Jump to content

52 posts in this topic

Recommended Posts

Hello,

 

Looking for quick help here. My partner is here visiting the US from the UK on the ESTA and we have decided to get married! Because he is already here and it is very easy to get married in Colorado, can we file for marriage even if he didn’t inform agents on arrival about marriage?
 

When he flew in on Dec 16th in NYC, we thought he would be leaving on Dec 31st and this is what he told agents. But now he is here in Colorado with me and we’d like to move forward with our relationship.

 

If we decide to marry now, will implications of him arriving and not informing agents about marriage and that he was meant to leave sooner, effect the marriage visa/green card process? As he stated to TSA that he was only here on holiday. 

 

Is it advisable for him to leave and fly back, letting the agents know his intentions on arrival?
 

If not and we marry whilst he is here, would he need to leave the US as soon as we marry?

 

Thank you in advance!

 

Eugenia 

Share this post


Link to post
Share on other sites
11 minutes ago, ETintheUS said:

Hello,

 

Looking for quick help here. My partner is here visiting the US from the UK on the ESTA and we have decided to get married! Because he is already here and it is very easy to get married in Colorado, can we file for marriage even if he didn’t inform agents on arrival about marriage?
 

When he flew in on Dec 16th in NYC, we thought he would be leaving on Dec 31st and this is what he told agents. But now he is here in Colorado with me and we’d like to move forward with our relationship.

 

If we decide to marry now, will implications of him arriving and not informing agents about marriage and that he was meant to leave sooner, effect the marriage visa/green card process? As he stated to TSA that he was only here on holiday. 

 

Is it advisable for him to leave and fly back, letting the agents know his intentions on arrival?
 

If not and we marry whilst he is here, would he need to leave the US as soon as we marry?

 

Thank you in advance!

 

Eugenia 

He is here so you can get married.  You can file the I-130 while he is here.   If he is going to stay you will need to file AOS as well but he has to stay in the US until getting a EAD/AP or green card.  Read the guides on the site.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: New Zealand
Timeline

Just keep in mind that he won’t be able to work or travel out of the US (and be readmitted) for around 6 months.

Share this post


Link to post
Share on other sites
1 hour ago, ETintheUS said:

we marry whilst he is here, would he need to leave the US as soon as we marry?

Oops my post got cut off . . .    You can also marry here, file and he returns to the UK without adjusting.   He can still visit the US but would do consular processing in London.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
1 hour ago, Jorgedig said:

Just keep in mind that he won’t be able to work or travel out of the US (and be readmitted) for around 6 months.

If he decides to stay and adjust status.  Absolutely no problem with getting married.  If that's what you want, do it.  Then, choose the immigration path that best fits your priorities and circumstances.  You have two options, immigrant visa, or adjust status from within the US.  Understand the differences well, then match them to your priorities and circumstances.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites

~~moved from IR1/CR1 process and procedures to AOS from work student and tourist visa~~


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

While I moved this topic and these are appropriate answers, you've already asked about where to get married and the visa process...  Obviously AOS is a choice here for you, and your fiance would not be allowed entry if he told cbp he intended to get married and stay (just getting married is another story.) However, if you do plan on the visa process and not to AoS as it seems by this post, please hit report on your post and request the thread be moved back to the CR1/IR1 forum. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
13 hours ago, Paul & Mary said:

He is here so you can get married.  You can file the I-130 while he is here.   If he is going to stay you will need to file AOS as well but he has to stay in the US until getting a EAD/AP or green card.  Read the guides on the site.

Thank you so much, once again for this help! Seems clear we can in fact get married, even though he did not mention this on arrival!  We weren't totally sure! He will leave shortly after as we will not be taking the AOS route.  Thank you so much! So grateful for this website!

 

Eugenia 

Share this post


Link to post
Share on other sites
14 hours ago, Jorgedig said:

Just keep in mind that he won’t be able to work or travel out of the US (and be readmitted) for around 6 months.

Thank you, he has work in the UK this year, he would have to travel back to the UK around the end of Feb/start of March. 

Share this post


Link to post
Share on other sites
13 hours ago, Paul & Mary said:

Oops my post got cut off . . .    You can also marry here, file and he returns to the UK without adjusting.   He can still visit the US but would do consular processing in London.

I see, thank you. He would be returning to the UK at the end of Feb for work in Spring, I guessing he will have to go to the US Consulate in London before returning to the US? Apply for a different VISA than the ESTA for short visits? We we're hoping he could still visit the US on an ESTA until the Green Card application had gone through?

Share this post


Link to post
Share on other sites
5 minutes ago, ETintheUS said:

He would be returning to the UK at the end of Feb for work in Spring, I guessing he will have to go to the US Consulate in London before returning to the US? Apply for a different VISA than the ESTA for short visits

No  he keeps his ESTA - don't overstay

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

Share this post


Link to post
Share on other sites
12 hours ago, pushbrk said:

If he decides to stay and adjust status.  Absolutely no problem with getting married.  If that's what you want, do it.  Then, choose the immigration path that best fits your priorities and circumstances.  You have two options, immigrant visa, or adjust status from within the US.  Understand the differences well, then match them to your priorities and circumstances.

Thank you! We do want to do it, although he does need to return to the UK to work this Spring, so he will have to leave at end of Feb. I'm guessing this will not apply if that's the case? Hopefully we can start a life here after the Green Card process, I'm assuming it will take a while? 

 

Thanks again! 

10 hours ago, NikLR said:

~~moved from IR1/CR1 process and procedures to AOS from work student and tourist visa~~

Hi, please keep to CR1 process

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Germany
Timeline
8 minutes ago, Paul & Mary said:

No  he keeps his ESTA - don't overstay

 

That's important. As long as he doesn't overstay he can use his ESTA to come and visit you during the process of the CR1. It would only get cancelled if he oberstays and then he probably wouldn't get another tourist visa.

Share this post


Link to post
Share on other sites
1 minute ago, ETintheUS said:

Thank you! We do want to do it, although he does need to return to the UK to work this Spring, so he will have to leave at end of Feb. I'm guessing this will not apply if that's the case? Hopefully we can start a life here after the Green Card process, I'm assuming it will take a while? 

?   Marry, file the 1-130/130A, he goes home for consular processing but each of you can visit the other in either country.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

Share this post


Link to post
Share on other sites
9 hours ago, NikLR said:

While I moved this topic and these are appropriate answers, you've already asked about where to get married and the visa process...  Obviously AOS is a choice here for you, and your fiance would not be allowed entry if he told cbp he intended to get married and stay (just getting married is another story.) However, if you do plan on the visa process and not to AoS as it seems by this post, please hit report on your post and request the thread be moved back to the CR1/IR1 forum. 

Hey there, thanks for this, I'm thinking we will keep to CR1 process, as he will be returning to UK for work, will have to leave at end of Feb, so not adjusting status. 

 

I'm assuming if this is the case it will be fine if we marry on this trip, and will not be a problem with TSA? I believe we can use the ESTA for him to see me whilst the application is going through? 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...