HELP!

[hayley6377 0]

HELP!

I came over to the on a tourist visa to see old friends and I have completely fallen head over heals for one them (whom ive known for quite some time and found out he feels the same way), we'd like to marry as soon as possible....

I came over for a holiday with no idea that id feel this way or that id be posed with these problems now Oo but now I cant stand the thought of having to go home and wait for a k1... is there anything I can do to stay with him in the states?

Advice would be most welcome!!

Thanks in advance

[YuAndDan 153]

Sounds like your INTENT was not to immigrate, if this is the case, you could marry stay and adjust status.

SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2

[Dan J 277]

HELP!

I came over to the on a tourist visa to see old friends and I have completely fallen head over heals for one them (whom ive known for quite some time and found out he feels the same way), we'd like to marry as soon as possible....

I came over for a holiday with no idea that id feel this way or that id be posed with these problems now Oo but now I cant stand the thought of having to go home and wait for a k1... is there anything I can do to stay with him in the states?

Advice would be most welcome!!

Thanks in advance

As long as you are truthful about having no marriage intentions upon entry, you can skip K-1 and file AOS directly. You need to start with getting married first. Its best to do that before your current visa status expires. Then you will need to get a medical at a USCIS civil surgeon. You can then file for AOS, you will need to include form I-130 along with the AOS package.

Just be aware, leaving without AP or your green card will be considered abandonment. If you want to come back, you would have to start over.

[clear07 0]

HELP!

I came over to the on a tourist visa to see old friends and I have completely fallen head over heals for one them (whom ive known for quite some time and found out he feels the same way), we'd like to marry as soon as possible....

I came over for a holiday with no idea that id feel this way or that id be posed with these problems now Oo but now I cant stand the thought of having to go home and wait for a k1... is there anything I can do to stay with him in the states? ]

As far as i understand you need to go thru the proper channel i.e VISA to be with him . Over-stayin in your current tourist Visa will possibly cause problem for you. K1 journey may take some time however that is the right " legal " way for you to be together. I know it is difficult to be away from each other ( i hv been thru the same situation ) however once the process is over you both will be together for a long-long time without any hassles.

Now there might be another way available which im not aware of.

Hope things works out for you . Keep the faith.

[nane1104 146]

I agree, you have the option of filing for AOS after geing married here in the US without doing the K-1..or K-3, that's if you had no intentions of immigrating to the US when you came here.

Now that's whre it is getting tricky because you will have to proof that to the USCIS.

If you can, I guess there is nothing that should keep you from going that route, if you want to be safe, take the time for a K-1...it is not taking THAT long and you have time, if neccessary, to get your stuff in order in your homecountry...since you don't know how long it might take until you can travel again.

Just my 2 cents.

Good luck and congratulations!

[Jaseball 0]

Wouldn't it make more sense to go back and give it some time? Don't you have obligations, jobs, family, or other things that would still tie you to your current country you may want to wrap up and get sorted?

I guess if they are both sure about it and get married and apply from here it would also work, but it just seems like a very large decision to make. If I were looking at the adjustment it would be hard to believe the intent was not there if they come in under a different visa type and then get married.

If that is the case, then any country who has access to tourist visas would be wise to take that route. All you would have to say is you were dating for X amount of time and came here to visit and then they proposed and you got married. Then just stay here and file the forms and be together without having to be apart. How can you prove it isn't fraud or it is fraud in these cases?

[nane1104 146]

Wouldn't it make more sense to go back and give it some time? Don't you have obligations, jobs, family, or other things that would still tie you to your current country you may want to wrap up and get sorted?

I guess if they are both sure about it and get married and apply from here it would also work, but it just seems like a very large decision to make. If I were looking at the adjustment it would be hard to believe the intent was not there if they come in under a different visa type and then get married.

If that is the case, then any country who has access to tourist visas would be wise to take that route. All you would have to say is you were dating for X amount of time and came here to visit and then they proposed and you got married. Then just stay here and file the forms and be together without having to be apart. How can you prove it isn't fraud or it is fraud in these cases?

It is not that you just have to say that you didn't intend to get married here. It's tricky and probably hard to proof, but certainly not impossible.

Proof might be a work contract, lease for an appartment,...= binding ties, that show that you were just visiting the US.

I agree though, I would probably want to go back home first too, get all my stuff in order, have time to say bye to my family and friends,...but that is a personal decision to make.

[Dan J 277]

Wouldn't it make more sense to go back and give it some time? Don't you have obligations, jobs, family, or other things that would still tie you to your current country you may want to wrap up and get sorted?

I guess if they are both sure about it and get married and apply from here it would also work, but it just seems like a very large decision to make. If I were looking at the adjustment it would be hard to believe the intent was not there if they come in under a different visa type and then get married.

If that is the case, then any country who has access to tourist visas would be wise to take that route. All you would have to say is you were dating for X amount of time and came here to visit and then they proposed and you got married. Then just stay here and file the forms and be together without having to be apart. How can you prove it isn't fraud or it is fraud in these cases?

Sometimes you can't, but other times you can. If someone basically moves (ties up all loose ends, obligations, or terminates lease) here on a tourist visa, then its pretty clear they have intention to stay.

If the USCIS determines the fraud was committed, the consequences can be pretty severe. Including deportation, and possibly a ban.

[Mags 112]

Niagaenola (Kezzie) came in on the VWP and adjusted status from there. Her intent was also not to get married so she was able to stay here in the USA and file for AOS that way.

It can be done!

Edited July 30, 2007 by Mags

[hayley6377 0]

Niagaenola (Kezzie) came in on the VWP and adjusted status from there. Her intent was also not to get married so she was able to stay here in the USA and file for AOS that way.

It can be done!

We've been good friends for a long time and now that we are in love, I'd marry him in a hearthbeat...

The thought of being apart for 9 months makes to want to try to skip the k1 !!

I have my home, car, bills, etc to prove I had no intentions of staying...

Love! so complex!!

Good luck to every else waiting!

[nane1104 146]

Depending on where you are from origianlly, it doesn't have to take that long for a K-1. Look at my timeline for an example.

Personally I'd advise to go the K-1 route, but that is only a personal preference because I couldn't have just satyed here in the US without properly saying bye to family and friends, quitting my job, taking care of my personal belongings at home,...

But if you plan to stay here...it is possible and I wish you all the best!

[Carlawarla 1]

Sounds to me like you had no intent to immigrate, so go for it! Get married, and adjust status after this. Hopefully you have someone back "home" to wrap up things for you. Best of luck in your new home here!

Carla

[hayley6377 0]

Hopefully the fact that its the truth will work for me somehow *prays* I can wrap up things back home with a some leeeeeengthy phone calls, explanations and the help of my family over there....

[nane1104 146]

Hopefully the fact that its the truth will work for me somehow *prays* I can wrap up things back home with a some leeeeeengthy phone calls, explanations and the help of my family over there....

Make sure they keep the needed proof available to you, such as maybe a lease to an appartment that states that you had x months left on it, get something from your employer,...anything that states that you had the intend to go back to your homecountry.

Good luck!