After failing to sue the NVC, she is here now on her tourist visa

[Yehuda 26]

She is hanging out here in Ohio with me until January on her tourist visa. She is a professor, so she is teaching from online. Sucks I can't marry her because we don't have a k1 visa, but I guess I am just glad she can hang out with me for a few months before she goes back. 

[Crazy Cat 39,591]

Sounds like you are misinformed.  There is nothing in US law to prevent her from marrying you , then adjusting status since she is now inside the US. 

 

 

Edited November 9, 2021 by Crazy Cat

[Crazy Cat 39,591]

Be aware that she can not legally work inside the US on a tourist visa or after filing to adjust status before receiving an approved EAD.

Edited November 9, 2021 by Crazy Cat

[Yehuda 26]

1 minute ago, Crazy Cat said:

Be aware that she can legally NOT work inside the US on a tourist visa or after filing to adjust status before receiving an approved EAD.

Wait...what? I can just marry her now?

Edited November 9, 2021 by Yehuda

[Crazy Cat 39,591]

Just now, Yehuda said:

Wait...what?

Read my first post.  It is the important one. 

[Yehuda 26]

Just now, Crazy Cat said:

Read my first post.  It is the important one. 

No, I qouted the wrong one. I thought you couldn't marry someone on a tourist visa. I thought it needed to be a k1. 

[Crazy Cat 39,591]

5 minutes ago, Yehuda said:

No, I qouted the wrong one. I thought you couldn't marry someone on a tourist visa. I thought it needed to be a k1. 

That is not accurate.  Whomever told you that is sorely ignorant of the US immigration law.  Visa fraud would only occur if she entered the US as a tourist with the INTENT to stay and adjust status.  Your post clearly states she entered with intent to leave.  Her intent was determined when she entered.  It is perfectly legal to marry and file an I-485 package to adjust status since she was allowed to enter.  Just be aware that she cannot leave/re-enter the US or work for about 6-8 months.

Edited November 9, 2021 by Crazy Cat

[Yehuda 26]

Just now, Crazy Cat said:

That is not accurate.  Visa fraud would only occur if she entered the US as a tourist with the INTENT to stay and adjust status.  Your post clearly states she entered with intent to leave.  Her intent was determined when she entered.  It is perfectly legal to marry and file an I-485 package to adjust status.  Just be aware that she cannot leave/re-enter the US or work for about 6-8 months.

You're ###### kidding me. She had this tourist visa years before we met. You're ###### saying I could have just married her 2 years ago when I filed the K1 visa?

[Crazy Cat 39,591]

3 minutes ago, Yehuda said:

You're ###### kidding me. She had this tourist visa years before we met. You're ###### saying I could have just married her 2 years ago when I filed the K1 visa?

As I said, visa fraud would occur only if she entered the US with the intent to stay and adjust status. 

Edited November 9, 2021 by Crazy Cat

[Adventine 3,187]

You have two options open now:

 

1. You can marry her now, and she returns to the Philippines to wait for the spousal visa process. While waiting for the spousal visa, she can continue to visit you using her current tourist visa. This has the advantage of her being able to wrap things up properly in the PH, especially if she has a job and assets back home, and can say goodbye properly to her family. Especially important if she has family dependents.

 

2. You can marry her, and file for Adjustment of Status. This is what I did (see my timeline for details). This has the advantage that you don't need to be separated any more, but has several disadvantages: she cannot work legally or travel internationally until she gets her work permit/travel permit/green card, and she may not be ready to leave her PH job, assets or family right now.

[Yehuda 26]

2 minutes ago, Adventine said:

You have two options open now:

 

1. You can marry her now, and she returns to the Philippines to wait for the spousal visa process. While waiting for the spousal visa, she can continue to visit you using her current tourist visa. This has the advantage of her being able to wrap things up properly in the PH, especially if she has a job and assets back home, and can say goodbye properly to her family. Especially important if she has family dependents.

 

2. You can marry her, and file for Adjustment of Status. This is what I did (see my timeline for details). This has the advantage that you don't need to be separated any more, but has several disadvantages: she cannot work legally or travel internationally until she gets her work permit/travel permit/green card, and she may not be ready to leave her PH job, assets or family right now.

Whelp, I feel like the biggest moron ever. She doesn't own any property, have dependents, and works online. She doesn't make much compared to me, but since I live in Ohio and make ok money I can support both of us for a year. She just gives me $500 a month, which is like half her money her monthly income, but that pretty much covers her food and energy. We aren't rich, but we're not poor. Now excuse me as I scream loudly at that cornfield in the back over how stupid I am for not doing this 2 years ago. 

[Crazy Cat 39,591]

1 minute ago, Yehuda said:

Whelp, I feel like the biggest moron ever. She doesn't own any property, have dependents, and works online. She doesn't make much compared to me, but since I live in Ohio and make ok money I can support both of us for a year. She just gives me $500 a month, which is like half her money her monthly income, but that pretty much covers her food and energy. We aren't rich, but we're not poor. Now excuse me as I scream loudly at that cornfield in the back over how stupid I am for not doing this 2 years ago. 

Visa Journey is the BEST source for ACCURATE immigration information.  Good luck on your journey. 

[Yehuda 26]

1 minute ago, Crazy Cat said:

Visa Journey is the BEST source for ACCURATE immigration information.  Good luck on your journey. 

I could have just did this 2years ago. I hate myself so much right now. This weekend I am getting hammered. She is sleeping right now, we both work at night. I will talk to her when she gets up. 

[Crazy Cat 39,591]

Just now, Yehuda said:

I could have just did this 2years ago. I hate myself so much right now. This weekend I am getting hammered. She is sleeping right now, we both work at night. I will talk to her when she gets up. 

Don't hate yourself for not knowing.  Don't look back.....keep moving forward.....

[Adventine 3,187]

Don't beat yourself up too bad. My husband had a similar reaction when he found out we could adjust my status while I was already in the States. You did the best you could with the info you had at the time.