Arrested for DUI

[Fandango 1,440]

Well,

I don't think HIS DUIs matter much. He's a US citizen, they can't kick him out

I rather think you may have better luck with marrying NOW and submitting Adjustment of Status and Advance Parole ASAP. Then, you could go out of the US for up to 6 months worry free, right?

Otherwise, I am not sure if one can apply for K1 when his fiance in in the country. If one can, then there is no point to be waiting until you have 1 month on your visa. You might as well do it now, depending on where he lives, K1 will be sent to US embassy in your country in 2 - 4 months. But, if you get caught in security checks, it may be longer...

So bottom line - why complicate matters, just get married now!

Rika

sorry to say but Rika you doin the same mistake I did in the past but I did learn from my mistakes , giving some wrong info

yes your right about them not being able to kick him out since he is U.S citizen , but the AOS aplication while on a tourist visa ( hmmm very questionable ) ,

she should get more info on it cose to my understanding that could be visa fraud if you came to the states on a tourist visa in intentions of marriage

my advise is ask someone here with a lot of experience in that situation , ( like yu-dan . Dr-La , Pushbark if you read any posts when they replied you will see theyr advice is right on the dot , very good advice ,

Rika's suggestion is not a bad one....but it all depends on the OP's circumstances. Technically speaking, if the OP had NO intent upon immigrating through marriage upon entry whilst on a tourist visa, then it is not against the law to marry and then adjust status. It is upon entry if the op DID have immigrant intent and misrepresented herself at the POE where Rika's advise would not be legally feasible...

[TracyTN 237]

Well,

I don't think HIS DUIs matter much. He's a US citizen, they can't kick him out

I rather think you may have better luck with marrying NOW and submitting Adjustment of Status and Advance Parole ASAP. Then, you could go out of the US for up to 6 months worry free, right?

Otherwise, I am not sure if one can apply for K1 when his fiance is in the country. If one can, then there is no point to be waiting until you have 1 month on your visa. You might as well do it now, depending on where he lives, K1 will be sent to US embassy in your country in 2 - 4 months. But, if you get caught in security checks, it may be longer...

So bottom line - why complicate matters, just get married now!

Rika

There's no reason this cannot be done, so long as the foreign fiance/e returns to their home country at the time dictated by their tourist visa.

[rika60607 215]

Here is another point for you, to consider getting married NOW!

If you are on J1 visa, and had been in the US for almost 2 years, I do not think this would ever be considered as marriage fraud. It could be considered fraud if you were on a tourist visa, but still there are exceptions (like if you met your boyfriend AFTER you came to the US).

2 years is a long time for a relationship to develop and clearly, you came on J1 - to work! Not to commit a marriage fraud. And if your relationship is good and you have proofs (living together, vacation trips together, common friends, his parents approving)... come on. If "marriage fraud" questions ever come into a picture you will be able to wave those doubts easily.

However, do not get married in the last week of your visa validity and don't overstay your visa. That, although it does not guarantee you having problems, may raise a question whether you are marrying because you are desperate to stay in the US.

It is much easier to stay in the US and adjust status, than to get back on K1, K3 or GC. I have plenty of friends who adjusted status from F1 and J1 and never anyone had a problem.

Now, to the actual point: J1 requires that you go back to your country for 2 years. You will not be allowed to get K1, K3 or GC for 2 years!!! I suspect, you may not even be eligible to apply until 2 years passed! Don't panic yet! There is a waiver for J1, which however will only work if you did not work for government. You need to investigate this further.

So where am I? Oh yeah, in France... All the problems, like your BF DUIs and your J1 waiver are far more easy to deal with when you are in the US. They may try to say you can't have K1 because he has DUIs. Well, let them try to deport you as his wife who lived with him for a few months and is happy with the relationship. That is much harder to do and less likely to happen.

I think that you leaving the US before marriage and adjustment of status can cause a separation of two of you for a period of 9 months to 2 years and 9 months. Are you ready for this? Is he?

Rika

PS Somebody has to drive this guy around while he's drinking, right?..

Hi! Everyone I'm new for this website. I thought it should be useful for our

situation. I and my boyfriend decided to get married but i just found out that my boyfriend

had been arrested for DUI 3 times, but he was off probation about 3 months

ago. He is free now. But I'm worry about his record because he was planing

to file petition for my K1 Visa. And i'm really worry so if anyone has suggest

that can help us please don't hesitate. Becuase we were planing to submit

the petition in 2 months. we really appreciate your help!!!!