1 million questions with my Fiance from France

[B&M 0]

Ok guys, im reposting this from K-1 Fiance forum:

Hey guys, i'm really sorry cause i'm sure these have been asked before, but here goes (our story and questions):

My girlfriend (now my fiance, I just proposed) has been here visiting since January 30th, she is going home on April 29th (cutting it close to 90 days, I know).

She is going to be going to school in the fall, as an international student here in the states.

I will be going to vegas all summer for the World Series of Poker and she wants to come with me, however we were told by the French Consulat in Boston that she won't be able to enter the states again for 1 'semester', i.e. until July 30th, is this true? is it impossible to get her back to visit (she only has the normal passport / temporary tourist visa)

We were also told that when you apply for the fiance visa (K-1 I think ?), she cannot come back into the states while it is processing, but it only takes about 3 months or so once it gets going.

So my questions are:

1. Will she be able to come back before July 30th?

2. If we apply for the fiance visa while she is in school, she will be able to continue school without going home to france for the time it processes... correct?

3. When should we start our fiance visa, how long will the whole process take? Any advice on anything about our situation would be greatly appreciated

Any help / insight you can provide is MUCH appreciated,

-B&M

People then said:

"If your fiance is here legally in the US and she planned to come to the US prior to getting engaged to you, you should just marry her when she is here on the student visa and adjust status. It would be the same story for someone here on an H1B work visa (I have friends that have done that). Since she planned and acquired the studies in the US before being engaged, there is no fraud.

All the background checks done on a K-1 visa would be done as part of the AOS process. Some here will insist you get a K-1 visa, but that will basically force your fiance to return to their home country and forgo their studies.

It's only visa fraud if you come to the US on a difference visa than your intent. Her original intent is to study. Your relationship and engagement is secondary since she has valid intent for her student visa.

You should check out the forum for adjusting status from work/student/tourist visas, instead of asking in a K-1 forum.

This is just my opinion. Please research it."

and we made sure they understood she is here now on a VWP, not a student visa (the engagement was totally unplanned though, she was just visiting)

what are our best options, she goes home in 6 days so unfortunantly we don't have much time to figure this out. Thanks a ton!

[Amy&Xin 0]

If she had to go home in 6 days, I don't think getting married right now will help. Since it takes at least 60 days to receive Adance Parole(the document that allows her to travel. If there is urgent reason for her to go back, I think you guys can get married and apply for AOS. Its not a visa fraud, since she didn't come here with the intention to marry you.

Ok guys, im reposting this from K-1 Fiance forum:

Hey guys, i'm really sorry cause i'm sure these have been asked before, but here goes (our story and questions):

My girlfriend (now my fiance, I just proposed) has been here visiting since January 30th, she is going home on April 29th (cutting it close to 90 days, I know).

She is going to be going to school in the fall, as an international student here in the states.

I will be going to vegas all summer for the World Series of Poker and she wants to come with me, however we were told by the French Consulat in Boston that she won't be able to enter the states again for 1 'semester', i.e. until July 30th, is this true? is it impossible to get her back to visit (she only has the normal passport / temporary tourist visa)

We were also told that when you apply for the fiance visa (K-1 I think ?), she cannot come back into the states while it is processing, but it only takes about 3 months or so once it gets going.

So my questions are:

1. Will she be able to come back before July 30th?

2. If we apply for the fiance visa while she is in school, she will be able to continue school without going home to france for the time it processes... correct?

3. When should we start our fiance visa, how long will the whole process take? Any advice on anything about our situation would be greatly appreciated

Any help / insight you can provide is MUCH appreciated,

-B&M

People then said:

"If your fiance is here legally in the US and she planned to come to the US prior to getting engaged to you, you should just marry her when she is here on the student visa and adjust status. It would be the same story for someone here on an H1B work visa (I have friends that have done that). Since she planned and acquired the studies in the US before being engaged, there is no fraud.

All the background checks done on a K-1 visa would be done as part of the AOS process. Some here will insist you get a K-1 visa, but that will basically force your fiance to return to their home country and forgo their studies.

