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Filed: Citizen (apr) Country: Slovakia
Timeline
Posted

Hi my name is John I'm 27. I met my girlfriend when I was in Europe for a year. I've returned back to U.S after which she applied for tourist visa and came to see me.

She stayed for six months then she returned back to her home country. She came to see me again after three months of being outside of U.S.

She stayed for about four weeks this time and returned back home. I went to see her and stayed again in Europe for about two months.

Now She is planing on coming back to see me again and I would like to surprise her and ask her to marry me. I want her to be able to stay with me legally and apply for adjustment of status.

What is the best course of action for us to accomplish this so we can stay together without her having to leave again.

Thank You.

Filed: Citizen (apr) Country: Slovakia
Timeline
Posted

Hi my name is John I'm 27 and I am U.S Citizen. I met my girlfriend when I was in Europe for a year. I've returned back to U.S after which she applied for tourist visa and came to see me.

She stayed for six months then she returned back to her home country. She came to see me again after three months of being outside of U.S.

She stayed for about four weeks this time and returned back home. I went to see her and stayed again in Europe for about two months.

Now She is planing on coming back to see me again and I would like to surprise her and ask her to marry me. I want her to be able to stay with me legally and apply for adjustment of status.

What is the best course of action for us to accomplish this so we can stay together without her having to leave again.

Thank You.

Filed: K-1 Visa Country: Wales
Timeline
Posted

K1

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (apr) Country: Philippines
Timeline
Posted

If I'm reading this post correctly. The future bride is on Tourist Status for each visit. The OP is asking: Get Married and stay in the US. The K-1 will require the beneficiary to return home and go through the process. The intention is to marry on that Visa of a tourist. That, I can't answer but there are Members here who can. (That maybe a Hard-Sell to USCIS..... it's a surprize...)

I call that risky. but I have heard of it being done.

A Tourist Visa is just what it is intended to be. It's not a Voucher or shortcut to permanent residency and get married on that Visa.

I suggest: Do it right and do the K-1 but again: I have heard of this being done but don't CONDON it because "There is a Plan". Which may constitute Fraud. Intentional Fraud.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Filed: Timeline
Posted

Well, in theory, if you surprise her (i.e. she has no idea), then she has no immigrant intent upon entering the U.S., and she should be okay to adjust status here. However, especially for cases like this where people enter on a tourist visa and get married, they may be suspicious during AOS about the intent and whether she lied to the border officer.

Posted

As long as she has no idea you are planning this, she enters the US totally without immigrant intent. Your intent is not the issue. You never know, she may prefer doing a K-1 or CR-1 anyway, because she will have stuff she needs to wrap up back home.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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