The proposal and the wedding

[imeetmoon 0]

Hello all,

I am thinking about proposing to my girlfriend from Hong Kong in March. She will be visiting me during the entire summer and I was wondering if there would be any problems if we got married in USA during her visit. I haven't popped the question yet but I also don't want any problems with filing any of the Visa documents. Could any of you shed some light on this topic? Thank you in advance.

:help:

[Dan J 277]

Hello all,

I am thinking about proposing to my girlfriend from Hong Kong in March. She will be visiting me during the entire summer and I was wondering if there would be any problems if we got married in USA during her visit. I haven't popped the question yet but I also don't want any problems with filing any of the Visa documents. Could any of you shed some light on this topic? Thank you in advance.

:help:

You can get married regardless, however, what visa/adjustment process you take depends on the intent of your fiancee when she enters the US.

If your fiancee has no knowledge of your plan, you can file for Adjustment of Status directly and your fiance can stay in the US.

If she does plan to come to the US to get married and stay, she will have to return home before her I-94 expires, and you will need to file for a K-3 or CR-1/IR-1 visa before she can return to stay in the US.

Presuming you have actually met in person within the last two years, you could file for a K-1 visa, But its not likely to be approved before next summer.

[imeetmoon 0]

Hello all,

I am thinking about proposing to my girlfriend from Hong Kong in March. She will be visiting me during the entire summer and I was wondering if there would be any problems if we got married in USA during her visit. I haven't popped the question yet but I also don't want any problems with filing any of the Visa documents. Could any of you shed some light on this topic? Thank you in advance.

:help:

You can get married regardless, however, what visa/adjustment process you take depends on the intent of your fiancee when she enters the US.

If your fiancee has no knowledge of your plan, you can file for Adjustment of Status directly and your fiance can stay in the US.

If she does plan to come to the US to get married and stay, she will have to return home before her I-94 expires, and you will need to file for a K-3 or CR-1/IR-1 visa before she can return to stay in the US.

Presuming you have actually met in person within the last two years, you could file for a K-1 visa, But its not likely to be approved before next summer.

She has no idea. Currently she has a Visa to visit US. How soon do I have to file for the "Adjustment of Status" after we are married?

[HKcouple 0]

Hey,

My fiancee is from Hong Kong also. Although I"m filing for a K1 visa (hoping to have her here summer 2008).

Does her parents approve of you getting marry in USA without there consent? (non of my business, I know)

But, I believe you have 2-3 months after marriage. I'm not sure about her staying here after marriage. I thought you have to file for another visa after she return back to Hong Kong.

I'm clueless, but glad to know another Hong Kong petitioner here. good luck.

(where in Hong Kong does she live? My fiancee is from Tuen Mun)

[pushbrk 12,898]

Hello all,

I am thinking about proposing to my girlfriend from Hong Kong in March. She will be visiting me during the entire summer and I was wondering if there would be any problems if we got married in USA during her visit. I haven't popped the question yet but I also don't want any problems with filing any of the Visa documents. Could any of you shed some light on this topic? Thank you in advance.

:help:

You can get married regardless, however, what visa/adjustment process you take depends on the intent of your fiancee when she enters the US.

If your fiancee has no knowledge of your plan, you can file for Adjustment of Status directly and your fiance can stay in the US.

If she does plan to come to the US to get married and stay, she will have to return home before her I-94 expires, and you will need to file for a K-3 or CR-1/IR-1 visa before she can return to stay in the US.

Presuming you have actually met in person within the last two years, you could file for a K-1 visa, But its not likely to be approved before next summer.

She has no idea. Currently she has a Visa to visit US. How soon do I have to file for the "Adjustment of Status" after we are married?

It would be best to file for AOS before her I-94 expires. With AOS pending, I don't think staying until it's complete would be a problem, even if the I-94 expires.

On which visa category will she be traveling?

It's good to plan carefully. Staying can work but she may not be prepared to do that.

[Dan J 277]

Hello all,

I am thinking about proposing to my girlfriend from Hong Kong in March. She will be visiting me during the entire summer and I was wondering if there would be any problems if we got married in USA during her visit. I haven't popped the question yet but I also don't want any problems with filing any of the Visa documents. Could any of you shed some light on this topic? Thank you in advance.

:help:

You can get married regardless, however, what visa/adjustment process you take depends on the intent of your fiancee when she enters the US.

If your fiancee has no knowledge of your plan, you can file for Adjustment of Status directly and your fiance can stay in the US.

If she does plan to come to the US to get married and stay, she will have to return home before her I-94 expires, and you will need to file for a K-3 or CR-1/IR-1 visa before she can return to stay in the US.

Presuming you have actually met in person within the last two years, you could file for a K-1 visa, But its not likely to be approved before next summer.

She has no idea. Currently she has a Visa to visit US. How soon do I have to file for the "Adjustment of Status" after we are married?

Sooner the better. She wont be able to travel outside of the country and reenter until she has her green card or AP. Being out of status for too long can cause issues. And she wont be able to work, until she receives her EAD.

My fiancee is from Hong Kong also. Although I"m filing for a K1 visa (hoping to have her here summer 2008).

Does her parents approve of you getting marry in USA without there consent? (non of my business, I know)

Getting married quickly in the US and adjusting afterwards could cause some issues with your future in-laws. You might want to make sure that they are OK with everything too. What some people have done is to have a ceremonial wedding in their home country after AOS is completed.

[imeetmoon 0]

Hello all,

I am thinking about proposing to my girlfriend from Hong Kong in March. She will be visiting me during the entire summer and I was wondering if there would be any problems if we got married in USA during her visit. I haven't popped the question yet but I also don't want any problems with filing any of the Visa documents. Could any of you shed some light on this topic? Thank you in advance.