It's only visa fraud if you come to the US on a difference visa than your intent. Her original intent is to study. Your relationship and engagement is secondary since she has valid intent for her student visa.

You should check out the forum for adjusting status from work/student/tourist visas, instead of asking in a K-1 forum.

This is just my opinion. Please research it."

and we made sure they understood she is here now on a VWP, not a student visa (the engagement was totally unplanned though, she was just visiting)

what are our best options, she goes home in 6 days so unfortunantly we don't have much time to figure this out. Thanks a ton!

[B&M 0]

She was just going home because her tourist visa is up, so if its not urgent for her to be home, is getting married now our best option?

Also, with the typical AOS, you said 60 days for her to travel correct? how long for residency / working / etc. , I have a slight idea with these time frames from a K-1 visa but no idea for AOS. Thanks so much!!

-B&M

[Amy&Xin 0]

I am just speaking from my personal experience, and the actual timelines for individual cases vary very much. U can check my signaure, my timeline is there. Basically, i got my ap and ead(allowing ur fiance to work) in 60 days, i was approved for residency in about 90 days. If you get married now, it will still take you 2 weeks to get the application ready. Generally, overstay for AOS will be forgiven, but people still usually advise against it, since u can't use AP if you overstayed your visa (someone back me up this?).

She was just going home because her tourist visa is up, so if its not urgent for her to be home, is getting married now our best option?

Also, with the typical AOS, you said 60 days for her to travel correct? how long for residency / working / etc. , I have a slight idea with these time frames from a K-1 visa but no idea for AOS. Thanks so much!!

-B&M

[Bobby+Umit 161]

I am just speaking from my personal experience, and the actual timelines for individual cases vary very much. U can check my signaure, my timeline is there. Basically, i got my ap and ead(allowing ur fiance to work) in 60 days, i was approved for residency in about 90 days. If you get married now, it will still take you 2 weeks to get the application ready. Generally, overstay for AOS will be forgiven, but people still usually advise against it, since u can't use AP if you overstayed your visa (someone back me up this?).

She was just going home because her tourist visa is up, so if its not urgent for her to be home, is getting married now our best option?

Also, with the typical AOS, you said 60 days for her to travel correct? how long for residency / working / etc. , I have a slight idea with these time frames from a K-1 visa but no idea for AOS. Thanks so much!!

-B&M

Overstay of more than 180 days = 3 year ban, even with AP. 1 year+ = 10 year ban, even with AP. Overstay starts the day pass your authorized stay. (I-94 date).

AP is suppose to be used for a compelling emergency, there is a chance it will not be granted. It can take up to 90 days to get this. There are some cases where they are waiting for 1 year so far, with no EAD/AP.

If you marry now, you would need to file for the AOS, AP/EAD. Until that AP comes in, she will not be able to travel at all outside the US, without abandoning the AOS.

Once you have the AOS/EAD in place, she can go to school.

[B&M 0]

I am just speaking from my personal experience, and the actual timelines for individual cases vary very much. U can check my signaure, my timeline is there. Basically, i got my ap and ead(allowing ur fiance to work) in 60 days, i was approved for residency in about 90 days. If you get married now, it will still take you 2 weeks to get the application ready. Generally, overstay for AOS will be forgiven, but people still usually advise against it, since u can't use AP if you overstayed your visa (someone back me up this?).

She was just going home because her tourist visa is up, so if its not urgent for her to be home, is getting married now our best option?

Also, with the typical AOS, you said 60 days for her to travel correct? how long for residency / working / etc. , I have a slight idea with these time frames from a K-1 visa but no idea for AOS. Thanks so much!!

-B&M

Overstay of more than 180 days = 3 year ban, even with AP. 1 year+ = 10 year ban, even with AP. Overstay starts the day pass your authorized stay. (I-94 date).

AP is suppose to be used for a compelling emergency, there is a chance it will not be granted. It can take up to 90 days to get this. There are some cases where they are waiting for 1 year so far, with no EAD/AP.

