prsuzor

His waiver recently expired and we have most of the forms ready. The link to the I-693 Medical Examination form doesn't work, though. Have they changed the name of the form? At the moment, I have no idea what the doctor will require of him as I left that form until the very last.

I was told that when they consider the adjustment of a spouse they are allowed to overlook things like illegal work and such, so that's why I'm a little unsure.

Its not that they are "allowed to overlook" these things, the law states that they cannot use illegally working or overstaying as a reason to deny AOS if the person is filing AOS as an immidiate relative of a US Citizen.

I just wanted to simplify it into three words . Thanks much for all your help, Dr LHA

Does anyone else have any verifiable information on whether the I-485 has to be sent before his VW expires, or if they're ok with a spouse overstaying a couple of weeks. I was told that when they consider the adjustment of a spouse they are allowed to overlook things like illegal work and such, so that's why I'm a little unsure.

Thanks.

Great. I didn't know this site had a section on this sort of thing. I now see that he gets an EAD while he waits for the green card. Most excellent! If only we applied in july...

Just finally and quickly, do we have to apply while his Waiver is still valid?

Thanks for the help.

This is his second trip. We originally planned on me going to Australia to file a DCF earlier this year but got screwed over when they changed the rules about DCF with absolutely no warning at all. This trip was planned as a brief visit before filing the K-3 but we recently found out that spouses are eligible to adjust status on VWP. We also just learned about the ridiculous new fees but that won't be too big of a hassle if it means we dont have to way 5-10 years (approx.) for the K-3 to be approved.

Anyway, I didn't want to get into the details, I just wanted to know about the process.

Then please read my first response you cannot leave after marriage and then re-enter on the VWP and adjust as a way of circumventing the CR-1 or K-3 visa process, they will see this when interviewing and can deny and deport for this.

File the I-130 and if you want to doe the K-3 then file I-129F after getting the NOA1 for the I-130.

The CR-1 lately only takes a bit larger and is much less than the K-3, has the advantage of an immediate green-card, K-3 assumes you will file that nasty $1010 fee for AOS later after entry on the K-3.

Hmm, CR-1 you say? I'll look into this...

Also (off-topic), if they allow you to adjust status on the VWP if you 'find true love' and get married, wouldn't that too be seen as a way of circumventing a visa process (K1).

Note: by the time you would get the CR-1 it may become an IR-1 visa if you celebrate your 2nd wedding anniversary before entry on the (CR-1/IR-1) Immigrant visa and will get the 10 year permanent un-conditional green-card, no lifting of conditions needed

I never read about this CR-1 before. I did a little searching just now about it, but I'm not as familiar with the conditions as I am with the K-3. Basically it means he can get a green card without having to adjust status, correct? Does it have to be filed when he's outside the U.S? If not, how long would it be until he can legally work?

The results I quickly searched for weren't very conclusive, so I'll do some more research...

So when your husband last entered the USA last, he did not have any intention of filing for AOS on that trip, it was intention to leave after this trip and to return home to file for a visa? Immigration intent is all that matters, if there was no intent and the decision to file for AOS was made after he entered the USA, then no rule is being broken.

This is correct, and there can be various proofs to back it up (return plane tickets and so on).

This is his second trip. We originally planned on me going to Australia to file a DCF earlier this year but got screwed over when they changed the rules about DCF with absolutely no warning at all. This trip was planned as a brief visit before filing the K-3 but we recently found out that spouses are eligible to adjust status on VWP. We also just learned about the ridiculous new fees but that won't be too big of a hassle if it means we dont have to way 5-10 years (approx.) for the K-3 to be approved.

Anyway, I didn't want to get into the details, I just wanted to know about the process.

Then please read my first response you cannot leave after marriage and then re-enter on the VWP and adjust as a way of circumventing the CR-1 or K-3 visa process, they will see this when interviewing and can deny and deport for this.

File the I-130 and if you want to doe the K-3 then file I-129F after getting the NOA1 for the I-130.

The CR-1 lately only takes a bit larger and is much less than the K-3, has the advantage of an immediate green-card, K-3 assumes you will file that nasty $1010 fee for AOS later after entry on the K-3.