:help:

You can get married regardless, however, what visa/adjustment process you take depends on the intent of your fiancee when she enters the US.

If your fiancee has no knowledge of your plan, you can file for Adjustment of Status directly and your fiance can stay in the US.

If she does plan to come to the US to get married and stay, she will have to return home before her I-94 expires, and you will need to file for a K-3 or CR-1/IR-1 visa before she can return to stay in the US.

Presuming you have actually met in person within the last two years, you could file for a K-1 visa, But its not likely to be approved before next summer.

She has no idea. Currently she has a Visa to visit US. How soon do I have to file for the "Adjustment of Status" after we are married?

Sooner the better. She wont be able to travel outside of the country and reenter until she has her green card or AP. Being out of status for too long can cause issues. And she wont be able to work, until she receives her EAD.

My fiancee is from Hong Kong also. Although I"m filing for a K1 visa (hoping to have her here summer 2008).

Does her parents approve of you getting marry in USA without there consent? (non of my business, I know)

Getting married quickly in the US and adjusting afterwards could cause some issues with your future in-laws. You might want to make sure that they are OK with everything too. What some people have done is to have a ceremonial wedding in their home country after AOS is completed.

Yes I will probably do a ceremonial wedding back in Hong Kong. She has been married before so she doesn't want anything big. She wants something small and simple so she can actually remember the events leading up to and during the wedding. This is more important than a big glamorous wedding. This is awesome for me because I don't really care for big weddings too. Thank you for the heads up. (What is AOS?)

How long does it take to adjust the Visa? Does she need to stay here in US during the whole time during the Visa adjustment? I want her to stay with me, but I think she'll need to go back to see her parents eventually and break the news. Thanks in advance.

Edited December 21, 2007 by imeetmoon

[Dan J 277]

Hello all,

I am thinking about proposing to my girlfriend from Hong Kong in March. She will be visiting me during the entire summer and I was wondering if there would be any problems if we got married in USA during her visit. I haven't popped the question yet but I also don't want any problems with filing any of the Visa documents. Could any of you shed some light on this topic? Thank you in advance.

:help:

You can get married regardless, however, what visa/adjustment process you take depends on the intent of your fiancee when she enters the US.

If your fiancee has no knowledge of your plan, you can file for Adjustment of Status directly and your fiance can stay in the US.

If she does plan to come to the US to get married and stay, she will have to return home before her I-94 expires, and you will need to file for a K-3 or CR-1/IR-1 visa before she can return to stay in the US.

Presuming you have actually met in person within the last two years, you could file for a K-1 visa, But its not likely to be approved before next summer.

She has no idea. Currently she has a Visa to visit US. How soon do I have to file for the "Adjustment of Status" after we are married?

Sooner the better. She wont be able to travel outside of the country and reenter until she has her green card or AP. Being out of status for too long can cause issues. And she wont be able to work, until she receives her EAD.

My fiancee is from Hong Kong also. Although I"m filing for a K1 visa (hoping to have her here summer 2008).

Does her parents approve of you getting marry in USA without there consent? (non of my business, I know)

Getting married quickly in the US and adjusting afterwards could cause some issues with your future in-laws. You might want to make sure that they are OK with everything too. What some people have done is to have a ceremonial wedding in their home country after AOS is completed.

Yes I will probably do a ceremonial wedding back in Hong Kong. She has been married before so she doesn't want anything big. She wants something small and simple so she can actually remember the events leading up to and during the wedding. This is more important than a big glamorous wedding. This is awesome for me because I don't really care for big weddings too. Thank you for the heads up. (What is AOS?)

How long does it take to adjust the Visa? Does she need to stay here in US during the whole time during the Visa adjustment? I want her to stay with me, but I think she'll need to go back to see her parents eventually and break the news. Thanks in advance.

AOS = Adjustment of Status

She will need to remain in the US, until she has AP or her Green Card. You can apply for AP with your AOS application. It takes about 90 days to receive. Her green card could take anywhere from 3 months to 3 years or more. Leaving without AP or Green Card will be considered abandoning AOS and she could only return to stay on a spousal visa.

[Lilith79 0]

I assume she will come on a tourist visa.

What I was wondering is: how do you prove that she didn't know about the plan and that she didn't get in the country with the intent of getting married and staying?

Sorry if the question is lame

[rebeccajo 14]

Those who enter on the VWP or a visitors visa and adjust their status to permanent resident from that type of entry should not leave the country until the adjustment has been completed (ie greencard in hand). Leaving the country with advance parole (AP) is not even a good idea.

There is specific language in the INA that defines the rights of a paroled entrant, and there's enough 'gray' language in that definition to give attorneys pause. Google "advance parole", poke around, and you'll see what I mean.

If you adjust from anything other than a family-based visa, you definitely need to stay put in the US until you have the greencard to travel on. Anything else could find you separated again and filing all over again from overseas.

[rebeccajo 14]

I assume she will come on a tourist visa.

What I was wondering is: how do you prove that she didn't know about the plan and that she didn't get in the country with the intent of getting married and staying?

Sorry if the question is lame

It's not a lame question but it isn't yours to ask.

The instructions for the I485 do not ask the applicant to describe their intent upon entry to gain the adjustment. The I-130 only asks (if the application is marriage based) for the applicant to provide proof of a bonafide marriage and nothing about when the 'plan' to marry took place.

The applicant should be prepared at interview to answer any and all questions honestly and carry whatever proof they can produce. The adjudicating officer will attempt to ascertain if that proof indicates an intent to circumvent US immigration laws for the purpose of immigrating to this country.