If you marry now, you would need to file for the AOS, AP/EAD. Until that AP comes in, she will not be able to travel at all outside the US, without abandoning the AOS.

Once you have the AOS/EAD in place, she can go to school.

So if we get married, she goes into overstay for the paperwork and will not be able to travel (BUT will be able to stay here without any problems or penatlies... or getting in trouble or anything like that), am I reading that correctly bobby ?

Again there are 5 days remaining now, so I am guessing we would almost certainly go into overstay while filing for the paperwork?

and also, what paperwork will we need for this AOS; we live in new england, so I think there is a center in Vermont for us ?

thanks a ton!

-B&M

[Bobby+Umit 161]

I am just speaking from my personal experience, and the actual timelines for individual cases vary very much. U can check my signaure, my timeline is there. Basically, i got my ap and ead(allowing ur fiance to work) in 60 days, i was approved for residency in about 90 days. If you get married now, it will still take you 2 weeks to get the application ready. Generally, overstay for AOS will be forgiven, but people still usually advise against it, since u can't use AP if you overstayed your visa (someone back me up this?).

She was just going home because her tourist visa is up, so if its not urgent for her to be home, is getting married now our best option?

Also, with the typical AOS, you said 60 days for her to travel correct? how long for residency / working / etc. , I have a slight idea with these time frames from a K-1 visa but no idea for AOS. Thanks so much!!

-B&M

Overstay of more than 180 days = 3 year ban, even with AP. 1 year+ = 10 year ban, even with AP. Overstay starts the day pass your authorized stay. (I-94 date).

AP is suppose to be used for a compelling emergency, there is a chance it will not be granted. It can take up to 90 days to get this. There are some cases where they are waiting for 1 year so far, with no EAD/AP.

If you marry now, you would need to file for the AOS, AP/EAD. Until that AP comes in, she will not be able to travel at all outside the US, without abandoning the AOS.

Once you have the AOS/EAD in place, she can go to school.

So if we get married, she goes into overstay for the paperwork and will not be able to travel (BUT will be able to stay here without any problems or penatlies... or getting in trouble or anything like that), am I reading that correctly bobby ?

Until you get the NOA for the AOS, her status is ticking. Once you get the NOA for the AOS, the status is now "Pending". So if the overstay is more than 180 days between the end of the authorized stay and the NOA, do not attempt to use the AP, even if granted.

Again there are 5 days remaining now, so I am guessing we would almost certainly go into overstay while filing for the paperwork?\

Probably, but I doubt it will take more than 180 days to get the NOA, you never know. The key is the receipt of the NOA.

and also, what paperwork will we need for this AOS; we live in new england, so I think there is a center in Vermont for us ?

above will step you through it.

thanks a ton!

-B&M

[Jon&Lindsey 0]

So if we get married, she goes into overstay for the paperwork and will not be able to travel (BUT will be able to stay here without any problems or penatlies... or getting in trouble or anything like that), am I reading that correctly bobby ?

Again there are 5 days remaining now, so I am guessing we would almost certainly go into overstay while filing for the paperwork?

I also adjusted from VWP, see my timeline below for how long it took. Since you have 5 days remaining, she will almost undoubtedly have some out of status days, since it will take you a while to get the marriage license (unless you can maybe get married at the courthouse and have it instantly - that's what we did in florida but it probably depends on your state) and she will need to gather copies of documents such as her birth certificate. She will also need to have a medical examination with a TB test, which takes a few days. Like the others said, there is no ban for overstay of less than 180 days, but you are still at the mercy of the officer at the POE and re-entry is not absolutely guaranteed, so I would only use the AP for a really good reason, not just a pleasure trip. I had some overstay, but less than 180 days, but wanted to be on the safe side so didn't use AP and I got my GC in about 4 months, so it really wasn't a problem.

Remember that adjustment from the VWP is not entirely without risk and there are potential problems - there is no right to appeal if denied and you may (although it doesn't seem to come up for most people) have to prove that she really did intend to return home - since she did, I'm sure you will be able to (things like mortgage/rental agreement, car, letter from employer/school etc expecting her back on a certain date). If USCIS did think that she intended to stay (and it's on you to prove she didn't, not them to prove she did), she could be denied. I am a little confused about her plans for school, did she already apply for a student visa for fall?

