She is HERE and i need help!

[Hank_ 9,174]

I think we ought to learn to be nice to someone asking a question. I think a simple no would do, don't have to be so sarcastic even if you think it's a dumb question.

[venusfire503 54]

If they didn't originally plan on marrying when she visited, they can get married and have her stay, apply for the green card, etc. and it's all legal. The only thing is, they will have to convince the interviewer that they didn't decide to do that before she got here. I've read of people who did that (decide to do it the legal way, just to clarify) with no problem, but there are others who got burned.

My advice, for what it's worth is: if you did just decide ONCE SHE WAS HERE that you wanted to get married now, then make sure you figure out how to prove that.

venusfire

Edited January 13, 2012 by venusfire503

[GnBnL 50]

make sure you plan ahead before getting married! check out the costs for immigration stuff, and make sure you have the money in place so you don't slow anything down! Do everything in YOUR power to make the process go faster! Congrats to you both and good luck!

[bayojona3231 4]

She has to be at the interview herself. Good luck

i thought a k-1 is started with filing a i-129f?

Can she visit while getting the k-1? should i just get married at the court while she is here and get the c-1? But with a c-1 she cannot immigrate at all right?

[Deputy Purple 1,294]

The only thing is, they will have to convince the interviewer that they didn't decide to do that before she got here. I've read of people who did that (decide to do it the legal way, just to clarify) with no problem, but there are others who got burned.

My advice, for what it's worth is: if you did just decide ONCE SHE WAS HERE that you wanted to get married now, then make sure you figure out how to prove that.

No she won't...

Federal Court has ruled that USCIS can't deny AOS merely on the suspicion of intent. If USCIS can prove that she had intent at POE and she LIED about then they've got her dead to rights otherwise she's safe.

Example (from a thread on 2010 here on VJ):

CBP finds a wedding dress and all of the documents that would be needed for AOS in her luggage so they take her into secondary and question her about her intent.

She states that while she will get married she understands that she must return home and go the CR-1 route to immigrate. CBP presents her with a statement that she signs wherein she is acknowledging that she wants to immigrate after she gets married.

She's admitted with a reminder that she must return to her home country after the wedding for her immigration process as she's entering on a non-immigrant Visa.

Now if she attempts to AOS USCIS will have access to the records from her POE and not only can they deny her AOS but they can charge her with Material Misrepresentation and issue her a lifetime ban.

[TBoneTX 45,329]

What's keeping the OP from visiting her in Mexico?

And "grammar-correcting" is hyphenated (as is "#######-retentive"), si man.

[MochiKamo 93]

Oh dear, rather harsh there, especially as a real grammar pedant would not pick up someone else after such an error.

Similar to.... "I have a job interview, do I have to go, or can I just send someone to take my place"?

No period is required.

Question mark is required after quotation mark.

Just sayin' like

Edit - Even the use of quotation marks at all could be argued

Everyone's a stickler for the facts. Give me a break! I'm just a pedant in training.

[MochiKamo 93]

What's keeping the OP from visiting her in Mexico?

And "grammar-correcting" is hyphenated (as is "#######-retentive"), si man.

No, it is not hyphenated. So, no man. Or should that be no hombre?

[Onggoy Diyos 8]

i thought a k-1 is started with filing a i-129f?

Can she visit while getting the k-1? should i just get married at the court while she is here and get the c-1? But with a c-1 she cannot immigrate at all right?

Never heard of the c-1.

K-1 takes longer and costs too much. Double fees and all.

Yes, get married now. Then file a CR-1. $300 and 3 months and your spouse will be with you.

Getting married on a tourist visa is not a crime! Ha, ha, ha! People do it all the time. I did!

[Paul+Leticia 1]

Does she have a dog? if so..she can send him....

What type of reply is that? Your better of just saying nothing!

[Stu4Lee 66]

And "grammar-correcting" is hyphenated (as is "#######-retentive"), si man.

Not always, it can be hyphenated or not. eg "that is a well-known fact" and "that fact is well known"

Now that's ####### :yes:

Everyone's a stickler for the facts. Give me a break! I'm just a pedant in training.

Stick with it

No, it is not hyphenated. So, no man. Or should that be no hombre?

Can be either, oh yes fella

[djeslinger 0]

She needs to understand that once you have made this decision to marry and adjust status (get a green card) from within the US, she cannot leave the US or this option is no longer legally available. She will basically be restricted to remain within the US until after she has applied for her green card based upon her marriage to a US citizen, and received either the green card itself, or at the very least permission to travel called 'Advance Parole'. If she has overstayed her tourist visa by the time she applies for AOS, then she is better off not leaving the US even with an AP as there is no guarantee of re-entry and it would mean having to start the whole immigration process all over again from the beginning with a spousal CR-1 visa.

@Kathryn41... If i understand you, if they now marry she can not leave the US. again until her AOS is complete? assuming all is as OP says and this was not a planned wedding, she probably has many things in her home country that need attending. ( perhaps house, car, ect) Seems quite a quandary.

[Kathryn41 3,205]

@Kathryn41... If i understand you, if they now marry she can not leave the US. again until her AOS is complete? assuming all is as OP says and this was not a planned wedding, she probably has many things in her home country that need attending. ( perhaps house, car, ect) Seems quite a quandary.

Yes, it can be quite a quandary. Marrying on the 'spur' of the moment or marrying without having planned to stay in the US at the time of entry does leave unfinished business behind. It is a nuisance, at the very least, and can cause real challenges at its worse. Once someone applies to adjust status, if they leave the US without permission or proper authority to re-enter the US, USCIS considers them to have abandoned their AOS petition and cancels it. The individual will now need a proper spousal visa before they will be allowed to re-enter the US. They may or may not be allowed to visit on a visitor's visa but that would be up to the border guard where they apply for re-entry to decide. They may well be denied due to their earlier actions on a visitor's visa, and told to wait for the spousal visa to arrive.

The 'good news' is that having such items in need of attention that must now be handled from a distance reinforces the statement that there was no intent on entry to remain in the US on this trip, so that does go to the immigrant's benefit when dealing with USCIS and at the interview. The down side is that you do need now to deal with these things through the help of friends and family.

What to do about unfinished business back home- is also something that needs to be considered after a couple decides to marry on a 'visit'. Is one able to manage their affairs back home from a distance sufficiently - which may mean children and pets and jobs and other responsibilities left behind for someone else now to look after, or do they decide to follow a CR-1 spousal visa, which means that the beneficiary returns home and completes the processing of the spousal visa through the US Consulate, allowing them time to prepare and finish up any outstanding business before leaving?

Edited January 13, 2012 by Kathryn41

[Mandy&PJ 0]

lmao - this is a very funny reply!

but on a serious note - of couse she has to go to her own interview!!

[KittyPollitt 284]

I'm sure he meant it serious.. but well..... I have to admit.. I laughed at this question and spit hot chocolate liberally laced with peppermint schnapps all over my keyboard