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Filed: Country: Russia
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Posted

I will keep it simple..I am an american citizen that has fallen in love with a russian that is in the U.S. on a visitor Visa(B2, I believe).What is the process to be married and change their immigration status? I guess its a chicken/ egg question. We would prefer that they not have to return to russia first(at all) Is this posible? Is I-130 the best route and what are! the qualifications? Thank you for your kind attention

Posted

My understanding is if your fiance is in the US on a legal visa and did not enter the us with the intent to get married and immigrate, then you can get married here and adjust status.

I'm sure others will be along with more advice :yes:

oh and congratulations (F)

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24 March 2009 I-751 received by USCIS

27 March 2009 Check Cashed

30 March 2009 NOA received

8 April 2009 Biometric notice arrived by mail

24 April 2009 Biometrics scheduled

26 April 2009 Touched

...once again waiting

1 September 2009 (just over 5 months) Approved and card production ordered.

Posted

the previous poster is correct. as long as your fiance did not enter the US with the intent to marry, and as long as your fiance continues to possess a valid unexpired visa, then you are free to marry and file for adjustment of status.

you'll find lots of helpful information about AOS in the "guides" section of this website.

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Click here to view our webpage!

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Apply to remove conditions August 13, 2008!

Click here for our complete Immigration Timeline

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"Be kinder than necessary, for everyone you meet is fighting some kind of battle."--Author Unknown

Posted

The above posters are correct, and specifically, this is the guide you need to read:

How to File an I-130 for a Spouse Inside the US

That's the route we took, my husband was here on an exchange worker (J-1) visa when we got engaged and then married. You may be asked to prove that the non-USC did not intend to get married and stay when he entered the US.

Bethany (NJ, USA) & Gareth (Scotland, UK)

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01 Nov 2007: N-400 FedEx'd to TSC

05 Nov 2007: NOA-1 Date

28 Dec 2007: Check cashed

05 Jan 2008: NOA-1 Received

02 Feb 2008: Biometrics notice received

23 Feb 2008: Biometrics at Albuquerque ASC

12 Jun 2008: Interview letter received

12 Aug 2008: Interview at Albuquerque DO--PASSED!

15 Aug 2008: Oath Ceremony

-----------------------------------------------

Any information, opinions, etc., given by me are based entirely on personal experience, observations, research common sense, and an insanely accurate memory; and are not in any way meant to constitute (1) legal advice nor (2) the official policies/advice of my employer.

Posted (edited)

lakenwoods

As your fiance was inspected/granted entry on a valid visa she can apply to adjust status through marriage to a USC. The link sparkofcreation posted is what you need to read.

On a side note: The onus is never on whether one had intentions to marry when they entered the US, but on whether one had immigrant intent.

Edited by aussiewench

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

 
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