Can I marry immediately in the US, or is the K1 correct way?

[athena_ny 1]

If your "significant other" arrives in the US on a B2, and you get married and he/she STAYS in the US, is it harder to file an adjustment compared to if your "significant other" arrived in the us on a K1? I'm just wondering because it would seem more suspicious, at least in my eyes.

Also, once you file for AOS on a B2, are all the procedures the same as a K1 , such as Advanced Parole, EAD, SSN, etc...? Or would it also be harder to obtain?

It is exactly the same process for someone entering on a B2/VWP as it is for someone entering on a K1 and filing for AOS, it is no harder and takes no longer....

I did it and have no regrets... if you enter legaly and had no intentions of getting married and remaining the you can do AOS... why would you want to return to your home country and then file for a K1 when there is a route open to you to file for AOS and remain together....

Good Luck

Kez

Haven't seen you around as much lately Kez...glad to see you

[tom_g 3]

Thanks for your replies so far, I appreciate it

Now for some more information, just to complicate matters further...

My girlfriend is currently in a rehabilition program - she got caught for a DUI just after christmas, and being her third DUI in ten years (the previous ones were 8 and 9 years ago), she was given a choice - 120 days in county jail or 120 days in rehab. Naturally she chose rehab... but she doesn't come out of rehab until early August. I'm not entirely sure if she can actually get married while the courts have control of her, and if we did get married she'd have to file the paperwork from rehab.

I'm due to fly home at the end of April. We had previously agreed to meet up again in August, get married, and take it from there. Reading your responses so far, leaving the US would be the least sensible thing to do. But that puts us both in a tough position, because I'd have to survive until August, and even when she came out we'd have to survive until we could both get jobs. which for me, would mean waiting for the EAD to be approved

I guess my main question is this: If I leave at the end of April, then re-enter the US for a week or so in August under my current B-2 , marry her in Vegas, file for AOS and EAD... do we really stand a chance of getting approval? or am I likely to get denied, barred from the US and thrown into guatanamo bay?

7 months seems a long time to wait to be allowed to marry, but faced with the logistical difficulties of marrying while she's in rehab, and balanced against the outright dodginess of coming back for a week or two in August then getting married, I'm at a loss to know what I should do for the best

It sometimes feels like I'm living in a soap opera, all I know is that I love her dearly, want to spend the rest of my life with her, and that at some point in the distant future i'll look back at this period of time with a smile saying "it was worth it"

[TimsDaisy 0]

Thanks for your replies so far, I appreciate it

Now for some more information, just to complicate matters further...

My girlfriend is currently in a rehabilition program - she got caught for a DUI just after christmas, and being her third DUI in ten years (the previous ones were 8 and 9 years ago), she was given a choice - 120 days in county jail or 120 days in rehab. Naturally she chose rehab... but she doesn't come out of rehab until early August. I'm not entirely sure if she can actually get married while the courts have control of her, and if we did get married she'd have to file the paperwork from rehab.

I'm due to fly home at the end of April. We had previously agreed to meet up again in August, get married, and take it from there. Reading your responses so far, leaving the US would be the least sensible thing to do. But that puts us both in a tough position, because I'd have to survive until August, and even when she came out we'd have to survive until we could both get jobs. which for me, would mean waiting for the EAD to be approved

I guess my main question is this: If I leave at the end of April, then re-enter the US for a week or so in August under my current B-2 , marry her in Vegas, file for AOS and EAD... do we really stand a chance of getting approval? or am I likely to get denied, barred from the US and thrown into guatanamo bay?

7 months seems a long time to wait to be allowed to marry, but faced with the logistical difficulties of marrying while she's in rehab, and balanced against the outright dodginess of coming back for a week or two in August then getting married, I'm at a loss to know what I should do for the best

It sometimes feels like I'm living in a soap opera, all I know is that I love her dearly, want to spend the rest of my life with her, and that at some point in the distant future i'll look back at this period of time with a smile saying "it was worth it"

Entering with the intent to marry using your B-2 visa is fraud. You can start paper work while you're here and probably still travel with you B-2 to visit while everything processes, but don't marry and try to adjust. Big no-no, the way you're framing it.

Find out what the requirements of her rehab are and whether that really does complicate your ability to marry and file the necessary paperwork. I think you would really benefit from some more research and, if her situation is that legally complicated, perhaps a consultation with a qualified attorney. Don't shut doors now, but learn all you can so you make smart choices from here on out.

btw: why are you traveling on a B-2 instead of under the visa waiver program (VWP)?

