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sofkins

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  1. Like
    sofkins reacted to NikLR in Fiance is here on a visitor visa should we marry or file for k1 visa   
    Again, legal and allowed by all visa types (including vwp and visitors from Mexico and Canada.) The only people who cannot adjust their status based on marriage to a USC are those that entered without inspection. There are waivers for that thougb.
  2. Like
    sofkins reacted to americanirish87 in Fiance is here on a visitor visa should we marry or file for k1 visa   
    Agree completely. You cannot enter the US on a visitor visa knowing you are coming here to get married and stay but clearly that is not the case for you as you haven't even made up your mind yet. Circumstances change and people decide to get married while on a visa waiver./visitor visa.... AOS exists for people adjusting from a visitor visa (among others) so it happens everyday and is approved everyday.
    I think a lot of VJers get annoyed with people who AOS from a visitor visa/ visa waiver and not a K1 because they dont have to go through as much and take as much time as K1 people.... BUT its still allowed so if you want to do it, you can.
    Like someone else said... your partner can stay in the US while the AOS is being processed but he will not be able to work or travel until he gets EAD/AP which could take up to 6 months. I would strongly recommend filing for your AOS BEFORE your partner goes out of status. That way he doesn't accrue any illegal time here.
    My now husband entered as a visitor, we got married, and adjusted status and he has been approved for his GC. It was 2.5 months for EAD/AP, 4 months for interview + approval but the timelines can vary significantly depending on where you are, so keep that in mind.
    Good luck!
  3. Like
    sofkins reacted to IcezMan_IcezLady in Fiance is here on a visitor visa should we marry or file for k1 visa   
    You can marry and adjust with AOS or you can marry, and he returns to Jamaica and file CR-1.
    The easiest way is to file AOS after marriage while he is here. VWP has allowed EU members especially to use this loophole why not her?
    Good luck.
  4. Like
    sofkins got a reaction from elmcitymaven in Fiance is here on a visitor visa should we marry or file for k1 visa   
    He's been here before on a work visa twice maybe that's why it was easier for him. We are not going to get married tomorrow he hasn't been here a month yet and approved to stay until july. He is currently looking into some business opportunities which was his reason coming in the first place and to also visit me. No we just started thinking about it and discussing it yesterday. So this was after he got here. I see where people will want to say Im trying to take a shortcut but that was not our intention at all. I'm here to ask people who have experience with this and to weigh our options
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