She is HERE and i need help!

[Dan & Jenni 457]

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

aaaaaaaaaaaaaaaandddddddddd nooooooooooooooooooooooooooow aaaaaaaaaaaaaaaaaaaaaaaaaaaaalllllllllllllllllllll yooooooooooooooooooooooooooouuuuuuuuuurrrrrrrrrrrrrrrrr keeeeeeeeeeeeeeeyyyyyyyyyyyyyyyys aaaaaaaaaaaaaaaaaaaaaaaareeeeeeeeeeeeee stttttttttttttttticcccccckkkkkkkkkkkkkkkinggggggggggggggggg?????????????

Edited January 13, 2012 by Dan & Jenni

[Darnell 8,478]

I'd like to echo Bob for the moment.

[Canadian in GA 34]

haha relax guys! I posted the reply, and went to delete it, and my computer froze. everyone is so up tight on here, relax!

[Kathryn41 3,205]

post containing inappropriate comment has been removed

[matte5299 2]

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?

Thanks and you have been very helpful and everyone else here too. I have done reading and well as i can i understand the processes.

From what i understand it will be cheaper and somewhat easier to get married at the justice of peace here and get the CR-1.

And she WILL be able to visit on a CR-1, as well as a fiance visa?????? She does unfortunately after some talks have to go home and finish school. boo. The cost difference is like 1300 from what i understand. And if she returns to Mexico then my only options are CR-1 and k-1 correct?

[Kathryn41 3,205]

Thanks and you have been very helpful and everyone else here too. I have done reading and well as i can i understand the processes.

From what i understand it will be cheaper and somewhat easier to get married at the justice of peace here and get the CR-1.

And she WILL be able to visit on a CR-1, as well as a fiance visa?????? She does unfortunately after some talks have to go home and finish school. boo. The cost difference is like 1300 from what i understand. And if she returns to Mexico then my only options are CR-1 and k-1 correct?

Yes, actually, you have identified another benefit of the CR-1 process - it is cheaper than the K-1 process. It sounds like this is a viable option for you. Yes, she is allowed to visit while waiting for a CR-1 visa to be processed, but while she is allowed to visit it will still be up to the border authority each and every time she tries to enter the US whether to allow her to enter or not. She needs to be prepared on each and every request to visit to reassure the border guard that she has no intention on remaining in the US on this visit, by providing evidence of her ties to Mexico. It will be her job to reassure them that she is 'safe' to enter the country because she will be leaving the country at the end of her visit. She will need to provide documentary evidence that shows her ties to Mexico and that she needs to return to Mexico rather than staying in the US. Having a return air ticket if she is flying is good. Bringing proof of her attendance at school is very good. She can come prepared with copies of her enrollment, her course schedule showing how long she has before she has to return to class and making sure her ticket and the schedule match. Other evidence since as ongoing bills she still pays, any contracts she has such as a lease or mortgage, pre-paid traveller's health insurance coverage for the time she is in the US only, all these are useful. Also, when you start the immigration paperwork, she should plan on carrying a file with copies of all the documents for the CR-1 visa in it, especially the NOA receipts or notifications. This will show USCIS that not only is she aware of the proper process, she is following it and you two have already started the paperwork and invested money in the process. That offers its own level of reassurance. There are no guarantees they will let her enter - there never are - but she is certainly stacking the deck in her favour by preparing like this.

Yes, CR-1 and K-1 are her only options to return to the US if your plans are to live together as a married couple in the US. If she qualifies she may be eligible for a student visa or perhaps an employment based visa, but they also have their own hoops to jump through and won't necessarily allow her to remain in the US with you after their termination.

Good luck.

