I129f denied:(

[CaroSL 68]

I see okay.In my point of view and also from all the data I found about your case.It is possible to have more trouble if you marry her in the USA before applying another visa application because she entered in the USA using the tourist visa while you are waiting for the result.So I think just to be safe and avoid more time delays it's best to Marry her in her country and then apply for a Cr-1..I hope everything goes well with your next attempt.

Have a nice day:)

Where they marry will have no influence at all on the CR1 process. His question is not where he should marry her but if they should file for AOS directly or file for CR1.

An attorney's opinion would actually be good in this case. Because the I-129F petition shows that she had an intention to immigrate, even though when she entered the country she didn't plan to marry and stay. This is a tricky situation.

OP, if you file for AOS, we will most certainly get an interview, and that could be tricky on this particular point. An attorney could help you be prepared.

[joshandgigi 8]

Follow your heart and do what you feel is right. if you feel she should go home send her home if you feel you should try k1 agian try the k1 if you marry and adjust marry and adjust. Thing is just be honest when you send in paperwork and be truthful.

You diddnt intend to get married while she was here. Your heart broke when you were denied and you ran off on a whim to get married. I dont see the issue, Like I said be honest.

Joshua

[Formula1 5]

It is more than clear than he did not come to the US to marry because you both wanted to do the K1 process. Marry and that's it. In 3-4 months she will have the green card for 2 years.

[olsan3 8]

I kno 3 people that came on tourist visa's found love, married & filed for AOS... Its not uncommon! They r living here happy n had no issues so Marry her now! Dont leave to her country n waist money on another petition thats silly!! Get married n file AOS..... Obviously there has always been intent to Marry but it wasnt wen she entered so u can prove it was an intent after K1 was approved but instead it was denied so u married ur love.. U can use her date of entry along with date of denial to prove u had no intentions of marrying wen she entered the US on her visitor visa! Good luck God is with u!

I agree.. marry her and ensure good documentation.. marriage date past 60 days of entering even better

There is no reason you can't marry while she is here - You can marry and file for a spousal visa - just make sure she goes back to her country under the tourist visa within the applicable time and does not get an overstay. You don't have to wait until you can travel to her country to marry. Where it might look suspicious is if you file an adjustment of status and have her stay until its processed - But no need to delay any longer - if you want to get married, get married -

I think the first steps would be to call your senator and have them make some inquiries on your behalf - What did you send as proof of having seen each other in person?

I agree with these posts. Circumstances changed so you adjust to fit into the loophole.

Marry her here and file NOW!.. with luck,she will have her green card by december

Goodluck!

what country is she from?

Edited July 10, 2013 by olsan3

[julitathomas0810 30]

I married my first wife in the USA (Filipina) and she overstayed her tourist visa by 10 years . We married and filed I-30 and we were approved . Interview lasted 3 minutes in Newark NJ and passed . I thought it would be an issue , but it never came up at the interview . I was not as involved then as I am now with my I129F . This was back in 2009 , so not sure of the rules now . I would say for you to marry her . However your best advice would to follow the more experienced members here on VJ .

[GaryBig 6]

Thank you so much everyone!

You really gave me hope!

So, I think we will wait for the hard copy of our denial letter and then...

I guess, I'll just marry her!

Thank you all once again, you're great !

[san diego 407]

You can AOS. However, 2 very important questions:

1) Did she receive B2 BEFORE you applied for I129F

2) If she received B2 after, what did she answer for question "if she has anyone in US"

If she received B2 After I129 filing AND she lied on B2 application by saying she does not have anyone in US YOU will have a big problem. If not, you are fine.

[GaryBig 6]

You can AOS. However, 2 very important questions:

1) Did she receive B2 BEFORE you applied for I129F

2) If she received B2 after, what did she answer for question "if she has anyone in US"

If she received B2 After I129 filing AND she lied on B2 application by saying she does not have anyone in US YOU will have a big problem. If not, you are fine.

Thank you for your questions!

She received her B2 long before we filed the petition, and even before we met:)

So I guess it's ok?

[christeen 966]

Thank you for your questions!

She received her B2 long before we filed the petition, and even before we met:)

So I guess it's ok?

IMO, Your good to go... Circumstances change and you are going a different direction based on these new circumstances... Wait till you get the k1 denial, you can marry and file AOS... Good luck on your journey

[san diego 407]

Thank you for your questions!

She received her B2 long before we filed the petition, and even before we met:)

So I guess it's ok?

Yes, in this case you are fine.

[Tobydale 2]

If you don't mind me asking, what proof did you provide in your packet to show you have seen each other in the last 2 years?

Our petition was denied.
Apparently we couldn't prove that we has seen each other in past 2 years. Although we were living together in her country for half a year.

We got our denial decision while my fiancée is here in the us on her b2 tourist visa.
So my question is- can I marry her right now and here and file for an adjustment of status?

Thank you guys for help.
I'm so disappointed and sick and tired of it.

[GaryBig 6]

If you don't mind me asking, what proof did you provide in your packet to show you have seen each other in the last 2 years?

Of course, if you don't mind, I will quote myself

Of course, if you don't mind, I will quote myself

Thank you all for your support!

As for RFE , they asked about prove that we met each other during past 2 years.

When filing, I sent them copy of my work contract in her home country , train tickets from her home country for both of us, photos of us together and that's all.

In RFE they asked about passport stamps, boarding passes, itineraries to prove that I actually been there.

The problem is - when I entered her country I never kept any boarding passes, simply because I didn't know I would fall in love with someone and file for K1:)

So I sent them some itineraries that I had.

As for passport stamp- there was another problem.

I was born in her home country and still have their passport along with American one.

So when entering her home country, I used not an American passport.

So there was no passport and visa stamps.

Of course I sent copy of both passports, explaining the stamps in both, but I guess they just didn't get it.

Also we sent more pictures, letter from my father and boarding passes from our trip to Europe (but unfortunately it happened after we filed the petition).

So now I am choosing between marrying her right now and here and aos , and marrying her and file for cr1......

[Lottry 14]

marry her righ away would be good idea!!!

[Tobydale 2]

That sux. I say Marry now for sure. I only asked coz we are in the waiting process for our I-129F too. I was lucky enough to have multiple boarding passes and passport stamps. Always have that worry though.

Good luck

[Laura. 90]

Wow, I guess passport stamps and boarding passes really are the golden standards to proving meet ups. If you don't have either, good luck lol.

We didn't send a single passport stamp or boarding pass as fiance had been living in the UK for 10 or so years. I would have thought OP's situation would have been similar but I think we must have sent more evidence.