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she is a tourist in US and would like to get married there. would she be allowed to have AOS right away??or she will apply for a k3 visa instead?she's confused...pls help

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Filed: AOS (apr) Country: New Zealand
Timeline

It would be very hard to say yeah sure not a problem... but without the facts of the case it is very difficult...

tell your friend to at least have a chat with an immigration attorney.

she can adjust her status but depending on the circumstances of her relationship it could incur problems.

a K3 is the safe route but will entail time apart.

Without information about your friends relationship history it is very difficult for us to give any advise.

I 130 & I129F (K3) and AOS info in timeline

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Filed: AOS (pnd) Country: Brazil
Timeline

Follow kimandjames' advice!

I married on a tourist visa, but I had a solid 4 year old relationship with my husband prior to our wedding. And that's exactly what they will be looking for: evidence of a true relationship, as well as hints of fraud. I came just to visit, not intending to get married.

Hope your friend suceeds in finding an answer.

Best,

Vanessa

My story:

09/23/2002 - Met Chris online, there was something very special about this guy =0)

07/16/2006 - We got married in Reno, Nevada.

USCIS:

08/13/2006 - Filed for AOS, AP, EAD - they were VERY carefully packaged with a detailed cover sheet on top of each of the forms, just as VJ's instructions recommend. It was A LOT of work, but it did pay off! (we firmly believe this is what sped up our process big time)

08/31/2006 - Biometrics appointment

09/09/2006 - Received my AOS appointment date!

10/26/2006 - EAD touched and AP APPROVED!

10/27/2006 - AOS appointment at 7:30 AM! APPROVED IN EXACTLY 70 DAYS!!!

11/01/2006 - EAD approved

11/02/2006 - Email notification - greencard will be mailed as soon as it is ready! YAY again!

11/02/2006 - Welcome to the United States of America letter in the mail! Almost there! =)

11/06/2006 - EAD card and White card (a.k.a. greencard) arrive in the mail!

Journey Total Duration: 80 days

Filed for removal of conditions on 07-28-2008 and had them removed on 09-10-2008

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Filed: Timeline

the length of the relationship has nothing to do with it..... it is all based on what her intentions were when she entered the US..... if she came with the intention of getting married and remaining then that is visa fraud..... if she came with the intention of having a vacation and them returning to her own country but got married on the spur of the moment then it would not be visa fraud...

She should have an meeting with an immigration lawyer just to go over the facts and make sure she is not doing something that could cause problems later.... if there are no other issues and she is happy filling out forms then the proccess to adjust status is not that hard and can be done without a lawyer....

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Filed: Other Timeline

and if she is happy being stuck in the US for the duration of the AOS processing, nothing back home that needs clearing up, no sick parents to take care of etc etc...

Plus, as I understand it, adjusting from a tourist visa if you are denied there is no appeal.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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