Question on getting married to a visitor from anothe country

[comeb4him 0]

Need Help with my question..I have a friend here in the USA under a visitors visa.We want to get married But the question is.after we marry here in the states can she stay while I file for her I-130 & I-129.Also I filed for a woman before but we divorced and just only last year I told Us Embassy of her country and they replied that they would send paper work back to the US Immigration department.Is there a time limit that I have to wait to file for another I-130 & I-1290 or can I file again with no waiting..Please help...Thank you all

[Bobby+Umit 161]

Yes, people here on the visitors visa can marry and AOS. Follow this guide.

You would not file an I-129.

As long as your free to marry, there are no restrictions like that on the I-130/I-1485.

[antda 13]

Hi Comeb4him

Yes, VISITOR to AOS is perfectly LEGAL to do! (lol...I for one have done such...see my vj timeline...)

No, it's not illegal that you came to the US and get married while you were down here for a visit.

AS LONG AS YOU CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was in the same situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa (which are rare for Canadians, as Canadians generally don't need visas to visit the USA) from Canada for 2 weeks, and then ended up getting married here in the USA, and overstayed, and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature). But we took that risk anyways..and it paid off for me....Can't say that this works for everyone though...

However, if there was a denial, it could not have been appealed (unlike the other visa routes), and would have been deported...scary....

Again, contact a lawyer if in doubt of your particular situation....Which I advise anyone to do in this and in any case...

Every situation is different...

NEVERTHELESS, IT LOOKS LIKE THEY HAVE PRIOR INTENTION TO IMMIGRATE ON YOUR VISIT so they're probably better off filing for:

-A K1 (fiance visa...go back to your former country, file the paperwork, get married in the USA, adjust status, get green card)

-A K3 (marriage visa...go back to your former country, get married in the former country, file paperwork, come to USA, adjust status, get green card)

-A CR-1 (marriage visa...go back your former country, get married in the former country, file paperwork, come to the USA, get green card...)

Hope this helps too..Good luck on your journeys too..

Ant

Edited January 19, 2010 by Ant+D+BabyA

[Bobby+Umit 161]

Hi Comeb4him

Yes, VISITOR to AOS is perfectly LEGAL to do! (lol...I for one have done such...see my vj timeline...)

No, it's not illegal that you came to the US and get married while you were down here for a visit.

AS LONG AS YOU CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was in the same situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa (which are rare for Canadians, as Canadians generally don't need visas to visit the USA) from Canada for 2 weeks, and then ended up getting married here in the USA, and overstayed, and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature). But we took that risk anyways..and it paid off for me....Can't say that this works for everyone though...

However, if there was a denial, it could not have been appealed (unlike the other visa routes), and would have been deported...scary....

Again, contact a lawyer if in doubt of your particular situation....Which I advise anyone to do in this and in any case...

Every situation is different...

NEVERTHELESS, IT LOOKS LIKE THEY HAVE PRIOR INTENTION TO IMMIGRATE ON YOUR VISIT so they're probably better off filing for:

-A K1 (fiance visa...go back to your former country, file the paperwork, get married in the USA, adjust status, get green card)

-A K3 (marriage visa...go back to your former country, get married in the former country, file paperwork, come to USA, adjust status, get green card)

-A CR-1 (marriage visa...go back your former country, get married in the former country, file paperwork, come to the USA, get green card...)

Hope this helps too..Good luck on your journeys too..

Ant

Prior intent cannot be used to deny an AOS to an immeditate relative of an USC. As long as there are no other adverse factors, the rules say they can AOS (for conditional LPR).

Case law: (this was superseded by the Immigration Marriage Fraud Amendments of 1986)

Matter of Cavazos , 17 I. & N. Dec. 215 (BIA, 1980) . In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

Public Law:

Immigration Marriage Fraud Amendments of 1986 Public Law 99-639 (Act of 11/10/86), which was passed in order to deter immigration-related marriage fraud. Its major provision stipulates that aliens deriving their immigrant status based on a marriage of less than two years are conditional immigrants. To remove their conditional status the immigrants must apply at an Immigration and Naturalization Service office during the 90-day period before their second-year anniversary of receiving conditional status. If the aliens cannot show that the marriage through which the status was obtained was and is a valid one, their conditional immigrant status may be terminated and they may become deportable.

[antda 13]

Prior intent cannot be used to deny an AOS to an immeditate relative of an USC. As long as there are no other adverse factors, the rules say they can AOS (for conditional LPR).

Case law: (this was superseded by the Immigration Marriage Fraud Amendments of 1986)

Public Law:

The OP was posting about a VISITOR TO AOS/2yr conditional green card status..

Not 2yr conditional green card to 10yr unconditional green card status, so the public law example quote here is not applicable yet.

And for the VISITOR to AOS rules...Again, as stated above, one has to "prove" that they "CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT" and "do this as to avoid and/or break immigration laws".....

So it is the Visitor Visa and Intention that comes into question here, regardless.....

And if "PRIOR INTENTION TO IMMIGRATE" is found on a "VISITOR'S VISA", at any point....

THEY ARE DEPORTABLE RIGHT AWAY...Forget about any green cards or any legal status here!

So to the OP....Again, I highly recommend you go thorough the k1, k3, or CR routes instead, since you have "INTENT ON YOUR VISITOR'S VISA" here...

Hope this helps too. Good luck on your journey...

Ant

Edited January 20, 2010 by Ant+D+BabyA