Edited April 12, 2007 by TimsDaisy

[JayJay 4]

I presume you're on a B2 because of business?

I did the marriage then adjustment thingy as well, quite out of the blue, and had no problems whatsoever. I got asked in the interview "what made you get married?" and I was completely honest and replied "well, he'd finally asked me, and we wanted to be joined together immediately!" or something along those lines.

In the end, you're as likely as not to have a few financial pressures when you first get on your feet here in the US, whether you come in on a K1 or not. Sure, some people have zillions in savings - but then some people don't. First things fist, if you want to stay: do it. Contact you British creditors if you have any, and tell them you will need to temporarily suspend your payments. Tell them why, and the legal ramifications of working. They will probably be happy to work out a plan with you, taking that burden off.

So she's in rehab. Heh - my hubby's been there and guess what: funnily enough we're now in roughly the same position: he's FINALLY asked for help with his alcohol problem (after some dealings with the police last week, which I won't go into here - very dramatic stuff) and attended his first AA meeting yesterday. he's going to have to go back to court on the 30th of this month and I expect he'll be ordered into rehab as well.

You can get married in an outpatient rehab program - there's not law against it. She's probably on probation, right? That's not the same as parole so she could very likely leave the state to get married and also, even if one WERE to be on parole, that still wouldn't hinder marriage - it's a union between two people. they're not going to punish her by disallowing marriage!

The immigration process does not look at things like this negatively, either - they're really out to find out if she's had prior domestic violence convictions, solicitation etc etc - something that would endanger you. If she HAD these types of crimes on her record, they would make her tell you about them. These crimes don't include theft, parking tickets, DUI's etc - they mean morally bad things like murder and child abuse, etc. If YOU had fourteen DUI's on your record back in England, that would probably come up on a security check and they might look at you a bit funny, however...

I would say that life is hard whichever way you look at it. Some times are going to test you, and some are going to be utter bliss. I think you'll find happiness either way, eventually - personally I chose to stay, and it took a while to get my work permit, but I'm all fine and dandy now - a few creditor got pissed off, but that's about the size of it

Good luck whatever you decide!

Edited April 12, 2007 by JayJay

[athena_ny 1]

Thanks for your replies so far, I appreciate it

Now for some more information, just to complicate matters further...

My girlfriend is currently in a rehabilition program - she got caught for a DUI just after christmas, and being her third DUI in ten years (the previous ones were 8 and 9 years ago), she was given a choice - 120 days in county jail or 120 days in rehab. Naturally she chose rehab... but she doesn't come out of rehab until early August. I'm not entirely sure if she can actually get married while the courts have control of her, and if we did get married she'd have to file the paperwork from rehab.

I'm due to fly home at the end of April. We had previously agreed to meet up again in August, get married, and take it from there. Reading your responses so far, leaving the US would be the least sensible thing to do. But that puts us both in a tough position, because I'd have to survive until August, and even when she came out we'd have to survive until we could both get jobs. which for me, would mean waiting for the EAD to be approved

I guess my main question is this: If I leave at the end of April, then re-enter the US for a week or so in August under my current B-2 , marry her in Vegas, file for AOS and EAD... do we really stand a chance of getting approval? or am I likely to get denied, barred from the US and thrown into guatanamo bay?

7 months seems a long time to wait to be allowed to marry, but faced with the logistical difficulties of marrying while she's in rehab, and balanced against the outright dodginess of coming back for a week or two in August then getting married, I'm at a loss to know what I should do for the best

It sometimes feels like I'm living in a soap opera, all I know is that I love her dearly, want to spend the rest of my life with her, and that at some point in the distant future i'll look back at this period of time with a smile saying "it was worth it"

You can marry and wait to file paperwork. Like I said, overstay is forgiven upon marriage to a US citizen ... we've seen cases of 8+ years of overstay forgiven at adjucation. (More like, they don't even take it into account.)

If you're here, I'd say - get married, wait til she's out of rehab to file if you're worried about it. I don't see why she couldn't get married, unless rehab is one of those "can't leave at all until you're done" things. If it's outpatient, shouldn't be an issue. Inpatient, a little more difficult, but people in max security prisons are allowed to marry - she should be allowed to.

I'm not so sure you even need to go to Vegas - in my state, you're ok to marry within 3 days (if both are residents of the state and haven't taken the marriage course, if one person isn't a resident, like you, it's right away that you can marry).

I know I'd want to avoid the k1 headache.

Thanks for your replies so far, I appreciate it

Now for some more information, just to complicate matters further...

