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matt01

Adjustment of status from Tourist visa

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My girlfriend doesnt not earn enough to sponser me to keep me in the US after we marry, I am thinking to get married on a tourist visa and return home then apply for a permanent status. Does anybody know how long this would take until I can legally return?

I would also like to know how the process would work if I did stay after marriage on a tourist visa and how long would it take until I can work?

Somebody please help...I can't stand being away from my love!

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6-7 months with the CR-1 (usually).

Your not legally suppose to come here with a visitors visa (vwp for that matter), marry and attempt to AOS (remain in the US). There is no issue with you getting married while visiting and then leaving.

Regardless, you GF will still need a sponsor for you.

If you do attempt to AOS, and apply for an EAD, it can take up to 90+ days to receive the EAD which allows you to work.

I would stick with your first plan, file for the CR-1, which allows you to work as soon as you come back (and it's cheaper, with a greencard upon entry).

Less chance of getting busted for circumventing immigration law.

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

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Filed: K-1 Visa Country: Canada
Timeline

Your girlfriend will require a co-sponsor if she doesn't make enough money to satisfy the Poverty Guidelines, regardless of how you plan to adjust status.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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Filed: Timeline
6-7 months with the CR-1 (usually).

Your not legally suppose to come here with a visitors visa (vwp for that matter), marry and attempt to AOS (remain in the US). There is no issue with you getting married while visiting and then leaving.

Regardless, you GF will still need a sponsor for you.

If you do attempt to AOS, and apply for an EAD, it can take up to 90+ days to receive the EAD which allows you to work.

I would stick with your first plan, file for the CR-1, which allows you to work as soon as you come back (and it's cheaper, with a greencard upon entry).

Less chance of getting busted for circumventing immigration law.

Agreed.

Your GF will always be the primary sponsor, and will have to submit an Affidavit of Support whether she makes enough money or not. You will need a co-sponsor that makes enough money, and this cosponsor will fill in another Affidavit of Support.

:guides:

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