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knche

tourist visa AOS or K1

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

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knche Newbie

knche   0

Posted
Filed: Country: Guatemala
 Timeline
Posted

hi there, i have a big question, right now i'm in my home country (Guatemala) and my boyfriend says i should go there (US) get marry then go back to my country and then when we get the money for the AOS go back to the US and get it. the thing is the only way i can go to the US is with my tourist visa, but i dont know if thats possible (actually i dont think its legal). in my opinion we should wait to get the K1 because i dont want to mess up, but i still need to ask...

Calypso Mentor

Calypso   464

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

You may get married in the U.S. while on a tourist visa but cannot file for AOS. You will have to return to your country and get another visa like the CR-1 to be an immigrant.

Anyone may correct that if mistakenly stated.

FAE :luv:

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sachinky Mentor

sachinky   465

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

You may enter the U.S. on a B2 and get married and then leave once your visa expires. However, entering on a B2 with the prior intent of marrying, adjusting status and staying is illegal as it is an attempt to circumvent immigration laws in place.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

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Darnell Grand Master

Darnell   8,479

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

I wouldn't call it 'AOS' -

I'd call it filing for I-130 petition.

We have really good GUIDES here - Suggest to him that he read one.

Ya, you can come in, get married, set up documents for proof of bonafide marriage, then LEAVE, go back to Guatamala.

Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
I wouldn't call it 'AOS' -

I'd call it filing for I-130 petition.

We have really good GUIDES here - Suggest to him that he read one.

Ya, you can come in, get married, set up documents for proof of bonafide marriage, then LEAVE, go back to Guatamala.

Good Luck !

Well it would be AOS, as they are proposing Adjusting Status from tourist to resident... The I-130 purpose is to determine that the alien is an eligible immediate relative.

OP: You cannot enter the USA as a non-immigrant with the intent to immigrate

YMMV

justashooter Experienced

justashooter   430

Posted
Filed: Country: China
 Timeline
Posted
hi there, i have a big question, right now i'm in my home country (Guatemala) and my boyfriend says i should go there (US) get marry then go back to my country and then when we get the money for the AOS go back to the US and get it. the thing is the only way i can go to the US is with my tourist visa, but i dont know if thats possible (actually i dont think its legal). in my opinion we should wait to get the K1 because i dont want to mess up, but i still need to ask...

to make it simple, follow his advise, come to USA and get married, then return to guat. from there you may file for CR1 as described in this guide:

http://www.visajourney.com/forums/index.ph...page=i130guide1

once the CR1 is filed you may be refused entry to USA until it is completed, but it is better than K1 as you will have a green card at moment of entry, rather than having to wait several months. this means that things like a drivers liscence, SS# and employment will be immediately possible. too bad you weren't married before dec 31, so he could claim married on this year's tax filing. processing time for K1 and CR1 are about the same.

on a side note, some guys do marry a foreign woman so that they can file married, and are slow to follow thru with the immigration process, but i'm sure you know this guy well enuf...

____________________________________________________________________________

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jundp Mentor

jundp   191

Posted
Filed: Country: Germany
 Timeline
Posted
on a side note, some guys do marry a foreign woman so that they can file married, and are slow to follow thru with the immigration process, but i'm sure you know this guy well enuf...

Why is this part of your post even necessary?

____________________________________

Done with USCIS until 12/28/2020!

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"What difference does it make to the dead, the orphans, and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty and democracy?" ~Gandhi

christeen Experienced

christeen   966

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

Simple answer, no you cannot do that and legally adjust from a tourist to resident... You either file the I129 as a fiance and enter as a fiance, or you get married, file the I130 and you wait in Guat for interview and enter the US as a resident on CR1...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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

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