My girlfriend is currently in a rehabilition program - she got caught for a DUI just after christmas, and being her third DUI in ten years (the previous ones were 8 and 9 years ago), she was given a choice - 120 days in county jail or 120 days in rehab. Naturally she chose rehab... but she doesn't come out of rehab until early August. I'm not entirely sure if she can actually get married while the courts have control of her, and if we did get married she'd have to file the paperwork from rehab.

I'm due to fly home at the end of April. We had previously agreed to meet up again in August, get married, and take it from there. Reading your responses so far, leaving the US would be the least sensible thing to do. But that puts us both in a tough position, because I'd have to survive until August, and even when she came out we'd have to survive until we could both get jobs. which for me, would mean waiting for the EAD to be approved

I guess my main question is this: If I leave at the end of April, then re-enter the US for a week or so in August under my current B-2 , marry her in Vegas, file for AOS and EAD... do we really stand a chance of getting approval? or am I likely to get denied, barred from the US and thrown into guatanamo bay?

7 months seems a long time to wait to be allowed to marry, but faced with the logistical difficulties of marrying while she's in rehab, and balanced against the outright dodginess of coming back for a week or two in August then getting married, I'm at a loss to know what I should do for the best

It sometimes feels like I'm living in a soap opera, all I know is that I love her dearly, want to spend the rest of my life with her, and that at some point in the distant future i'll look back at this period of time with a smile saying "it was worth it"

Entering with the intent to marry using your B-2 visa is fraud. You can start paper work while you're here and probably still travel with you B-2 to visit while everything processes, but don't marry and try to adjust. Big no-no, the way you're framing it.

Find out what the requirements of her rehab are and whether that really does complicate your ability to marry and file the necessary paperwork. I think you would really benefit from some more research and, if her situation is that legally complicated, perhaps a consultation with a qualified attorney. Don't shut doors now, but learn all you can so you make smart choices from here on out.

btw: why are you traveling on a B-2 instead of under the visa waiver program (VWP)?

Maybe b/c the visa allows a longer stay?

[TimsDaisy 0]

Maybe b/c the visa allows a longer stay?

True, but unless it's multi entry, it seems like the timelines might not work out. Most are valid 1 year, right? If he's been here 6 months and needs to go home, and then he comes back in a few months, he'd only be able to stay a few months longer. PLUS he needs to be prepared for a bit of static coming back (probably would get in, but he'd be wise to come armed with the usual evidence of ties, etc).

The more I think about this thread, the more I want the OP to do whatever possible to marry now and do things this way. It might be a bit more of a headache than if there were no rehab timelines to worry about, but I don't think he really gets what he's facing if he goes home and does the K1 process.

Get married as soon as you can. Get the AOS paperwork in as soon as you can. Apply for advanced parole. Go home, earn some money, be able to come back with (markedly decreased/)no fear of getting denied at the border.

Seriously, man, make it happen. You can do it! Do it for those of us without the choice.

[Caladan 19]

If your "significant other" arrives in the US on a B2, and you get married and he/she STAYS in the US, is it harder to file an adjustment compared to if your "significant other" arrived in the us on a K1? I'm just wondering because it would seem more suspicious, at least in my eyes.

Also, once you file for AOS on a B2, are all the procedures the same as a K1 , such as Advanced Parole, EAD, SSN, etc...? Or would it also be harder to obtain?

It depends. I'm not sure one is eligible for AP and the EAD without the status afforded by the K-1, but I haven't researched that option. (I'd be guessing AP yes, EAD no, but that's just pulled out of my butt.)

But it's not necessarily more suspicious. It could be, but lots of visitors to the U.S. -- like my friends -- are here long-term as students. People meet, they fall in love, they marry, they file for a green card.

To the OP: is your girlfriend currently able to work? (Not sure whether it's in-or-out patient rehab.) You'll need someone to sponsor you for adjusting status. And if her income meets the requirements, she can do that. JayJay's post is very good; her being in rehab shouldn't be a problem beyond them informing you that she's been convicted of the offenses.

Edited April 13, 2007 by Caladan

[athena_ny 1]

Maybe b/c the visa allows a longer stay?

True, but unless it's multi entry, it seems like the timelines might not work out. Most are valid 1 year, right? If he's been here 6 months and needs to go home, and then he comes back in a few months, he'd only be able to stay a few months longer. PLUS he needs to be prepared for a bit of static coming back (probably would get in, but he'd be wise to come armed with the usual evidence of ties, etc).