Hmm, CR-1 you say? I'll look into this...

Also (off-topic), if they allow you to adjust status on the VWP if you 'find true love' and get married, wouldn't that too be seen as a way of circumventing a visa process (K1).

This is his second trip. We originally planned on me going to Australia to file a DCF earlier this year but got screwed over when they changed the rules about DCF with absolutely no warning at all. This trip was planned as a brief visit before filing the K-3 but we recently found out that spouses are eligible to adjust status on VWP. We also just learned about the ridiculous new fees but that won't be too big of a hassle if it means we dont have to wait 5-10 years (approx.) for the K-3 to be approved.

Anyway, I didn't want to get into the details, I just wanted to know about the process.

Hi,

My husband and I are considering the prospect of having him adjust his status while on his VWP right now. First of all, we were married on his last trip in 2006, and initially had no intention of doing this on his current trip. I am aware of the 'burden of proof' required during the interview, so I don't want to hear any of that, I'm just wondering if other people have done it or know of stories. I'd like an idea of the timeline (how long until he gets his green card, etc.), because I read that spouses get priority treatment when it comes to green cards. I'd also like to know if you can file it after his waiver expires, because I've heard that they're lenient on spouses in that regard too...

Any help would be much appreciated,

Dominique

So basically you need share a house, car and friggin yacht too? Tsk tsk.

I'm a perfectionist and even if my forms are sent off perfectly and properly, I'll still worry! With that said, I need a couple of things cleared up by you guys before I can safely send away.

I've read the guides on the site, they're very helpful, but some things I've had to work out on my own and a couple have me puzzled:

1) On the G-325A, in the black box at the bottom of each page, is the name of the petitioner to be written on both the Citizen's and the foreign spouse's? Also, what about where it says 'Alien Reg No.'? Do I write N/A or is there something I don't know?

2) Also with the G-325A, where it says 'this form is submitted with an application for:', which box, if any, best suits the K3 Visa?

3) Showing evidence of a joint bank account was deemed acceptable evidence for a bonafide marriage, but how much evidence of the account will i need to show? Just a bank statement?

Thanks.

This may sound stupid, but where it says 'This form is submitted in connection with an application for:', which box best suits an alien fiance?

Thanks guys, he's going to bring payslips & employer letter.

off topic:

I believe we can get married under the VWP, so long as it wasn't the intention or reason of the visit. Is that true?

What is the 'implied' limit on someone using the VWP?

My boyfriend came here for 2 months earlier in the year, then came back for 3 and the Customs weren't too happy about that (he was just going off what his travel agent said: that it was OK), but let him in anyway. It's now 5 months since he left and was considering coming over here for 4-6 weeks around January before we decide to submit the K-1, do you think they'd let him? Have any of you known others who have 'abused' the system worse in the space of a year?

Thanks.

They should direct our stuff to Vermont while they deal with being border nazis.

Let's do it again.

I can't add a whole lot to what my fellow younguns have above (I do agree with the whole shebang that's been said), but I have to stress that IMHO you really shouldn't avoid telling your parents. My fiance (20) and I (22) put off telling his mom for quite some time as she has never been a supporter of our relationship. We put off telling her for quite some time in fear that she would do something rash, like kick him out of her house, or disown him, or something similar. We were absolutely certain she'd throw a fit and try to talk us out of it.

For quite some time I had been going through major stress because he wouldn't tell her. The stress was so heavy that we kept putting off the actual filing of the K1, and rather just working around it as long as possible. We put off filing the K1 for over a year, because we had such a hard time with telling his mom that this was the way it was going to happen, and that's that.

Eventually we bit the bullet and told her. She'd told us that she suspected this would happen someday and she had already basically prepared herself for it. We were shocked. She was suprisingly, honestly okay with it and it has made this entire journey so much easier. It was no longer weighing on our minds every time the topic came up.

I'd be scared to think where we'd be right now had he not told her.

There's another fellow young poster here who just told her mom and was very nervous about it as well but it sounds like it went a lot better than expected there, too.

