new member-input and answers plz

[UNKNOWN 0]

Hello all. I'm a US citizen in the US Armed Forces-Active Duty.

I have been with my girlfriend, now fiance, for 3 years. We met in high school. She is in the US via tourist visa, and by saying she went to school with me, you can tell she's living here in the States currently.

I want to know what the marriage process is going to be like?

Are we going to be thoroughly questioned?

Is she gonna have to go back to Mexico for a while before we can get married?

Will we get screwed over if they know she lives/went to school here?

Will she automatically be able to live/work here?

Any input plz and especially if you went through the same deal with a Mexican national?

Thank you in advance

(I'm new to VisaJ.com so I don't know how the users are but please nothing racist)

[spookyturtle 9,466]

So she did enter legally with a visa? How long was she allowed to stay?

[UNKNOWN 0]

So she did enter legally with a visa? How long was she allowed to stay?

She does enter legally. But her visa allows her to be here like a few days at a time.

[scandal 951]

Screw you

You should probably ask the mods to move this to another forum. "Off Topic" isn't likely to give you the answers you are looking for.

Regarding your question if she is in the US on an overstayed visa, I think you can file for Adjustment of Status for her after you get married. She should NOT leave the US until completing the AOS because as soon as she exits she will trigger the ban (up to 10 years I believe) for the overstayed visa. Others on VJ can comment better about this than I can, I'm just repeating here what I've read on similar cases.

[UNKNOWN 0]

You should probably ask the mods to move this to another forum. "Off Topic" isn't likely to give you the answers you are looking for.

Regarding your question if she is in the US on an overstayed visa, I think you can file for Adjustment of Status for her after you get married. She should NOT leave the US until completing the AOS because as soon as she exits she will trigger the ban (up to 10 years I believe) for the overstayed visa. Others on VJ can comment better about this than I can, I'm just repeating here what I've read on similar cases.

Thank you so much

[scandal 951]

She does enter legally. But her visa allows her to be here like a few days at a time.

Oh. That's different then. If she enters and exits the US regularly on a day-permit type of visa then she's not overstayed on a visa. In which case if you have intention to marry, you should not try to file AOS within the US, since that would be misrepresenting her tourist visa status on her entry to the US for the trip on which you would marry.

[UNKNOWN 0]

Oh. That's different then. If she enters and exits the US regularly on a day-permit type of visa then she's not overstayed on a visa. In which case if you have intention to marry, you should not try to file AOS within the US, since that would be misrepresenting her tourist visa status on her entry to the US for the trip on which you would marry.

She's supposed to be here a few days at a time but she stays a few months then goes back a couple weeks everytime

[scandal 951]

She's supposed to be here a few days at a time but she stays a few months then goes back a couple weeks everytime

This doesn't make sense. Her visa has specific time limits which she ignores -meaning she overstays. She then exits the US, and re-enters. And upon her (multiple) re-entries, the border officials don't challenge her on those past overstays? I don't see how this can be.

[UNKNOWN 0]

This doesn't make sense. Her visa has specific time limits which she ignores -meaning she overstays. She then exits the US, and re-enters. And upon her (multiple) re-entries, the border officials don't challenge her on those past overstays? I don't see how this can be.

They don't know if she overstays.- They don't check your info when your leaving the US

[Nagishkaw 510]

Moved from Off Topic to K-1 Fiance(e) Visa Process & Procedures.

http://www.visajourney.com/forums/index.php?showforum=80

Edited February 27, 2010 by Nagishkaw

[웃 910]

File for a K1 Fiancee visa....Follow these steps

It's very easy. Just follow step by step....Just paperwork, a couple 2x2 photos, a copy machine to copy some important documents (passport, birth certificate, etc.), a couple photos of you guys together, and a $400-$500 check (I forget exact amount)....

...She will be going to the US consulate in Juarez, Mexico right on the Texas border. I'm not sure if she can still visit during the waiting time (about 6-8 months from the day you send the paperwork) but maybe since she already has a B1 visa...If you filed today, my guess is she would have her visa in hand the end of August at earliest and the end of October at latest.

Good luck...

[VanessaTony 3,567]

I want to know what the marriage process is going to be like? - depends on what state you're in. Most of the time they just need a passport

Are we going to be thoroughly questioned? - no not really. Not to get married at least but in terms of immigration, yes for proof of "real" relationship etc

Is she gonna have to go back to Mexico for a while before we can get married? - depends what visa you want. You can technically get married tomorrow if your state doesn't have a long waiting period. For me in Iowa there was a 3 day waiting period.

Will we get screwed over if they know she lives/went to school here? - for marriage? no. For immigration, unlikely, in fact it sounds like her being there for school is how you met so it will be important that they know that's how you met. A lot of people overstay with no issues... but it depends on whether you mean she lives with YOU right now and every time she visits, or if she has a place she rents and has been crossing the border multiple times lying about her intent to immigrate

Will she automatically be able to live/work here? - not immediately, she'll need to wait till she gets her employment card (EAD) or greencard (GC). Immigration isn't "easy" but it's possible. There are income requirements and proof of relationship requirements etc.

