Process of marrying my partner who is currently in the U.S. on a tourist visa

[SunflowerSweet 1,321]

If she only had a part time job she doesn’t seem too attached to, is living with her parents so has no property to worry about selling, and will be busy studying anyway, she sounds like the perfect candidate for AOS to me? Lots of people here advocating for the CR-1 though, maybe I’m missing something.
 

I suggest you both discuss the pros and cons, and once properly informed she should be the one to make the call. 

 

I really have no idea why the K-1 is even being considered at this point. You still have the wait where she wont be able to work/travel  and you will still need to do every AOS step you would have to if she was just going to stay and adjust, but with the extra costs and wait of the K-1 visa as well? I’m normally much more pro K-1 than many members here, but even I can see that doesn’t make sense in this case at all.

Edited February 10, 2020 by MorganandMichael

[DELETEME1234 208]

10 minutes ago, MorganandMichael said:

If she only had a part time job she doesn’t seem too attached to, is living with her parents so has no property to worry about selling, and will be busy studying anyway, she sounds like the perfect candidate for AOS to me? Lots of people here advocating for the CR-1 though, maybe I’m missing something.
 

I suggest you both discuss the pros and cons, and once properly informed she should be the one to make the call. 

 

I really have no idea why the K-1 is even being considered at this point. You still have the wait where she wont be able to work/travel  and you will still need to do every AOS step you would have to if she was just going to stay and adjust, but with the extra costs and wait of the K-1 visa as well? I’m normally much more pro K-1 than many members here, but even I can see that doesn’t make sense in this case at all.

You are right. K-1 doesn't make any sense in this situation and CR-1/IR-1 doesn't really make sense either. This is a perfect example of when an AOS would make sense.

 

Issue is that it's a highly contentious topic on this forum for reasons that go beyond this post and would invite (more) off topic chatter.

 

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Based on what OP has shared in terms of information, logically his best course of action is to marry his partner while they're here in the US, collect the needed documents and file for adjustment of status. There's no need for nonsense with 30-60-90 days or anything of the sorts. And no amount of badmouthing or fear mongering will change the fact that it is completely legal and that the other options pale in terms of logic. In fact, if OP does go this route I'd strongly advice to make it happen within the next 14 days and sending their packet before the the 24th of this month (unless they reside in Illinois) because the rules change a bit if the documents are mailed on or after the 24th. 

[SunflowerSweet 1,321]

2 minutes ago, Poseidon1212 said:

You are right. K-1 doesn't make any sense in this situation and CR-1/IR-1 doesn't really make sense either. This is a perfect example of when an AOS would make sense.

 

Issue is that it's a highly contentious topic on this forum for reasons that go beyond this post and would invite (more) off topic chatter.

 

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Based on what OP has shared in terms of information, logically his best course of action is to marry his partner while they're here in the US, collect the needed documents and file for adjustment of status. There's no need for nonsense with 30-60-90 days or anything of the sorts. And no amount of badmouthing or fear mongering will change the fact that it is completely legal and that the other options pale in terms of logic. In fact, if OP does go this route I'd strongly advice to make it happen within the next 14 days and sending their packet before the the 24th of this month (unless they reside in Illinois) because the rules change a bit if the documents are mailed on or after the 24th. 

Oh yeah, I’m more than aware of the contention. I’ve had discussions with a number of members, including some in this thread, about it. That’s actually why I just changed my signature to *intent is determined at POE* after getting tired of reminding people who like to fear monger those *already inside the US on tourist visas* that they shouldn’t adjust. 
 

Parts of my post were a little tongue in cheek, I apologize. 
 

OP, you can marry and adjust status. Even without knowing the particulars, I am would put money on it being the quickest/cheapest/easiest choice of all your options. As long as your wife is aware of and okay with the wait, there is no issue. There may be others here that personally would not be okay with it, but that’s incredibly irrelevant.

[Fr8dog 312]

8 hours ago, B&C2017 said:

 

 

I know it's only illegal if you come to the US claiming you're a visitor, but really have immigrant intent. But com'on! How high is the percentage of people that would really not intend to get married by the time they travel to the US? I mean who can actually leave their entire life behind in the blink of an eye (existing leases, jobs, vehicles, family....)? 

 

If I would have known about the process ahead of time, I would have been able to use this rule. We had been friends for years and one year while I was visiting things got real all of a sudden. I was in between jobs at the time, had a month to month lease and friends and family available to retrieve documents and settle affairs for me. So even though it's rare, it is possible to fall in that category.

[SunflowerSweet 1,321]

1 hour ago, Fr8dog said:

If I would have known about the process ahead of time, I would have been able to use this rule. We had been friends for years and one year while I was visiting things got real all of a sudden. I was in between jobs at the time, had a month to month lease and friends and family available to retrieve documents and settle affairs for me. So even though it's rare, it is possible to fall in that category.

We almost did it too! Near the end of one of his visits he surprised me and proposed and we discussed the possibility of just getting married on that visit and filing for AOS. He had just graduated from university and hadn’t even started looking for work yet, and he had just moved back in with his family. Wait times for AOS were also much shorter then. It may be less rare than people think.