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~PalmTreeGurl~

Question Regarding Marriage and how to adjust

By ~PalmTreeGurl~ in Middle East and North Africa

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~PalmTreeGurl~ Experienced

~PalmTreeGurl~   154

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

Hey Peeps! Question for a friend of mine. I'm sure he'll be along soon to ask more questions. He's going to be getting engaged to a girl over in Jordan then next summer they will be getting married. Right now she has a tourist visa to the USA. After they marry in Jordan what steps does he need to take to change the status and adjust? How do you go from a tourist visa to getting married over in Jordan and going through the process. Any ideas? Thanks!

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wendy&tamer Collaborator

wendy&tamer   10

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Filed: IR-1/CR-1 Visa Country: Egypt
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Posted

seems like they will do a CR1...she may or may not be able to come back using her tourist visa once she is married. If they got married here she could do the adjustment but she could not leave the country till it was approved is my understanding on that.

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Jordandawg05 Collaborator

Jordandawg05   13

Posted
Filed: AOS (pnd) Country: Jordan
 Timeline
Posted

Hello - i am her friend ^^^^

so the scenario is as described - she has a tourist visa for 5 years. What I've read online and i want to confirm is once we are married in Jordan she's able to enter the US on her current visiting visa, stay in the US while i petition for her green card. What i know is that she can enter on the visa, i have to file the I 130 form and at the same time have her submit the I 1485 to change her status. Is this the best and most practical way to apply for permanent resident?

Any help is appreciated and feel to ask any questions.

thank you.

Day 11/14 Mailed AOS Package

Day 11/16 AOS Package Accepted

Day 11/20 Received Text with receipt numbers

Day 11/21 Checks cashed

Day 11/26 -Letter for Biometrix - its on 12/20

Day 12/20/ went to do biometrics, turn away as wife has a cut on thumb - will try to walk in next week

Day 12/28 - bio metrics done ! - walked in San Diego as we were visiting my in laws.

Day 1/4/2013 - received text/email that case is ready to be scheduled for interview !

Day 1/15/2013 - received hard copy letter to let us know interview is on 2/12 !

Day 1/17/2013 - received text/email that EAD has been approved

Day 1/26/2013 - received EAD card

Day 2/12 - interview done - approved on spot!

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~PalmTreeGurl~ Experienced

~PalmTreeGurl~   154

Posted
Filed: Citizen (apr) Country: Egypt
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  • Author
Posted

Wassim, I think once ya'll marry in Jordan, she has to stay there and can not come over here bcz you will then have to come back here and apply for the CR1 visa for her which is the spouse visa. And I dont think the CR1 would take that long considering ya'lls background and her being a female.

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sachinky Mentor

sachinky   464

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

You cannot use a tourist visa to enter and adjust status. That is considered visa fraud -- misusing the intent of a visa (visiting) in order to immigrate.

You will have to file for the CR-1 once you are married in Jordan.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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sachinky Mentor

sachinky   464

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

The other way would be for your fiance to enter the US, get married, file for the CR-1. She can stay while her I-94 is valid but she will have to return to Jordan to complete the consular processing. Any other way would be illegal and considered fraud.

Just to reiterate : there is no issue in using a B-2 to enter the US and get married. People do it all the time. The issue is entering with preconceived intent to circumvent the immigration process and getting married and filing for AOS. Many people also do this successfully. But it is for you to judge whether that risk is worth it or not.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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~PalmTreeGurl~ Experienced

~PalmTreeGurl~   154

Posted
Filed: Citizen (apr) Country: Egypt
 Timeline
  • Author
Posted (edited)

Thanks! She lives in Jordan but just has a tourist visa to the USA that is valid for 5yrs.

So once he goes there to marry her, he comes back and applies for CR1 then they wait it out and she can not come over here while waiting for the cr1.

He just wants to make sure he gets the answers on how to do things the right way. She isnt in the USA now and wont be back in once they marry if thats the right way. I just asked him to join last night to find out how to do things the right way once they marry bcz I dont know all the info since I did k3 back in 2006.

Edited by ~PalmTreeGurl~
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sachinky Mentor

sachinky   464

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

If she already has an existing 5 year visa, she can always enter the US to visit while awaiting the CR-1 processing. Entry, as always, is at the discretion of the POE immigration official.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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  • 4 weeks later...
Jordandawg05 Collaborator

Jordandawg05   13

Posted
Filed: AOS (pnd) Country: Jordan
 Timeline
Posted

The other way would be for your fiance to enter the US, get married, file for the CR-1. She can stay while her I-94 is valid but she will have to return to Jordan to complete the consular processing. Any other way would be illegal and considered fraud.

Just to reiterate : there is no issue in using a B-2 to enter the US and get married. People do it all the time. The issue is entering with preconceived intent to circumvent the immigration process and getting married and filing for AOS. Many people also do this successfully. But it is for you to judge whether that risk is worth it or not.

one question, i am looking at the option of having her come on a B2 visa and marry here then wait it out in Jordan. how long does the I-94 take to complete?

I was thinking of having her come here ASAP in a month to marry , but i am planning to do a traditional engagement party/ceremony in December as well. so if she comes and we marry lets say 11/10 how long would she have to stay in order to complete paper work and leave to jordan to wait it out??

thanks for your help!

Wassim.

Day 11/14 Mailed AOS Package

Day 11/16 AOS Package Accepted

Day 11/20 Received Text with receipt numbers

Day 11/21 Checks cashed

Day 11/26 -Letter for Biometrix - its on 12/20

Day 12/20/ went to do biometrics, turn away as wife has a cut on thumb - will try to walk in next week

Day 12/28 - bio metrics done ! - walked in San Diego as we were visiting my in laws.

Day 1/4/2013 - received text/email that case is ready to be scheduled for interview !

Day 1/15/2013 - received hard copy letter to let us know interview is on 2/12 !

Day 1/17/2013 - received text/email that EAD has been approved

Day 1/26/2013 - received EAD card

Day 2/12 - interview done - approved on spot!

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sachinky Mentor

sachinky   464

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted (edited)

Her I-94 will have her authorized period of stay stamped on it. It will authorized at the discretion of the CBP officer at POE.

You can file for the I-130 with USCIS as soon as you receive your marriage certificate.

Edited by sachinky

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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