(I'm new to VisaJ.com so I don't know how the users are but please nothing racist)

Basically if she is currently in the US she SHOULD NOT leave as I believe, based on your post, that she didn't enter with the intention of marrying you BUT if she was to marry you now, you would then file an I-130 and I-485 (like the guide says). She will not be able to leave the US until she hears the results. The issue with doing it this way is if her visa is denied she will be given 30 days to leave the US with no means of appeal, you will simply need to petition for her using the CR-1

If you want to do it a different way (which if it's denied there are ways to appeal) you can either petition for a fiance visa (K1) or if you get married before she leaves, a CR-1.

In the K1 or CR-1 case she will need to go back to Mexico. She can visit while it's processing. The K1 means you need to file AOS once she's in the US and you're married and she won't be able to work until that's complete. In the CR-1 she will arrive with an immediate 2 year conditional greencard and will be able to work.

Which one you choose is up to you. Go to the guides here: http://www.visajourney.com/forums/index.ph...amp;page=guides and read them starting with where it says "begin here".

Good luck and welcome.

p.s. when you post in Off Topic the same "polite" rules don't apply as there are in other forums. Most people aren't racist (even though they might pretend sometimes) because we're all marrying "foreigners" (I'm the Aussie in my situation).

** moving from "K-1 Fiance(e) Visa Process & Procedures" to "Bringing Family Members of US Citizens to America" as you haven't decided which immigration path you wish to take yet**

Edited February 27, 2010 by Vanessa&Tony

[UNKNOWN 0]

Basically if she is currently in the US she SHOULD NOT leave as I believe, based on your post, that she didn't enter with the intention of marrying you BUT if she was to marry you now, you would then file an I-130 and I-485 (like the guide says). She will not be able to leave the US until she hears the results. The issue with doing it this way is if her visa is denied she will be given 30 days to leave the US with no means of appeal, you will simply need to petition for her using the CR-1

If you want to do it a different way (which if it's denied there are ways to appeal) you can either petition for a fiance visa (K1) or if you get married before she leaves, a CR-1.

In the K1 or CR-1 case she will need to go back to Mexico. She can visit while it's processing. The K1 means you need to file AOS once she's in the US and you're married and she won't be able to work until that's complete. In the CR-1 she will arrive with an immediate 2 year conditional greencard and will be able to work.

Which one you choose is up to you. Go to the guides here: http://www.visajourney.com/forums/index.ph...amp;page=guides and read them starting with where it says "begin here".

Good luck and welcome.

p.s. when you post in Off Topic the same "polite" rules don't apply as there are in other forums (where you are now in K1). Most people aren't racist (even though they might pretend sometimes) because we're all marrying "foreigners" (I'm the Aussie in my situation).

** moving from "K-1 Fiance(e) Visa Process & Procedures" to "Bringing Family Members of US Citizens to America" as you haven't decided which immigration path you wish to take yet**

I live in AZ. We don't live in the same house, but both in AZ. She has a B2 Visa, allows her here a few days at a time.

So could we actually get married here whenever then file for her change of status?- or do they see she overstayed and screw us?

I'm trying to not be apart from her and not spend a lot of money--impossible?

[Kathryn41 3,205]

Inappropriate off-topic type of comments have been removed. This thread is now in the Immigration forums so I will remind all members that if you cannot answer respectfully and provide useful information, then do not answer at all.

[VanessaTony 3,567]

I live in AZ. We don't live in the same house, but both in AZ. She has a B2 Visa, allows her here a few days at a time.

So could we actually get married here whenever then file for her change of status?- or do they see she overstayed and screw us?

I'm trying to not be apart from her and not spend a lot of money--impossible?

Yes. You could get married there and file her change of status (read this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2 )

Overstaying is "forgiven" if it's the spouse of a USC. So once you're married (and have successfully got her a GC) it's forgiven. Remember, she CANNOT leave if she chooses this path, until AOS is complete.

Not being apart is possible, not spending a lot of money... less so. The AOS is $1010, then because you're also filing the I-130 (which you have to) it's $355 on top of that. She will also need to see a civil surgeon (doctor) to have a medical done. Here's the finder for that: https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV (just enter your zip code) and there's also a thread here: http://www.visajourney.com/forums/index.php?showtopic=231026 that talks about CS's they've found that aren't too expensive.

In short you're looking at:

I-130 - $355

I-485 - $1010

Medical - $200 -$500 (sometimes more)

Wedding - $??

Marriage licence: $?? (varies by state)

So between $1500 - $2000.. perhaps more.

Also, if you're choosing this method, i suggest reading some posts in that forum, it's here: http://www.visajourney.com/forums/index.php?showforum=130 Do some more reading of the guides, and of the topics in that thread, and if you have any more questions about that path, post them in that forum (To prevent being told to make sure you do all the reading of the guides, forms, and threads before posting questions. Information is power. Also, if you have a question, you can search using the search bar up the top first to see if anyone else asked about it as well)

Edited February 27, 2010 by Vanessa&Tony