Sticky situation... thoughts please.

[Lola21 0]

Hello, thanks for reviewing my situation and offering your thoughts.

My fiance and I are planning to get married in a week or two, we can't really afford a nice BIG wedding right now and are considering doing it very small, private and at a Justice of the Peace (court wedding) only with a few friends in attendance. My parents are not welcome to come, they are terribly negative people.

Here's the part I have concerns about.

He came to the US on a student Visa in 2008, of course it has expired by now and he is in overstay status. We first met Jan 2010 online and it was INSTANT chemistry, perfect compatibility, I finally found happiness and couldn't ask for a better partner. I traveled to see him in May 2010, we met in person (as he lives on the west coast and I on the Gulf coast) he traveled back with me to my home we have been together ever since.. as in literally, physically living together. We have even opened up a joint bank account and are conducting daily life as husband and wife already. We can't imagine being without one another and are making serious arrangements for me to relocate back to the west coast with him. I'm talking MAJOR life changes for me, leaving my job and moving away from family and friends and even taking my son(4yrs)with me. ONE MAJOR thing though I need your thoughts on, I was married to someone else but was separated for some time and even filed for divorce before my fiance and I physically met in May. That marriage had been sour for a long time prior due to his extramarrital affairs, I was terribly unhappy. The divorce has been finalized but we are going to be marrying almost right on top of the 30 day waiting period my state has in place before one can remarry.

I want to do this right so we can always be together we are planning to start a family of our own within the next year even, but there is little bit of urgency in his ability to be able to travel to his home country. His parents are in ailing health and it is essential he be able to visit them AND be able to return home to our family (me, my son and eventually our OWN children together)as well.

I'd love any input you can offer, informative insight, constructive criticisms and positive encouragements just the same.

Regards,

Lola

[Boiler 45,939]

What Country is he from.

Student Visa's are usually issued for several years.

[Lola21 0]

Thanks Boiler for the fast response, I TRULY appreciate your interest... I believe his visa expired earlier this year or possibly late last year. Nigeria.

[Boiler 45,939]

Nigeria is a high fraud consulate, so high that it is in its own category.

I do not know how this translates when you are looking to adjust in country rather than through the Consulate.

You might want to consider a one off consultation with an Immigration Lawyer. Just to make sure.

[Gary and Alla 3,694]

Thanks Boiler for the fast response, I TRULY appreciate your interest... I believe his visa expired earlier this year or possibly late last year. Nigeria.

Um...good luck with that.

[Lola21 0]

Um...good luck with that.

Ummm yeah.. thanks, I think? maybe a hint of sarcasm in your note, or not?

[NigeriaorBust 4,087]

The earlier comment about Nigeria being in a class of it's own fraud wise is quite true. I see several red flags in what you posted already . Nigerian , overstay, marriage right after divorce, short courtship , parents not present for wedding. I am not sure if there are other red flags such as you being older/white but you WILL get an interview, and there is at least a 30% chance that your petition will not be approved.

[Darnell 8,479]

*** not a K-3 visa topic, moving to IR-1/CR-1 forum ***

[Deputy Purple 1,294]

You also need to find out if he is in removal proceedings or not. If he is then your odds of success just evaporated...

[Lola21 0]

The earlier comment about Nigeria being in a class of it's own fraud wise is quite true. I see several red flags in what you posted already . Nigerian , overstay, marriage right after divorce, short courtship , parents not present for wedding. I am not sure if there are other red flags such as you being older/white but you WILL get an interview, and there is at least a 30% chance that your petition will not be approved.

Wow... this is rather disheartening. I'm not really worried about having to go through an interview, if anything I'm expecting such. Didn't know there was an option NOT TO have to do one. I'm not exactly sure I understand why being "white" would be a red flag, and yes I am, however my previous husband was of African decent (Caribbean) however he was already a permanent resident before we got together. My fiance' and I are close to the same age, I'm a wee bit older though, as in less than two years. As far as I know he is not going through any process of removal, if he is he isn't aware of it himself. SO then I wonder if it even makes any difference at all that I all preparing to completely uproot myself from everything I know and am attached to here on the Gulf coast and pack up and move to the West coast to be with him is even significant, LORD knows it's a MAJOR thing for me! I mean I have an excellent job as a government contract employee and am willing to quit and find something completely different and possibly not as lucrative so we can have a life together.

I appreciate all of the input! Please continue to offer insight. I'm thinking definitely an attorney will be necessary to make this work for us.

[Deputy Purple 1,294]

Have him find out if he is already in removal proceedings. He should be able to check his status using his A# either online or via the phone.

If he is already in proceedings (regardless of his awareness of such) then USCIS will assume the marriage is fraud.

[Anh map 2,098]

Laying out all the particulars of your (you and your SO) circumstances in front of a qualified immigration attorney should help you two to get a sense of the road ahead. It could be money well spent.

If things seem straight forward and you folks are comfortable with doing the paperwork on your own Visa Journey is a great resource. If there are "issues" to be resolved you may or may not need to use an attorney.

Best of luck.

[Harpa Timsah 13,258]

If he is in the US, isn't this an AOS topic? They wouldn't be dealing with a consulate and an interview would be mandatory. All other comments apply.

[Boiler 45,939]

It is an Adjustment topic.

Being in deportation is unlikely, if that is the case then it is not impossible to adjust.

[LotofPatience 65]

Have him find out if he is already in removal proceedings. He should be able to check his status using his A# either online or via the phone.

If he is already in proceedings (regardless of his awareness of such) then USCIS will assume the marriage is fraud.

Will he (Student visa holder) get A# ?

Loto