proper immigration processes available. 


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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