The more I think about this thread, the more I want the OP to do whatever possible to marry now and do things this way. It might be a bit more of a headache than if there were no rehab timelines to worry about, but I don't think he really gets what he's facing if he goes home and does the K1 process.

Get married as soon as you can. Get the AOS paperwork in as soon as you can. Apply for advanced parole. Go home, earn some money, be able to come back with (markedly decreased/)no fear of getting denied at the border.

Seriously, man, make it happen. You can do it! Do it for those of us without the choice.

My husband entered in 2002 and his expires in 2001. He's from Peru, it was for 10 years...so it's dependent on the consulate, I guess. I see a lot of ten year tourist visas, though.

Oh, I think if you're in the country and make the decision after entering, you should do all you can to avoid K1 or K3 or CR1 or IR1. It's a headache and while some of the consulates aren't so slow - look at somewhere like the Dominican Republic, where it's almost 2 years just for the interview. I don't know the reasons, but from my perspective - that's just unfair. I can see why it takes more time that most people would like, but 2 years? That's just...ridiculous.

[KenKing 0]

Follow up on this topic:

Another item that I'm pondering is the necessary paperwork for filing AOS. If your SO is visiting the US and gets married, files for AOS, is there any paperwork that your SO would need from their home country? If so, then they would have to return to their home country and get it. Could this cause problems? How long would AP take to apply/receive? I've only researched the K1 process so far, so I'm not even sure what paperwork might be needed from the home country.

[athena_ny 1]

If your "significant other" arrives in the US on a B2, and you get married and he/she STAYS in the US, is it harder to file an adjustment compared to if your "significant other" arrived in the us on a K1? I'm just wondering because it would seem more suspicious, at least in my eyes.

Also, once you file for AOS on a B2, are all the procedures the same as a K1 , such as Advanced Parole, EAD, SSN, etc...? Or would it also be harder to obtain?

It depends. I'm not sure one is eligible for AP and the EAD without the status afforded by the K-1, but I haven't researched that option. (I'd be guessing AP yes, EAD no, but that's just pulled out of my butt.)

But it's not necessarily more suspicious. It could be, but lots of visitors to the U.S. -- like my friends -- are here long-term as students. People meet, they fall in love, they marry, they file for a green card.

To the OP: is your girlfriend currently able to work? (Not sure whether it's in-or-out patient rehab.) You'll need someone to sponsor you for adjusting status. And if her income meets the requirements, she can do that. JayJay's post is very good; her being in rehab shouldn't be a problem beyond them informing you that she's been convicted of the offenses.

Still eligible for EAD and AP. A lot of people w/ overstays don't apply for AP (we didn't) because the chance of getting back into the country isn't as high as AP isn't guaranteed.

EAD is usually received within the normal time frame. In our case, we haven't received EAD yet, but our interview is in two weeks, day 55 of our journey, so we're still in the 90 to 120 day time frame.

[athena_ny 1]

Follow up on this topic:

Another item that I'm pondering is the necessary paperwork for filing AOS. If your SO is visiting the US and gets married, files for AOS, is there any paperwork that your SO would need from their home country? If so, then they would have to return to their home country and get it. Could this cause problems? How long would AP take to apply/receive? I've only researched the K1 process so far, so I'm not even sure what paperwork might be needed from the home country.

AP I believe is about 3 months as well, but I'm not well-versed on it as we didn't apply.

From the home country, all you really need is a birth certificate. My husband had his (and I'm of the opinion if you're traveling for an extended period of time, you should have it...never know when you might need it). Other than that, just the passport, I-94, etc. The usual.

[tom_g 3]

aAain, thanks for your replies, its nice to have this support, it means a lot to me

okay, so more questions, after having talked it through with my lady

If we get married now, her mother will go nuts. most likely excommunicate her directly. Her mother wants us to wait until she's out of rehab before we do anything, whatsoever, at all. Which I suppose is kind of sensible mother advice, even though the girl in question is 34... and given that her mother has done a lot for her during this whole DUI/rehab process, annoying the mother would be very ungracious

My question is this: Would another, more sensible option be that we file now for K1? If we kick the process off while she's still in rehab then the first 3.5 months of the wait will be mitigated by the fact that we can't be with other anyway. leaving only X months of horrible torture, where X can be anything that an enlightened government wishes it to be...

