What do I do?

[karla n cameron 0]

I came to USA with a visitors visa on May 29, 2008.

We got married on Aug 08,08 now we have no idea what to do next?

Should we just hire a immigration lawyer? Or do it ourselves? I really need some advice, I feel overwhelmed with all this...

[Otto 83]

I came to USA with a visitors visa on May 29, 2008.

We got married on Aug 08,08 now we have no idea what to do next?

Should we just hire a immigration lawyer? Or do it ourselves? I really need some advice, I feel overwhelmed with all this...

There are a couple of paths you can take. Do you intend to remain in the US or are you willing to return to Mexico and return with the proper visa?

Check here for a bit more information.

[antda 13]

Hi Karlancameron,

First of all, do not panic! It's not illegal that you came to the US and get married while you were down here for a visit from another country. As long as you came here WITHOUT the intention to get married in the first place on your visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in a similar situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa from Canada, and then ended up getting married here in the USA. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO YOUR HOME COUNTRY until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to return to the USA again.

2) File the following paperwork. It is an "Adjustment of Status" from a "Visitor's Visa", which you then file: I-130 (Petiton for Family Member), I-485 (Adjustment of Status/AOS), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole, both are optional), and the I-693 (Medical Examination).

3) Hire a good immigration lawyer, if you run into any problems, and/or if you are totally unsure about your situation.

Hope this helps. Good luck with your immigration journey.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

I came to USA with a visitors visa on May 29, 2008.

We got married on Aug 08,08 now we have no idea what to do next?

Should we just hire a immigration lawyer? Or do it ourselves? I really need some advice, I feel overwhelmed with all this...

Edited September 9, 2008 by AntandD

[karla n cameron 0]

Thank you for the info AntandD I really appreciate it. My intentions were not to get married on this trip not specially with out my family but it happened and Im very happy with my husband! I'll try my best to keep up the positive attitude! Thank youuuuuuu!

[Milva 0]

Thank you for the info AntandD I really appreciate it. My intentions were not to get married on this trip not specially with out my family but it happened and Im very happy with my husband! I'll try my best to keep up the positive attitude! Thank youuuuuuu!

Karla n Cameron:

Just one quick thing.

A friend of mine was in the same situation.... and when she went on her interview they forced her to pay the application fee for the K-1 since they stated they did not believe her now husband did not come to the US with that intention.

GOOD LUCK

[karla n cameron 0]

Thank you so much for the info!!!!!

Karla n Cameron:

Just one quick thing.

A friend of mine was in the same situation.... and when she went on her interview they forced her to pay the application fee for the K-1 since they stated they did not believe her now husband did not come to the US with that intention.

GOOD LUCK

[jamieswith 0]

Thank you for the info AntandD I really appreciate it. My intentions were not to get married on this trip not specially with out my family but it happened and Im very happy with my husband! I'll try my best to keep up the positive attitude! Thank youuuuuuu!

Karla n Cameron:

Just one quick thing.

A friend of mine was in the same situation.... and when she went on her interview they forced her to pay the application fee for the K-1 since they stated they did not believe her now husband did not come to the US with that intention.

GOOD LUCK

That doesn't sound right.

First of all - if they were already legally married, then you are inelligable for a K1 - a K1 is only valid BEFORE you get married, any application by someone already married for a K1 should be DENIED.

Second - If they thought he had lied upon entry and hence had committed visa FRAUD, he would be inelligable for ANY visa - he'd be deported.

If they required her to provide evidence that he did not enter with the intent of marrying her (hence committing visa fraud) and she failed to provide enough evidence - then her only recourse would be an appeal in immigration court... certainly not the filing of a K1.

I think the story you were told was somewhat confused somehow - perhaps they merely suggested it would have been better for him to enter on a K1.

Regards,

Jamie

[antda 13]

Hi Karlancameron,

You're welcome. Glad I was able to help, by telling about my personal (and somewhat rare) immigration experience... Likewise, my intention in first coming here was not to get married either, but with everything else in life, "things happen when you least expect them too", and yes, I'm happy that I made the (somewhat risky immigration-wise) decision to get married and spend the rest of my happily married life here in the USA instead...

I'm glad too, that you are happy with your new married life here with your husband. As for your foreign family attending the wedding, perhaps you can have an informal wedding celebration afterwards, so they can feel like they attended your wedding too?

Good luck with the rest of your immigration journey. Keep up the positive attitude!

Ant (Visited, married, living happily ever after in the USA...)

Thank you for the info AntandD I really appreciate it. My intentions were not to get married on this trip not specially with out my family but it happened and Im very happy with my husband! I'll try my best to keep up the positive attitude! Thank youuuuuuu!

Edited September 10, 2008 by AntandD

[SnowXTC 1]

We went the other way and got the K1 Visa before getting married, but on the question of the lawyer; we did not have one and did not need one. I think the majority of people do not need one. However, you have to be organized and detail oriented. Do a lot of reading and attempting to read between the lines. Immigration is relatively straight forward, but there are definitely gray areas. The forms are relatively easy to fill out, but there are many of them. Evidence and information, you will have to collect no matter what path you choose. One thing that saved me is I have Adobe Professional, so I was able to save the forms as I went along. There is other software out there that will do the same thing and is cheaper than Adobe though. Another thing to take into account is the cost of the lawyer. Immigration its self is not cheap.

Whatever you choose to do, stay calm, and worry about one step at a time. We have all been there and no matter how easy it truely is, it will rack your nerves to no end.

You have made a wise decision to join VJ. The wealth of knowledge here will help you in so many ways.

[karla n cameron 0]

We went the other way and got the K1 Visa before getting married, but on the question of the lawyer; we did not have one and did not need one. I think the majority of people do not need one. However, you have to be organized and detail oriented. Do a lot of reading and attempting to read between the lines. Immigration is relatively straight forward, but there are definitely gray areas. The forms are relatively easy to fill out, but there are many of them. Evidence and information, you will have to collect no matter what path you choose. One thing that saved me is I have Adobe Professional, so I was able to save the forms as I went along. There is other software out there that will do the same thing and is cheaper than Adobe though. Another thing to take into account is the cost of the lawyer. Immigration its self is not cheap.

Whatever you choose to do, stay calm, and worry about one step at a time. We have all been there and no matter how easy it truely is, it will rack your nerves to no end.

You have made a wise decision to join VJ. The wealth of knowledge here will help you in so many ways.

Thanks!! I feel very welcome in VJ, I've been reading lots of information and I know we'll do good. Thank you SnowXTC...smile!!