[B&M 0]

Jon&Lindsey:

No she hasn't already applied for her student visa, she was under the impression she couldn't until she was accepted into her school, and she has not received her acceptance letter yet.

Not leaving is totally fine now, she is OK to stay here for however long it takes for it to be completed, we filled out the prelim marriage stuff today, will be officially married this evening ( we have somebody to perform the ceremony or whatever is needed) and we will get the marriage certificate from the town hall on Monday or Tuesday.

We are also trying to look through the guides and can't figure out exactly which one we should be using just because the wording seems applicable for a few of them, which is the one we should be attempting to file?

[Jon&Lindsey 0]

Congrats on your marriage!

This is the guide for AOS: http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos , so you will be filing the I-485, I-864 (affidavit of support), G-325A (biographical info for each of you), I-765 (work permit - EAD) +/- I-131 (AP), but also an I-130 (since you are adjusting from VWP not K1/K3). For part 2 of the I-485, you can tick a) for the reason you are adjusting, as a visa number will be immediately available based on the I-130 and her status as a USC's spouse. You will also need to get a medical exam done by a civil surgeon, who will fill in form I-693 and give it to you in a sealed envelope that you send in your packet without opening (ask for a photocopy of it too, just in case USCIS lose it, and take to interview!). The USCIS website has a list of them, call a few as prices can vary a lot, and if she needs any vaccines your county health center will probably be much cheaper than the civil surgeon's office!

[B&M 0]

now reading through the paperwork we have another question :-p. For the affidavit of support, does this have to be done by me (the husband) or is it possible to be done by anybody (parents, grandparents, siblings, etc.). ? Is the only restriction a set income, and if so, if I don't have an income above this is there nothing I may do (i.e. show I have X amount of $$$ in a bank account, etc.) .

Thanks to anybody who can clear this up,

-B&M

[B&M 0]

Hi I'm Mélanie , Bryan's wife now

I'm filling the I-485 and I got some questions that you may be able to answer, it's stressful because you don't want to make mistakes...

Part 1 :

-Is it important to fill an adress C/O or not ?

- I cannot have a US social security number since I came as a visitor correct ?

- the I-94 number is the departure number on the visa waiver that got at my entry on the territory right ?

- current USCIS status , I have to say visitor/Visa Waiver ?

- and funny question but not the least : when I'm filling the paper I should use the family name of bryan now since we are married ? or they want the name that figures on the passport ?

another question does that matter if we write by hand or is it better by computer (more clear, no possibility to misread)

Part 2 :

you say we can tick the a) , but are we allow to do that if we are just going to send the I-130 with the all package ? so not approved yet

Part 3 :

they ask for the Non-immigrant visa number, since I came with the VWP I don't have a number , is that right ?

Jon and Lindsey you said we have to fill the G- 325A for each of us ? bryan also have to fill it ? because in the guide I didn't find that we have to do that and I don't want them to think that he wants to apply too ( an american who applies that would be funny).

Thanks a ton , we really appreciate your help ... thanks also for the congrats.. we really didn't think it will turn like that so fast but sometimes you want to live the life at 200% .... eheh life is crazy but I love it !

[Jon&Lindsey 0]

Part 1 :

-Is it important to fill an adress C/O or not ?

---> I put C/O Hubby's name and our address, don't know what others have done but everything went fine for us

- I cannot have a US social security number since I came as a visitor correct ?

---> Correct - just write 'none' ETA - once you get the work permit, you can go to the SS office and get one

- the I-94 number is the departure number on the visa waiver that got at my entry on the territory right ?

---> Yes, the number on the green torn-off part they gave you back at the POE

- current USCIS status , I have to say visitor/Visa Waiver ?

---> Yes

- and funny question but not the least : when I'm filling the paper I should use the family name of bryan now since we are married ? or they want the name that figures on the passport ?