IF we went this route - filing K1 now, then me heading back to the UK at end of April - would she be able to visit me in the UK when she gets out of rehab in August? would I be able to visit her? or are all visiting rights terminated until I get the K1 and fly over? Would it be best to not file anything until i'm physically back in the UK?

thanks for putting up with this drama

[JayJay 4]

Okay I suppose I can tell you how mine went - it might not go EXACTLY the same way for you, but here goes:

I arrived in may of 2005 and he proposed in June...then, we decided to get married and did it on a week's notice on the 16th of August! (Hurrah!) Anyway, we called USCIS etc and were told it was okay to apply for a PR card from here - so then we had to wait for a medical date, as the lady on the 'phone told us it would be best to wait and get all the paperwork together at once to avoid any RFE's. We did this, which emant I was out of status for about 30 days or so before the medical - which was fine, as far as USCIS were concerned - they were more worried about me hitting the six month mark.

I had my medical, which was an ABSOLUTE RIP OFF! Ha - seriously - a rip off. Had some dude from the Mankato Clinic here in mankato look down my throat, listen to my heartbeat (which the nurse had already done...) and then shoot me full of vaccinations and give me a heef test. Very pleasant, and the vast amount of intraveinous cr@p floating around in my body afterward made me feel rather ill for the remainder of the day... The charged through teh nose for it (typical, as it happens as these places are unregulated by the USCIS) - $585!!! Luckily for you, that's a staggering amount for a simple Immigration medical and I've never heard of anyone else being charged that much. I'm still paying my MIL back to this day...poor woman!

So we got our paperwork together. I obtained my birth certificate and one for Ben from Germany, where he was born, and we gathered evidence of his ability to sponsor me, along with a co-sponser - his Mom. We actually got the fees for the whole of the paperwork waived, as we were too poor at the time to afford to pay them - to do this, you have to have genuine hardship and submit evidence along with a cover letter (preferably from both of you) as to why the fees would be impossible to pay. We were blessed - our fees were waived. And so we went on.

The paperwork was sent off to Chicago at the end of September 2005, and I had my NOA1 by October 4th. My biometrics appointment was on December 12th in Minneapolis, and it took ten minutes - in and out. Very simple, and I even met someone from VisaJourney there! I had my work permit in hand by December 27th and a SS number by the beginning on January. I started my first job on January 30th and soon after that we had our interview - March 29th of 2006.

I never did apply for AP because we were too poor to go anywhere! But I could have.

We went to the interview on the 29th of March in St Paul, and after a wait we went in and the whole interview took about twenty minutes. We had a very pleasant young woman interviewing us, and she was very thorough. ben even had to count back the years to figure out which year I was born (embarrassing!) and got my two middle names wrong (again, embarrassing!) but she just laughed - it wasn't so bad, and we were free in that we were able to honestly answer everything she asked of us. My passport was stamped, and we trotted out of there like young colts in the spring, and straight to Olive Garden, where we proceeded to stuff our faces

In the end, the way we got through it was this: We submitted photographs, but not excessive "evidence" - just important, non-frou-frou evidence of a genuine relationship; we read and re-read and re-read the instructions on teh forms and filled out several about ten times to make sure we had them right; we kept copies of everything we sent; we kept in touch with USCIS with our questions and sometimes called two or three times to reach different people and compare their opinions to one another's (get a third opinion!); we did not panic!

Anyway hope that helps! Main thing is to not lie, be completely genuine at all times, and use the helpline they give you - even if you have to remain on hold for about 65,000 hours at a time! Ooh - and as I was saying - call the line multiple times if you're unsire of someone's answer, as that tends to be the best way to get a clear consensus if what's needed.

Alright, I've said my piece - now I am going to take a bath!

[meauxna 15]

btw: why are you traveling on a B-2 instead of under the visa waiver program (VWP)?

I presume you're on a B2 because of business?

A B-2 is the tourist half of the B visa, and the OP hasn't yet answered this.

VWP-eligible people who have a B visa usually have a good reason for it. I wonder if the good reason might not wind up being another item in their case for them to investigate with a lawyer. ie, if he holds it due to a conviction or other immigration problem in his past, that will have an impact on today's case.

Why hasn't anyone suggested that he work all this out with a lawyer, in a consult. There's enough misunderstanding in this thread to make it worthwhile.

[kengumbo 0]

Marry now. File for AOS and advanced parole. You'll probably only end up "stuck" in the US for a month or two longer than you're able to stay right now.

I'm totally biased because I'm losing my mind due to the duration of my separation from my fiance - but if you have the ability to marry now and adjust status, for crissake, take it.

I regret not doing this. She was travelling here to see me regularly. I could have married her on OUR schedule instead of some unkown date in the future. If only I knew then what I know now...