Must beneficiary leave US during application?

[Chilly 0]

Hey all. New here. Starting application for my new wife. Have a few questions.

Vital Stats: I'm US citizen. She is living with me here in US, visiting with passport. We were married here in US last month.

Questions:

1. Can she come and go using her passport as a tourist while we do this application thing?

2. Are there some travel restrictions once we start the process?

3. I'm still not clear on the K3 vs CR1/IR1 thing. Which do I want to use?

Reading and learning.

Thanks,

Chilly

[Dakine 26]

Hey all. New here. Starting application for my new wife. Have a few questions.

Vital Stats: I'm US citizen. She is living with me here in US, visiting with passport. We were married here in US last month.

Questions:

1. Can she come and go using her passport as a tourist while we do this application thing?

2. Are there some travel restrictions once we start the process?

3. I'm still not clear on the K3 vs CR1/IR1 thing. Which do I want to use?

Reading and learning.

Thanks,

Chilly

If she didn't come to the US with intentions of marrying you she can apply to adjust status and stay here.

[Chilly 0]

Hey all. New here. Starting application for my new wife. Have a few questions.

Vital Stats: I'm US citizen. She is living with me here in US, visiting with passport. We were married here in US last month.

Questions:

1. Can she come and go using her passport as a tourist while we do this application thing?

2. Are there some travel restrictions once we start the process?

3. I'm still not clear on the K3 vs CR1/IR1 thing. Which do I want to use?

Reading and learning.

Thanks,

Chilly

If she didn't come to the US with intentions of marrying you she can apply to adjust status and stay here.

Wow, that easy? How would one prove intentions, though?

[Chilly 0]

To clarify, my wife was here on a tourism visa from Mexico when we were married. She does not have a K1 or K3 visa. Don't you need a K1 or K3 visa before you can adjust status?

Chilly

[Paul's Mrs. 0]

Right, when we were first applying my hubby was here on a VWP when we married. We talked to a lawyer and she told me that he had to go back because of his intentions. You cannot come here on a VWP with the intentions to immigrate. You have to be here on a K1. I don't know if that is true because who can trust a lawyer. My hubby went back just to be safe. I think that we are going to try and do a VW for the holidays though. I just pray he doesn't get sent back once he gets to the POE. I would say that no, she has to be here on a K1 or k3.

[Garu 0]

To clarify, my wife was here on a tourism visa from Mexico when we were married. She does not have a K1 or K3 visa. Don't you need a K1 or K3 visa before you can adjust status?

Chilly

How long was she in the U.S. on the tourist visa before you were married? Did you meet her in the U.S. or did you know her before she came? I have heard that getting married within three months of arriving on a tourist visa can create suspisions that she came as a tourist for the purpose of getting married. If you guys just met here, then there could be no prior intention of getting married when she came.

Ask an immigration lawyer about your case.

[Chica Yeyé 41]

To clarify, my wife was here on a tourism visa from Mexico when we were married. She does not have a K1 or K3 visa. Don't you need a K1 or K3 visa before you can adjust status?

Chilly

If she did not come in with the intent to marry; you just have to adjust status. How to prove there was no intent I have no clue. If you adjust, it results in a CR1 visa.

and

[Chilly 0]

We met here in US in 2006. She was visiting a mutual friend that I know from work (also from Mexico, here on work visa). We went to some dinners and movies, not really dating but just trying to entertain a friend's guest. We enjoyed each other's company, though, and continued corresponding via email. We decided to start a relationship and she visited a couple more times for a few weeks each time. During this last visit we were married. I had not investigated the immigration process and assumed that getting married would be a shorter route than fiance visa and all of that. Soon after wedding we discovered that we were going to have a baby! Now that I'm investigating the immigration process I'm very worried that we will be separated during her pregnancy, and maybe even the baby's birth. This is my first child and I don't want to miss a moment of her pregnancy and certainly don't want to be separated for the baby's arrival.

So far as intentions go, there was no sort of long-distance arrangement before our initial introduction. She was a tourist, we met, she visited again and we fell in love, she visited again & we got married (for what it's worth, for the last visit she was here in the US for nine weeks before we were married). Pretty normal story except we happen to be from different countries. I was not prepared for how complicated this would be.

Chilly

[justashooter 430]

looks like you are golden. file for adjustment of status and you are about one STG on DSA away from a green card.

i might even be in the market for decent kits, if you have any.