---> Which name do you want to use now? Write whichever you want to use, obviously your maiden name is on the marriage cert, so they'll understand. If you want to take your husband's name, I'd start using it now so you get all your new documents in the correct name

another question does that matter if we write by hand or is it better by computer (more clear, no possibility to misread)

---> We did ours on the computer, if your writing is legible I'm sure that would be fine too!

Part 2 :

you say we can tick the a) , but are we allow to do that if we are just going to send the I-130 with the all package ? so not approved yet

---> Yes, because the part in brackets says that you can do this if you have a relative petition which if approved, will make a number immediately available, so this covers your situation

Part 3 :

they ask for the Non-immigrant visa number, since I came with the VWP I don't have a number , is that right ?

---> I don't think you have one, and think I wrote 'none' but I'm not completely sure - anyone else?

Jon and Lindsey you said we have to fill the G- 325A for each of us ? bryan also have to fill it ? because in the guide I didn't find that we have to do that and I don't want them to think that he wants to apply too ( an american who applies that would be funny).

---> Check out the instructions for the I-130 (on the USCIS website - each form has instructions to download - I would definitely make sure you read these to make sure you have the most up-to-date info possible) - your hubby is filling this out for you as his relative, and this needs the G-325A for each of you. It is not in the guides as the guides are written for those adjusting from K1/3 visas, who have already done this (or an equivalent) - you need this as you are adjusting from VW and USCIS doesn't know anything about you and the marriage, unlike K1/3 people.

Hope that helps!! We also had a very short-notice wedding with just two guests, but it was very 'us' and we're happy. Hope everything goes well with your adjustment!

Edited April 26, 2009 by Jon&Lindsey

[B&M 0]

Amazing , you are so great to answer it's clear ... I'm so happy for you ! how did you meet each other ?

We just get married together since non of my family could travel since we decide spontaneous to get married lol so we decide to do that just together. And let us time to do a big ceremony with our families and organized that my family can come oversea

I checked on the affidavit and the I-130 tonight which look easier to fill ,hope I won't have thousand of questions again

But I'm sure that I will find something I will doubt about lol so wait for my post eheh

Thanks alot again

mel

[B&M 0]

Hi,

here we go some other doubt which came up in my mind when filling other forms :

I-130

-First informations part : the adress for me ( foreign person) will be my french adress or should I put the adress of my bryan living in usa ?

-"21. If filing for your husband/wife, give last address at which you lived together."? we lived in budapest, hungary both as student at the same apartment for a year should be put that or should be write also the adress of bryan house in usa now ? I don't know if me coming as a visitor count as living here ?

-"Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office :"

here I'm confused between the USCIS office and center , so is the office the one in chicago and just the P.O box is changing depending of the state your are living , or the USCIS office is the specific one of the area like it would be vermont for people from NH ?

did you give several proofs of "evidence that bona fides of your marriage" ? we can have people who make affidavit and we still have the lease of the apartment in budapest but we were living with two others roomates so I don't know if it's efficient ! and we weren't married yet at this time !

G-325A

-Should I fill as occupation that I was a student because that looks weird that I don't have employment , but I was a student until here and even still now ( I took this year off).

-"This form is submitted in connection with an application for ":

Should I tick Status as permanent resident or I-130 petition ?

and last one hurray .....!!!!!!!

I-864 Affidavit of support

-Bryan's parents are making the I-864A to help as support to meet the requirements incomes, we have to proof that they live at the same residence : what would you suggere as proofs ? on the driver licence, on the income tax papers ?

- Bryan just have icome tax for 2008 for his job he still have now , not 2007 because he was just student , should we write a letter to attach and explain the situation ?

so bryan parents are filing the I-864A form ....again another paper

and we stopped on a line where bryan's parents and us are not agree on how to understand on sentence so maybe you could give your opinion:

first here is the link to the form: http://www.uscis.gov/files/form/I-864A.pdf

so part 2 Sponsor's Promise where they ask "indicate number" ..do you understand how many person or a number as the A-number to give at this spot?

ok I think after that I will be all set and I hope I will

thanks in advance for the one who will take time to answer to these questions

Mélanie