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Filed: K-1 Visa Country: Philippines
Timeline
Posted

My friend is a US citizen. He wants to marry a woman who originally came here on a tourist VISA, but overstayed. Since I married a foreigner, apparently I am some kind of 'expert' now. Anyhoo, he is a natural-born citizen. She is from Taiwan. They have been living together for a few months and want to get married, but have no idea where to even begin. I thought I'd ask here. Does anyone here have any info or suggestions?

K1 VISA
07/05/15....First Chat

09/09/16....First Meeting In Davao, Philippines

10/24/16....I-129F mailed to Lewisville, TX

11/07/16....NOA1 Hard Copy Received
12/02/16....NOA2 Hard Copy Received I-797
02/02/17....Visa in Hand 

03/07/17....POE

04/22/17....Wedding

04/27/17....Applied For SSAN

05/11/17....Received Social Security Card

AOS

07/10/17....I-485 Sent (Slightly Late) 

07/17/17....I-485 Received

08/16/17....Biometrics

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Where I am you get a Marriage License from the County Offices, same place that deals with vehicle registration.

 

Presumably with a K1 you married and know the process?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

If you have specific questions about the process, please list them so that we can help or refer you.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: K-1 Visa Country: Philippines
Timeline
Posted

OK, I'll start over:

She is in the country on an expired tourist VISA. They cannot simply go to the Clerk of the Courts for a license since she has no legitimate ID like my wife with the K1

The specific question was where to start. This is not the standard 'marry an immigrant' topic. Are there forms for this situation? She already went thru the process for a VISA twice, so at least that part is done. It's not like she came here hidden in a cargo ship. I tried to Google it, but all I got were lawyer ads. 

K1 VISA
07/05/15....First Chat

09/09/16....First Meeting In Davao, Philippines

10/24/16....I-129F mailed to Lewisville, TX

11/07/16....NOA1 Hard Copy Received
12/02/16....NOA2 Hard Copy Received I-797
02/02/17....Visa in Hand 

03/07/17....POE

04/22/17....Wedding

04/27/17....Applied For SSAN

05/11/17....Received Social Security Card

AOS

07/10/17....I-485 Sent (Slightly Late) 

07/17/17....I-485 Received

08/16/17....Biometrics

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Presumably she has a Passport?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Can she try using her passport for ID, independent of whether the visa has expired?

This has worked for K-1 marriages, of course.

The Clerk of Court should have no comment about a Federal issue (immigration status).

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Yes, she has a passport, but that is all. Will they not ask about her immigration status or any other paperwork? I had to do a ton of paperwork for us to get married. It just seems that there would be much more involved.

K1 VISA
07/05/15....First Chat

09/09/16....First Meeting In Davao, Philippines

10/24/16....I-129F mailed to Lewisville, TX

11/07/16....NOA1 Hard Copy Received
12/02/16....NOA2 Hard Copy Received I-797
02/02/17....Visa in Hand 

03/07/17....POE

04/22/17....Wedding

04/27/17....Applied For SSAN

05/11/17....Received Social Security Card

AOS

07/10/17....I-485 Sent (Slightly Late) 

07/17/17....I-485 Received

08/16/17....Biometrics

 

Filed: K-1 Visa Country: Wales
Timeline
Posted
Just now, Haltech007 said:

Yes, she has a passport, but that is all. Will they not ask about her immigration status or any other paperwork? I had to do a ton of paperwork for us to get married. It just seems that there would be much more involved.

You did not provide any immigration paperwork why would they?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
3 minutes ago, Haltech007 said:

Will they not ask about her immigration status

It's not in their wheelhouse.

If someone asks, a response similar to "That's on the Federal level, but thanks for asking" should suffice.  Repeat it, if necessary.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
19 minutes ago, Haltech007 said:

Yes, she has a passport, but that is all. Will they not ask about her immigration status or any other paperwork?

Not IME.

 

I know for sure, Cook, Santa Clara, and Utah counties do not care. I doubt Clark (Vegas) county cares either. 
 

21 minutes ago, Haltech007 said:

I had to do a ton of paperwork for us to get married

Could be your county is not an place for people who lack documents  to get married in. Fortunately there are 100s of counties to pick from. I love this country: a veritable supermarket of marriage license choices.

 

 

 

 

Posted (edited)
45 minutes ago, Haltech007 said:

Yes, she has a passport, but that is all. Will they not ask about her immigration status or any other paperwork? I had to do a ton of paperwork for us to get married. It just seems that there would be much more involved.

I was legal and married in the Midwest. Used passport to file for marriage and at no point was asked about it. It shouldn't come up directly.

Edited by jackiegringa

event.png

 

N-400 3 year marriage based (IOE)

Jan 22, 2024 - Submitted online 

Jan 22, 2024 - Biometrics waived

Mar 6, 2024 - Interview scheduled for Apr 11 COMBO I-751/N-400

Apr 11, 2024 - Combo interview - approved N-400

May 1, 2024 - Approved ROC, received 10 GC on May 20.

May 7, 2024 - Oath scheduled for June 14 (requested later ceremony at interview)

June 14, 2024 - Special Flag Day Oath ceremony - I'm a citizen!!!

 

Posted
2 hours ago, Haltech007 said:

OK, I'll start over:

She is in the country on an expired tourist VISA. They cannot simply go to the Clerk of the Courts for a license since she has no legitimate ID like my wife with the K1

The specific question was where to start. This is not the standard 'marry an immigrant' topic. Are there forms for this situation? She already went thru the process for a VISA twice, so at least that part is done. It's not like she came here hidden in a cargo ship. I tried to Google it, but all I got were lawyer ads. 

We did a K-1.  No one (from the county marriage license office staff to the wedding officiant) asked to see any documentation related to immigration status.  My husband used his unexpired NZ passport as picture ID until he was able to get a Washington state drivers license.

 

 

Posted (edited)
7 hours ago, Haltech007 said:

My friend is a US citizen. He wants to marry a woman who originally came here on a tourist VISA, but overstayed. Since I married a foreigner, apparently I am some kind of 'expert' now. Anyhoo, he is a natural-born citizen. She is from Taiwan. They have been living together for a few months and want to get married, but have no idea where to even begin. I thought I'd ask here. Does anyone here have any info or suggestions?

Same how you'd marry a citizen, you go to city hall, or court or whatever place issues marriage licenses, pay for that, then you have someone (judge, justice of peace, priest, ship's captain) officiate the wedding and file the paperwork with the state.

 

Being a tourist visa overstayer marrying a citizen the process will be simple, marry, file I-130, I-130A, I-485, I-765, I-131, and I-864, also I-693 signed a civil surgeon, attend the interview and she'll get her CR6/IR6 green card.

 

Regarding ID, presumably she has a passport, if not then she'll need to contact the equivalent to an embassy/consulate for Taiwan in US and renew that.

Edited by Demise

Contradictions without citations only make you look dumb.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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