Edited January 16, 2012 by Kathryn41

[Julie y Pat 67]

CR-1 has only one AOS, and K-1 has two AOS's

[matte5299 2]

Yes, actually, you have identified another benefit of the CR-1 process - it is cheaper than the K-1 process. It sounds like this is a viable option for you. Yes, she is allowed to visit while waiting for a CR-1 visa to be processed, but while she is allowed to visit it will still be up to the border authority each and every time she tries to enter the US whether to allow her to enter or not. She needs to be prepared on each and every request to visit to reassure the border guard that she has no intention on remaining in the US on this visit, by providing evidence of her ties to Mexico. It will be her job to reassure them that she is 'safe' to enter the country because she will be leaving the country at the end of her visit. She will need to provide documentary evidence that shows her ties to Mexico and that she needs to return to Mexico rather than staying in the US. Having a return air ticket if she is flying is good. Bringing proof of her attendance at school is very good. She can come prepared with copies of her enrollment, her course schedule showing how long she has before she has to return to class and making sure her ticket and the schedule match. Other evidence since as ongoing bills she still pays, any contracts she has such as a lease or mortgage, pre-paid traveller's health insurance coverage for the time she is in the US only, all these are useful. Also, when you start the immigration paperwork, she should plan on carrying a file with copies of all the documents for the CR-1 visa in it, especially the NOA receipts or notifications. This will show USCIS that not only is she aware of the proper process, she is following it and you two have already started the paperwork and invested money in the process. That offers its own level of reassurance. There are no guarantees they will let her enter - there never are - but she is certainly stacking the deck in her favour by preparing like this.

Yes, CR-1 and K-1 are her only options to return to the US if your plans are to live together as a married couple in the US. If she qualifies she may be eligible for a student visa or perhaps an employment based visa, but they also have their own hoops to jump through and won't necessarily allow her to remain in the US with you after their termination.

Good luck.

Ok, i think we decided to get married here in Michigan and to a CR-1. She is here on a tourist visa, she did not intend to marry me during this visit. Is there any foreseeable problems with this action? Her visa expires in February and as i understand as long as she returns in time there should be no problems????? Thanks you sincerely for your help.

[GringoD 33]

haha relax guys! I posted the reply, and went to delete it, and my computer froze. everyone is so up tight on here, relax!

Yes! They are.

[Deputy Purple 1,294]

CR-1 has only one AOS, and K-1 has two AOS's

If you're comparing Apples to oranges you're still wrong:

First, understand that CR-1 Process has only one Affidavit of Support (AOS) as in Form I-684 and no Adjustment of Status (AOS) as in Form I-485.

Next Undertsand that during the K-1 Process you will have: one Affidavit of Support (AOS) at the Embassy, usually Form I-134, and then after POE and Marriage there is the Adjustment of Status (AOS) as in Form I-485 which requires an Affidavit of Support (AOS) as in Form I-684!

So if you're comparing Apples to Kiwis then CR-1 has one AOS while K-1 has three AOS.

But if you want to compare only apples then:

CR-1 has 1 AoS (Affidavit of Support) versus K-1 having 2

and

CR-1 has no need to AOS (Adjustment of Status) whereas K-1 entrants will need to.

Ok, i think we decided to get married here in Michigan and to a CR-1. She is here on a tourist visa, she did not intend to marry me during this visit. Is there any foreseeable problems with this action? Her visa expires in February and as i understand as long as she returns in time there should be no problems????? Thanks you sincerely for your help.

You shouldn't expect to encounter any problems with the plan as long as the paperwork is in order. Get her G-325a completed and signed now so you don't have to deal with delays in her send it to you after she returns.

If you have all of the documents required for the I-130 filing you can send the petition off before she heads back home.

[matte5299 2]

If you're comparing Apples to oranges you're still wrong:

First, understand that CR-1 Process has only one Affidavit of Support (AOS) as in Form I-684 and no Adjustment of Status (AOS) as in Form I-485.

Next Undertsand that during the K-1 Process you will have: one Affidavit of Support (AOS) at the Embassy, usually Form I-134, and then after POE and Marriage there is the Adjustment of Status (AOS) as in Form I-485 which requires an Affidavit of Support (AOS) as in Form I-684!

