need help regarding marraige

[JimD0514 0]

First off let me introduce myself. My name is Jim, I'm 29 and live in Connecticut. I have had an online relationship with a woman overseas for 6 months or so now so we decided to meet. The plan was I was to go to Russia and spend a few weeks and meet her family and friends. Then when I come back to America she was going to come with me to spend a few months. Obviously marriage is the ultimate goal but we hadn't talked about it yet. She is now living with me in America and I'm at a crossroads. I know that the proper outlet is the K-1 visa. My father has explained it all to me as he married a Thai woman 10 years ago doing this. I know that it is fraudulent to bring a woman to this country with intent on marriage while on a tourist visa. I guess my question is, do I still have to go through the lengthy process of the K-1 visa to marry this woman or can I marry her while she is here on her tourist visa since we had no intention on getting married when she came over. She does have a return home ticket. I'd just rather not be apart from her if I don't have to. I'm sure others have had similar situations. Another question I have is this. She is on a 6 month visa which she is 4 months into. I'm sure the process of changing visa status is more then 2 months, are there extensions that can be gotten? I appreciate all your help!

Jim

[Inky 1,111]

If you are processing a change of status you do not extend anything because your status is in limbo while you are being " processed "

If you are intending to file change of status then you need to start.

http://www.visajourney.com/content/i130guide2

[ceadsearc 516]

If you did not intend to get married when she came, you can adjust her status from the B-2 visa.

Once you get married, she will need to go to a civil surgeon for her medical and then you will file all the paperwork (I-130, I-485, I-765, I-131) together. Her B-2 will not be extended but once she receives her receipt from USCIS (the NOA1), she will enter a new period of authorized stay while her application is processing.

She cannot, however, leave the country until she receives her Advanced Parole (travel documents) which generally take about 2 months. If she has any overstay (ie any time period between when her visa expired and when she received the NOA1), it is better that she not attempt to leave the country at all, even with the Advanced Parole, as she may have trouble returning.

Keep in mind also that she will need certain documents like her birth certificate that she will probably need to get mailed here, and that if she has any pressing matters abroad that cannot wait and she needs to return home sooner (since she wasn't planning to stay I'd assume she might have an apartment, job, etc.), then once she leaves she will not be able to come back and adjust and she would either need to file for a K-1 (if not already married) or CR-1 (if already married).

[JimD0514 0]

Is it risky marrying on a tourist visa? Our love and relationship are real, I just don't want to risk the change being denied. Neither of us thought that we'd want to marry after such a short time but I guess you can't calculate love...

[ceadsearc 516]

Many people marry and adjust status on a tourist visa, it is perfectly legit. If you have a short courtship (not sure how long you knew each other before she came to visit), you may be scrutinized harder. Additionally, there is the possibility it may appear to the IO that she came here with intentions to marry and adjust, but the same evidence that she showed to get her visa and prove her ties to her home country (ie loose ends) can also be used to dispute that. There's nothing illegal about it, however, so long as you didn't have intention when she arrived. If it seems too great a risk to you, however, you can either marry and she can return home and you file for a CR-1, or not marry and file for a K-1.

[JimD0514 0]

Thank you for your help. Marraige is always the intention in the long run but we definitely weren't expecting it to move this quickly. I'm sure the outcome of her visa change being accepted is us proving that we have a legitimate relationship, what kinds of things are we going to need to do this? Obviously she status with me and we function like a normal couple. We are not married yet because I wanted to do my research. I do l8r her and want to spend my life with her.

[ceadsearc 516]

You'll need evidence of your relationship - things like joint accounts, leases, pictures, letters, etc.

[trillium13 84]

People adjust from tourist visas all the time. It's up to you to decide how much risk you want to take. You probably won't have issues if you can provide evidence of a legit relationship.

One thing you may want to think about, and if I am wrong on this, I would like someone to correct me. Russia may be considered a higher-fraud country, and you may have to be prepared for some closer scrutiny. Just something to consider.