Even if they do decide to talk you out of it or whatever, you are legally in charge of your lives now and they can feel however they want about it-- you make the call in the end.

Put simply-- Telling your parents is going to be one of the the easiest parts of this journey. If you can't do that, you're going to have one hell of a time with the entire K1 Journey.

it's true, all so true. i guess my main problem is that i don't want to tell them during this process. i don't know why, but for some reason it just seems so much easier if we were to just get married and then tell them. at this point, i don't want any of their feedback, positive or negative. privacy is all i want.

Hmmm. At what point are you intending to let your families in on it?

As for the AoS thing.. if you don't meet the criteria... you can be denied.. So you kinda have to find someone to help you out -if- you don't meet the guidelines. You will be in for a bit of a rougher ride taking both your age and family situation into consideration, but it's still quite possible. Just build a strong case.

good question...i really don't know when we'll tell them. i don't think his parents would mind, it's actually just my parents we'll have to worry about. unfortunately, i know for a fact that they will not pleased to hear the news and will only try to talk me out of it.

but thanks for the reassurance. i know despite the age-family-sponsor problem, everything else should (hopefully) be fine.

Well, welcome to the club.

First off age doesn't matter once you're past the age of 18. What matters is having met at least once in the 2 years previous to filing your application and having good, solid proof.

Once you move to the embassy stage, then you worry about proving you have a loving, ongoing relationship that you fully intend to continue once in the U.S.

Depending on where you file (Vermont Service Center takes between 2-4 months for an approval at most typically, California Service Center takes between 2 and 6 months and varies wildly) it will take typically between 4-8 or more months. On average. Check the VJ timelines for more accurate information based on your country of origin, service center, embassy, etc.

And a piece of advice coming from someone who is only 21:

Don't keep this from your parents. If you are, it means you know it's something you shouldn't be doing or don't think they would approve of... and that can come across at your interview when they may or may not ask "have you met his/her parents?". Answering "Well no, because they don't know" wont look all that hot to a consular officer.

Not to mention at 18 you will likely need a co-sponsor to fulfill financial obligations. This person is usually related to you. Have fun explaining that one.

It took me awhile to tell my mom and dad but when I did, shortly before filing, they were thrilled. Not having to keep a secret as big as this will be a huge relief, TRUST ME. Tell them, or don't file for the K-1 until you believe you can.

*Edited for several spelling mistakes. I'm tired.

well, it's not so much that i don't think they'd approve as much as i just don't really want it to be any of their business. also, i'm not actually on speaking terms with my dad anyway, so could i just tell that to a consular officer. my fiance has met my mother and siblings though, so maybe that helps?

i suppose the co-sponsor part is going to be the most difficult thing, but surely not everyone is able have someone help them out?

There are many phases of this process.... You are probably looking at around 4 mos. minimum to get through the entire phase.

If you can meet the burden of proof then you should be able to get through it but your case will provide challenges.

Amongst many of the challenges, do you have the financial ability to do this?

yeah, that's another problem. i know that technically, i'm supposed to be able to support him, but he's the one with any real money. however, i think i make enough now to be able to meet the financial requirements, and if not, i believe i can find someone who would be willing to co-sponsor for us. but gaaah, more paperwork and more legal stuff.

what are some of the other main challenges? i think i'm afraid to find out.

after being apart for a mere two weeks, my fiance and i decided that getting married was the only way to permanently solve our long distance problem. since then, we've researched everything needed for the K-1 visa so that we can get married and be together without all the country hopping we've been doing. anyway, i've found that getting the paperwork together has become more and more complicated, mostly because of the conflicting information i've gotten from different sources. i mean, jesus, how long does this whole process actually take? 2 months? 4 months? 8? i've heard them all! i know it varies depending on the case, but what determines how well a case goes?

another glaring problem for us is the fact that we're both only 18 years old. i'm not exactly sure if this would make us less eligible or not. to make matters a little more strange, neither of us really plan on telling our parents what we're up to until everything is finalized.

i guess what i really want to know is if there's any hope for us, and if so how long are we looking at?

any help or advice would be much, much appreciated!