So if you're comparing Apples to Kiwis then CR-1 has one AOS while K-1 has three AOS.

But if you want to compare only apples then:

CR-1 has 1 AoS (Affidavit of Support) versus K-1 having 2

and

CR-1 has no need to AOS (Adjustment of Status) whereas K-1 entrants will need to.

You shouldn't expect to encounter any problems with the plan as long as the paperwork is in order. Get her G-325a completed and signed now so you don't have to deal with delays in her send it to you after she returns.

If you have all of the documents required for the I-130 filing you can send the petition off before she heads back home.

She went back to Mexico and before she returned we got married. I am starting the filing the i-130 after i get all the info i need for it. Is it ok to just use affidavits and pictures, Who should i have do an affidavit (i saw the example, but, what should be said?)? and we rarely talked on the telephone but we always talk via Skype and Windows messenger, so there are scarce records of phone communication. What else should i use as evidence?

[GringoD 33]

My fiance is here with me and she wants to stay until we get married, but i know that she has to go back to mexico to go to the interview. I there any way that she can have someone go to it for her or does she have to be there or what?

Mexico? Damn! The administrations like illegales better anyway!

I keep telling my colombianita to start walking along the beach and I'll meet her half way ;-)

aaaaaaaaaaaaaaaandddddddddd nooooooooooooooooooooooooooow aaaaaaaaaaaaaaaaaaaaaaaaaaaaalllllllllllllllllllll yooooooooooooooooooooooooooouuuuuuuuuurrrrrrrrrrrrrrrrr keeeeeeeeeeeeeeeyyyyyyyyyyyyyyyys aaaaaaaaaaaaaaaaaaaaaaaareeeeeeeeeeeeee stttttttttttttttticcccccckkkkkkkkkkkkkkkinggggggggggggggggg?????????????

Hey, Dan.... can you clarify?? ? ? ?

[matte5299 2]

Yes, actually, you have identified another benefit of the CR-1 process - it is cheaper than the K-1 process. It sounds like this is a viable option for you. Yes, she is allowed to visit while waiting for a CR-1 visa to be processed, but while she is allowed to visit it will still be up to the border authority each and every time she tries to enter the US whether to allow her to enter or not. She needs to be prepared on each and every request to visit to reassure the border guard that she has no intention on remaining in the US on this visit, by providing evidence of her ties to Mexico. It will be her job to reassure them that she is 'safe' to enter the country because she will be leaving the country at the end of her visit. She will need to provide documentary evidence that shows her ties to Mexico and that she needs to return to Mexico rather than staying in the US. Having a return air ticket if she is flying is good. Bringing proof of her attendance at school is very good. She can come prepared with copies of her enrollment, her course schedule showing how long she has before she has to return to class and making sure her ticket and the schedule match. Other evidence since as ongoing bills she still pays, any contracts she has such as a lease or mortgage, pre-paid traveller's health insurance coverage for the time she is in the US only, all these are useful. Also, when you start the immigration paperwork, she should plan on carrying a file with copies of all the documents for the CR-1 visa in it, especially the NOA receipts or notifications. This will show USCIS that not only is she aware of the proper process, she is following it and you two have already started the paperwork and invested money in the process. That offers its own level of reassurance. There are no guarantees they will let her enter - there never are - but she is certainly stacking the deck in her favour by preparing like this.

Yes, CR-1 and K-1 are her only options to return to the US if your plans are to live together as a married couple in the US. If she qualifies she may be eligible for a student visa or perhaps an employment based visa, but they also have their own hoops to jump through and won't necessarily allow her to remain in the US with you after their termination.

Good luck.

She went back to Mexico and before she returned we got married. I am starting the filing the i-130 after i get all the info i need for it. Is it ok to just use affidavits and pictures? Who should i have do an affidavit? (i saw the example, but, what should be said?)? and we rarely talked on the telephone but we always talk via Skype and Windows messenger, so there are scarce records of phone communication. What else should i use as evidence? Plane ticket flights from her past flights here and me to there?