Me and My girlfriend

[reyric90 0]

Hi everybody! My name is Ricardo Romero and I will be getting married to my girlfriend pretty soon. I am a 22 year old male going to School. My girlfriend and i have been thinking about getting married for a while now, I am a U.S. Citizen since the age of 18. However my girlfriend has no papers she entered the country at the age of 11/12 legally with a valid visa from Mexico. Her passport expired a while back and her visa in which she entered with expired January of this year (2012). She has never comitted a crime and never been arrested. . So I have been thinking about adjusting her status so that We can pursue our dream of one day having a family and live happy. Where should i begin my journey? What forms should i fill out? Is it necessary for a lawyer? How long do I have to wait ubntil everything is set and done??

I appreciate to the fullest any help I can get in guidence to fulfill our dream.

[Tygrys 143]

She will be able to apply for adjustment of status based on the marriage to you, if you decide to get married.

Please read this guide: http://www.visajourn...page=i130guide2

Since you are in school, you will most likely need a co-sponsor to meet income requirements.

Edited May 30, 2012 by Tygrys

[milimelo 4,486]

Moving to AOS from tourist, student, work visa.

[HappyKnappy 30]

Hey Ricardo,

Your lady did come into the US legally, but, if there's anything pointing at you two love birds having the intent to marry when she entered the US, it may result in your process getting de-railed. This is because the law already has a process in place for fiancees and a similar one for spouses. Having said that, if you guys met and fell in love in the US (after she was already here), you can conclude that there was no intent to circumvent immigration laws, and can adjust status.

She came in on a tourist visa, so if that expired, she is out of status. Not legal, or illegal, straight up immigration limbo. If you guys marry, you could be eligible for Adjustment of Status (form i485), which you would need to file along with the petition for a relative (form i130). Feel free to surf the Adjustment of Status from Tourist (etc) Visas forum. You will get lots of info there.

Welcome, by the way.

[Harpa Timsah 13,258]

Hey Ricardo,

Your lady did come into the US legally, but, if there's anything pointing at you two love birds having the intent to marry when she entered the US, it may result in your process getting de-railed. This is because the law already has a process in place for fiancees and a similar one for spouses. Having said that, if you guys met and fell in love in the US (after she was already here), you can conclude that there was no intent to circumvent immigration laws, and can adjust status.

She came in on a tourist visa, so if that expired, she is out of status. Not legal, or illegal, straight up immigration limbo. If you guys marry, you could be eligible for Adjustment of Status (form i485), which you would need to file along with the petition for a relative (form i130). Feel free to surf the Adjustment of Status from Tourist (etc) Visas forum. You will get lots of info there.

Welcome, by the way.

You think she had intent to marry when she entered at age 11? Okay.

[grrrrreat 109]

Your lady did come into the US legally, but, if there's anything pointing at you two love birds having the intent to marry when she entered the US, it may result in your process getting de-railed.

OP says she entered as an 11/12-year-old...do you really think intent will be an issue?

[reyric90 0]

My Girlfriend did not have a an intend to marry when came into the US 12 years ago lol again she was only 11

[HappyKnappy 30]

I missed that part. My mistake.

Sorry, Ricardo. Ignore that part of the response.

[reyric90 0]

Its okay thanks!!

I appreciate the comments

God Bless you

[jdh 103]

Wouldn't matter much anyway...the intent issue is minimal at best so disregard all that.

Yeah, if you do get married you can file as has been said for an adjustment of status using the I-485 and I-130 being filed concurrently along with some other forms and evidences of your marriage etc.

Good luck!

[Xanax 349]

If you are married and AOS- intent is forgiven away

[Harpa Timsah 13,258]

If you are married and AOS- intent is forgiven away

That is not true. Please stop spreading this around. It is NOT forgiven. You are confused and comparing apples to oranges.

Edited May 31, 2012 by Harpa Timsah

[Xanax 349]

It is true,intent is forgiven, intent alone is NOT enough to deny! I have been discussing the on VJ for a while on VJ and it is continually repeated on this site now; in the US I have consulted a very comptetent immigration attorney as well and they reitterated my ( and other VJ members) sentiments, I can provide you with contact information if you wish.

Please explain what I am confusing? What is the preverbial orange and what is the apple?

Edited May 31, 2012 by BrittandDan

[grrrrreat 109]

It is true,intent is forgiven, intent alone is NOT enough to deny! I have been discussing the on VJ for a while on VJ and it is continually repeated on this site now; in the US I have consulted a very comptetent immigration attorney as well and they reitterated my ( and other VJ members) sentiments, I can provide you with contact information if you wish.

Please explain what I am confusing? What is the preverbial orange and what is the apple?

You're confusing two different issues. "Intent is forgiven" is incorrect and incomplete. Intent by itself does not disqualify someone from adjusting status, but immigration fraud does. Using a non-immigrant visa with the intent to stay in the U.S. often is considered fraud. In addition, because the law imposes a duty on non-immigrants to convince immigration officials that they do not intend to stay, entering the U.S. with intent to stay often involves fraud in the form of misrepresentation, whether while applying for the non-immigrant visa or at the border.

Edited May 31, 2012 by grrrrreat

[Xanax 349]

As you can see from my response, I agree with you almost entirely, we arent even saying different things if you read my response!

The attorney I spoke with and also a very competent VJ member informed me at interview they cannot question intent at interview either!

I guess the OP can tell us after their interview

I wish the OP the very best!

Edit: possible my wording was not the best, but it really is arguing for arguements sake and that is just silly in my opinion.

Edited May 31, 2012 by BrittandDan