I130

[Cesar & Cata 35]

As I was reading the warning header in the guide for I130 for spouse in the US I wonder, A close friend of mine is in a really tight situation, it seems. I know that there are many who abuse the immigration system to avoid deportation, specially here in NYC. But what about thoses who really do fall in love under unexpected circumstances?

My friend offered his house to a friend , back from his home country, (I think they liked each other for sometime) she had already been in the US on a multi year tourist visa in 2011, stayed for 5 or 6 days. They had never dated or anything, her plan was to travel to see some family in FL and stay a couple of weeks in NYC. Well one thing led to the next and now they are deeply in love, 5 months after living together as a couple. Now they have decided they want to make it official, how would they proceed, I can see how USCIS could think that she travelled with the intent of marriage, but I can bear witness that is not the case (since I saw their relationship evolve).

Her visa expires in a couple of weeks, and they fear being in the same boat I am in, where my wife is living in Colombia and it sucks. My advice to them has been to stay together and find a solutions to her legal stay without parting because it is the hardest thing I have ever had to do. The way I see it, they should get married and file the I130 and I485 before her legal stay expires, however I would like to hear from some of our other more experiences VJ memebers, also what if her stay were to expire?

[Anh map 2,098]

The sooner they file and end up with a green card the sooner she can work, etc. The filing also protects her status and any overstay is forgiven when the GC is granted.

Kismet happens. They should get married and begin life together.

[Darnell 8,479]

if the male friend with the house in nyc is a uscitizen,

then they can take the adjustment of status path, today.

(Forget about the CR-1 path for now)

we've a guide for that - let me know if you can't find it?

Edited July 9, 2012 by Darnell

[Cesar & Cata 35]

if the male friend with the house in nyc is a uscitizen,

then they can take the adjustment of status path, today.

(Forget about the CR-1 path for now)

we've a guide for that - let me know if you can't find it?

I found the guide i mentioned in the first line of my initial post.

Can the I485 (change of status) be filed w/o first filing the I130, all they need is to be married? They still haven't married, so I am not sure if they will get to marry before her visa expires, also since she wasn't planning to get married or even stay past a few weeks, she only has her passport with the visa stamp. I am guessing before they can get married she needs birth cert's and stuff. Either way I think they already decided that she is not going back. He is a USC, and they have a real relationship, I will guide him to this site and hope his experience can help others.

[Penguin_ie 5,997]

**** Moving from CR-21 to AOS from Tourist visa, as that Is what OP's friend will need to do ****

They need to get married before they can file.

[Darnell 8,479]

Perhaps you not have the right guide?

The right guide contains 'file concurrently' in it.

not 'w/o'.

You're missing something basic, major.

Good Luck !

I found the guide i mentioned in the first line of my initial post.

Can the I485 (change of status) be filed w/o first filing the I130, all they need is to be married? They still haven't married, so I am not sure if they will get to marry before her visa expires, also since she wasn't planning to get married or even stay past a few weeks, she only has her passport with the visa stamp. I am guessing before they can get married she needs birth cert's and stuff. Either way I think they already decided that she is not going back. He is a USC, and they have a real relationship, I will guide him to this site and hope his experience can help others.