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Filed: AOS (pnd) Country: Mexico
Timeline
Posted

there is no concievable way she has not been working...statisically she did not arrive in the US with $40,000 in her luggage.

What $40,000?

Her support has come from random donations; people paying her way as she goes. Missions work stuff.

07.24.09 Met in Mexico.

03.18.10 Began dating via internet.

07.10.10 Arrived in Mexico, 2nd trip.

12.16.10 Returned home to US. Last time I've seen him :(

12.20.10 I-129f sent to Dallas.

12.28.10 I-129f received.

12.30.10 NOA1

05.04.11 NOA2

05.07.11 Received hardcopy NOA2 in the mail.

05.31.11 NVC receive.

06.02.11 NVC sent.

06.02.11 Consulate Received.

06.13.11 Packet 3 Received.

06.13.11 Packet 3 Sent. (i.e. submitting DS-260 and filling out and printing DS-156 and DS-156K)

06.14.11 Scheduled ASC and interview.

07.10.11 Departure to Mexico City.

07.11.11 Mexico City to Juárez.

07.12.11 Medical

07.13.11 ASC appointment

07.14.11 INTERVIEW! and APPROVED!! :)

07.21.11 Visa in Transit.

07.22.11 Visa Ready to be Picked Up @ DHL.

07.23.11 Picked up visa @ DHL.

07.23.11 Crossed border to El Paso.

07.24.11 Flight to Boston and FINALLY IN MY ARMS AGAIN!!! Thank you Lord!

09.17.11 Married!

09.27.11 Sent in papers for AOS

02.13.12 Received RFE

Posted

Hey guys, I have a Mexican friend who is here on a tourist visa and wants to get married to a US citizen. Is this allowable? What will happen if she does? Does she risk deportation? She wants to get married next month so we need an answer ASAP!!

Yes. She can get married. legally.

Yes. She can AOS. Legally, as long as she entered the US with inspection, and is marrying an USC. (however, if she entered on the VWP and is pass the 90 days, trouble may occur in the AOS process due to the restrictions placed on that entry method)

Yes she can travel with the AP, however, if she has more than 180+ days pass the date on the I-94 she should not leave the US till the greencard is in hand. (the AP is useless after 180+ days out of status.)

Risk deportation? Only if she has enough adverse factors counting against her. Coming here with pre-conceived notions to immigrate, working illegally, in themselves, are usually not adverse enough to warrant deportation, as long as the initial entry into the US was legal. (claiming USC/Fake SSN are deal breakers, for example) - each case is different - and only you can make the call if you did enough adverse things to affect your immigration, thus only you will face the IO...

People in this thread stating it's "illegal" or "not the proper way to do it" are wrong. The way the law is written, she has every right to marry on a visitors visa, and AOS. Most people that go off on this subject are sore they didn't do it, and spent more time/money then the people that visit/aos.

If you don't like the law - petition congress to change it.

I know a few people that had similar experiences, and they are happily married and living quite well in the US. Could you be subject to more questioning? Of course you can be - but overstay and working are not "adverse" enough to stop the AOS.

I've seen couples that followed the "correct" way and still get grilled over the fire - :bonk:

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Country: Mexico
Timeline
Posted (edited)

So I have question, regrading a similar situation a friend is going through. The girl came here through tourist visa and got married. They are now trying to get all the paper work ready to send off. On the I-485 it is asking for a medical exam report, would they need to get another one done even though if they just one done for her tourist visa? Also, regarding the police report. She have never been convicted or arrested of anything, does she still need a report saying that or can she omit it?

Edited by Salvador2003
Filed: Citizen (apr) Country: Poland
Timeline
Posted

So I have question, regrading a similar situation a friend is going through. The girl came here through tourist visa and got married. They are now trying to get all the paper work ready to send off. On the I-485 it is asking for a medical exam report, would they need to get another one done even though if they just one done for her tourist visa? Also, regarding the police report. She have never been convicted or arrested of anything, does she still need a report saying that or can she omit it?

Of course she needs a separate medical report - it has be signed by USCIS Civil Surgeon on the form I-693. Here you can find a CS located near you....

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

No police report needed in her case.

Filed: Country: Mexico
Timeline
Posted

Of course she needs a separate medical report - it has be signed by USCIS Civil Surgeon on the form I-693. Here you can find a CS located near you....

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

No police report needed in her case.

Ok I missed that part about it having to be done by a civil surgeon. Thank you, I will relay the information to them.

Filed: Other Country: Russia
Timeline
Posted

Yes. She can get married. legally.

Yes. She can AOS. Legally, as long as she entered the US with inspection, and is marrying an USC. (however, if she entered on the VWP and is pass the 90 days, trouble may occur in the AOS process due to the restrictions placed on that entry method)

Yes she can travel with the AP, however, if she has more than 180+ days pass the date on the I-94 she should not leave the US till the greencard is in hand. (the AP is useless after 180+ days out of status.)

Risk deportation? Only if she has enough adverse factors counting against her. Coming here with pre-conceived notions to immigrate, working illegally, in themselves, are usually not adverse enough to warrant deportation, as long as the initial entry into the US was legal. (claiming USC/Fake SSN are deal breakers, for example) - each case is different - and only you can make the call if you did enough adverse things to affect your immigration, thus only you will face the IO...

People in this thread stating it's "illegal" or "not the proper way to do it" are wrong. The way the law is written, she has every right to marry on a visitors visa, and AOS. Most people that go off on this subject are sore they didn't do it, and spent more time/money then the people that visit/aos.

If you don't like the law - petition congress to change it.

I know a few people that had similar experiences, and they are happily married and living quite well in the US. Could you be subject to more questioning? Of course you can be - but overstay and working are not "adverse" enough to stop the AOS.

I've seen couples that followed the "correct" way and still get grilled over the fire - :bonk:

:thumbs::thumbs:

QCjgyJZ.jpg

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

one judgmental post removed and poster threadbanned for hijacking this thread.

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

 
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