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Adjustment of status

By Tcsar in Adjustment of Status from Work, Student, & Tourist Visas

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Tcsar Newbie

Tcsar   0

Posted
Filed: K-1 Visa Country: Haiti
 Timeline
Posted

Hello everyone I'm new here. My fiance and I need some help. We're currently deciding whether we should marry in Haiti or in the U.S being that he currently holds a tourist visa and travels back and forth. I heard about a 90 day rule and also he has no intentions to overstay his visa. 

 

Also once married we plan to adjust status from the visitor visa, do we than do an i130 or an adjustment of status application. My step children will be included in the application however they are in the US on another status (political asylum) 

TBoneTX Grand Master

TBoneTX   47,922

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is moved from the "AOS from WS&T Visas" Case Progress subforum to the main Process forum.

1 hour ago, Tcsar said:

marry in Haiti or in the U.S

Either, then file the I-130.  However, if you marry in the U.S., he must return to Haiti while the I-130 is processed.

1 hour ago, Tcsar said:

they are in the US on another status (political asylum) 

It's my understanding, correct or otherwise, that TPS for citizens of multiple other countries has been revoked.

If it's been revoked for Haitians, they too might need to return to Haiti.

---

Your profile says K-1.  Has the I-129F been filed?

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01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.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

Boiler Grand Master

Boiler   47,920

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

No 90 day rule

“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.”

milimelo Veteran

milimelo   4,838

Posted
Filed: Citizen (apr) Country: Bosnia-Herzegovina
 Timeline
Posted
20 minutes ago, Tcsar said:

He lives in Haiti but travels to the US on a visitor visa 

You can't adjust status - marry and file for I-130 - consular processing. Anything else would be illegal and you'd get in loads of trouble - not something you want. 

ROC 2009
Naturalization 2010

Crazy Cat Grand Master

Crazy Cat   45,265

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
11 hours ago, Tcsar said:

Also once married we plan to adjust status from the visitor visa,

Visa fraud......and a violation of Visa Journey's Terms of Service to condone.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

appleblossom Mentor

appleblossom   4,886

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted (edited)
4 hours ago, Tcsar said:

He lives in Haiti but travels to the US on a visitor visa 


Your only option is consular processing then. 
 

Good luck. 

Edited by appleblossom
smilingstone Community Regular

smilingstone   742

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

He can't travel to the US on a visitor visa with the intent of marrying you AND adjusting. 

 

You should marry where ever suits you both, and then go the spousal route. It doesn't sound like you've filed anything, fiance or spousal, yet? 

 

event.png

Crazy Cat Grand Master

Crazy Cat   45,265

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
On 9/13/2025 at 6:15 PM, Tcsar said:

Also once married we plan to adjust status from the visitor visa,

Just to clarify the Terms of Service, all members agree that they will not:

-----------------------

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

-----------------------

Visitor visas are for visiting....not immigrating.  If you use a visitor visa to enter the US with the intent to stay, you are misrepresenting your intent, and you are abusing the purpose of a visitor visa. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Tcsar Newbie

Tcsar   0

Posted
Filed: K-1 Visa Country: Haiti
 Timeline
  • Author
Posted
On 9/14/2025 at 6:17 AM, Crazy Cat said:

Visa fraud......and a violation of Visa Journey's Terms of Service to condone.

Hi, as stated in my info. I'm just getting information to make sure we don't do anything wrong to jeopardize his Visa status. I've seen people say you can marry in the US while others say you can't. Also some people say you can adjust status while I thought you can only do i-130. I was  just looking for information. I thought that's what this community was for. However you just jumping to conclusion assuming that we're committing fraud left a bad taste in my mouth. You're going up and down sending me the terms of the page is very unnecessary. 

Boiler Grand Master

Boiler   47,920

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You turn up as a visitor and are asked what the purpose of your visit is, if you tell the truth you will be on the next flight home.

“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.”

Tcsar Newbie

Tcsar   0

Posted
Filed: K-1 Visa Country: Haiti
 Timeline
  • Author
Posted
On 9/14/2025 at 11:09 AM, smilingstone said:

He can't travel to the US on a visitor visa with the intent of marrying you AND adjusting. 

 

You should marry where ever suits you both, and then go the spousal route. It doesn't sound like you've filed anything, fiance or spousal, yet? 

Hi I haven't filed yet. I've just been seeing some confusing info about filling when someone already have a Visa that's why I wanted to ask. He has no intentions of over staying his visa

Tcsar Newbie

Tcsar   0

Posted
Filed: K-1 Visa Country: Haiti
 Timeline
  • Author
Posted
1 minute ago, Boiler said:

You turn up as a visitor and are asked what the purpose of your visit is, if you tell the truth you will be on the next flight home.

So can I an American go get married in Italy? Are you not allowed to marry anywhere without it being fraud. The question I have is since he has a visa what would be the next step. WE HAVE NO PLANS TO OVERSTAY. 

 
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