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thegordons2009

just visiting USA and want to marry now

By thegordons2009 in Adjustment of Status from Work, Student, & Tourist Visas

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thegordons2009 Enthusiast

thegordons2009   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

If I enerered the USA just as a visitor (say to go shopping) and I found the man of my dreams. Can we get married and then just change my status? Or do we have to have a k1 of k3 visa?

2/7/13 mailed I130 x 2

2/14/13 checks cashed $420 x 2

4/3/13 RFE more divorce info requested and marriage certificate(which I had already sent)

4/9/13 mailed additional info

4/19/13 I130 approved

5/10/13 NVC received

5/16/13 Called NVC and got Case #s and Invoice ID #s

5/17/13 USCIS website states: Your case can not be found at this time in My Case Status. Please check your receipt number and try again.

5/24/13 Paid AOS ($88.00) fee online

5/30/13 Emailed I-864 package for both kids

6/3/13 paid IV bill $230 x 2 kids

6/5/13 IV bill shows paid, DS260 available

6/14/13 CHILDREN'S PASSPORTS ARRIVED!!!!

6/14/13 filed online DS-260 for both kids

6/16/13 emailed Supporting docs for DS-260 for both kids

7/9/13 CHECKLIST for both kids...sad.png

7/9/13 checklist response sent (birth certs and passport Bio Page <again>)

8/2/13 CHECKLIST both kids

8/3/13 checklist response sent (I-864 AGAIN and paystubs - sent last 6 paystubs)

8/28/13 ***** INTERVIEW SCHEDULED***** for 10/9/13

9/11/13 Medicals completed in Toronto @ Dr. Seiden's office

10/9/13 INTERVIEW APPROVED

10/25/13. SSN cards arrived

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

It's possible and you will find folks here on VJ that have done / are doing the same.

That being said it's not a guarantee. Entering the US as a non-immigrant with the intent to immigrate is illegal. Best thing is for you two to do some reading here to understand the process and the pitfalls.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

If you entered the US with no intentions of getting married, you are allowed to marry and file to change your status from non-immigrant (visitor) to immigrant while still in the US. It is your responsibility to prove that you had no intentions of marrying and staying when you entered, and if it is denied, there is no right of appeal.

It is legal to enter the US with the intention of getting married. It is not legal to enter with the intention of marrying and staying unless you have the right visa. It is considered visa fraud to enter the country on a visa for one purpose (visit) and then trying to use it for a different purpose (immigrate). You can still intend to get married on a visitor's visa, however you then need to leave the country and file to obtain the correct visa (K-3 or CR-1) through the appropriate Consulate outside of the US before coming to stay in the US.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

moved from family based visa AOS Forum

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

thegordons2009 Enthusiast

thegordons2009   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted

Thanks for the info. I think I will go the cr1 route. If I do that, I can still visit the USA like I am now right?

2/7/13 mailed I130 x 2

2/14/13 checks cashed $420 x 2

4/3/13 RFE more divorce info requested and marriage certificate(which I had already sent)

4/9/13 mailed additional info

4/19/13 I130 approved

5/10/13 NVC received

5/16/13 Called NVC and got Case #s and Invoice ID #s

5/17/13 USCIS website states: Your case can not be found at this time in My Case Status. Please check your receipt number and try again.

5/24/13 Paid AOS ($88.00) fee online

5/30/13 Emailed I-864 package for both kids

6/3/13 paid IV bill $230 x 2 kids

6/5/13 IV bill shows paid, DS260 available

6/14/13 CHILDREN'S PASSPORTS ARRIVED!!!!

6/14/13 filed online DS-260 for both kids

6/16/13 emailed Supporting docs for DS-260 for both kids

7/9/13 CHECKLIST for both kids...sad.png

7/9/13 checklist response sent (birth certs and passport Bio Page <again>)

8/2/13 CHECKLIST both kids

8/3/13 checklist response sent (I-864 AGAIN and paystubs - sent last 6 paystubs)

8/28/13 ***** INTERVIEW SCHEDULED***** for 10/9/13

9/11/13 Medicals completed in Toronto @ Dr. Seiden's office

10/9/13 INTERVIEW APPROVED

10/25/13. SSN cards arrived

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

You were given answers on your original post: OP Original

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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