Please Help!!

[licia 0]

Hello Everyone,

I have a friend who is in need of guidance. please help!

His mom invited her God daughter for the holidays, the girl got the visa for 3 months but was extended to 6 months upon entry to the US. Now my friend and this girl (God sister) are going out and are now want to get married. but his mom is afraid that she might get in trouble if the girl doesn't got back since she is the one who invited to God-daughter. she is afraid that she might not be able to invite anyone else. so I guess our question is does anyone know weather they can actually get married and if they do, will it affect the mom?

P.S. My friend already filled for Fiance Visa for his Ex-fiance last year but did not complete the process because the fiance wasn't serious. so he withdrew the application. will this be a problem?

Please give us any advise/information anything helpful

Thank you all in advance

[EndlessStory 53]

Hello Everyone,

I have a friend who is in need of guidance. please help!

His mom invited her God daughter for the holidays, the girl got the visa for 3 months but was extended to 6 months upon entry to the US. Now my friend and this girl (God sister) are going out and are now want to get married. but his mom is afraid that she might get in trouble if the girl doesn't got back since she is the one who invited to God-daughter. she is afraid that she might not be able to invite anyone else. so I guess our question is does anyone know weather they can actually get married and if they do, will it affect the mom?

P.S. My friend already filled for Fiance Visa for his Ex-fiance last year but did not complete the process because the fiance wasn't serious. so he withdrew the application. will this be a problem?

Please give us any advise/information anything helpful

Thank you all in advance

His godmother will not face issue as that is only invitation. That invitation does not decide whether she gets the visa or not. It's the tie she show stating that she will return but she herself will get into problem if she gets married and does not return to her home country. She can adjust status here but might be denied. If she gets deny then she will be out of status, lead to 10 years banned/permanent banned or whatever that applies to her overstaying.

Other option is, if she gets married, she can return to her home country and have her husband file for CR-1 visa. The proper correct route of this process.

Good luck with their application and congrats on the wedding

[Penguin_ie 5,997]

**** Moving from K1 fiance visa to AOS from Tourist visa forum *****

Your friend's mom shouldn't have any major issues.

However, your friend having petitioned another woman only last year, and now marrying this lady, together with a short courtship, will be a red flag. What is the rush?

[Gary and Alla 3,694]

Hello Everyone,

I have a friend who is in need of guidance. please help!

His mom invited her God daughter for the holidays, the girl got the visa for 3 months but was extended to 6 months upon entry to the US. Now my friend and this girl (God sister) are going out and are now want to get married. but his mom is afraid that she might get in trouble if the girl doesn't got back since she is the one who invited to God-daughter. she is afraid that she might not be able to invite anyone else. so I guess our question is does anyone know weather they can actually get married and if they do, will it affect the mom?

P.S. My friend already filled for Fiance Visa for his Ex-fiance last year but did not complete the process because the fiance wasn't serious. so he withdrew the application. will this be a problem?

Please give us any advise/information anything helpful

Thank you all in advance

Hello Licia!

Since your friends girlfriend did not enter with the intent to marry AND adjust status, they can get married and file an I-130 AND and I -485 (pay both fees) and adjust status, They may have an interview and be asked some questions but nothing else will happen. His previous Fiancee petition should not affect anything BUT he should be prepared to answer questions about this in the green card interview. She will need to have her vaccinations current and an I-693 form completed by a civil surgeon AND pay the new $165 immigrant visa fee, It would be best to include all this in the package but if they do not they will get an RFE for it.

His mother will receive no trouble. There actually is NO invitation needed. Some people write one but it makes ni difference, it is not required for a tourist visa. No trouble for her.

It is important that she did NOT enter the United States with the INTENT to do this and lie about her reason for being here. If she , OOPs, fell in love while visiting, it is perfectly OK.

If they did this to avoid the K-1 process, it is visa fraud,

Gary

**** Moving from K1 fiance visa to AOS from Tourist visa forum *****

Your friend's mom shouldn't have any major issues.

However, your friend having petitioned another woman only last year, and now marrying this lady, together with a short courtship, will be a red flag. What is the rush?

He needs to be prepared to answer those questions, true.

[Gary and Alla 3,694]

His godmother will not face issue as that is only invitation. That invitation does not decide whether she gets the visa or not. It's the tie she show stating that she will return but she herself will get into problem if she gets married and does not return to her home country. She can adjust status here but might be denied. If she gets deny then she will be out of status, lead to 10 years banned/permanent banned or whatever that applies to her overstaying.

Other option is, if she gets married, she can return to her home country and have her husband file for CR-1 visa. The proper correct route of this process.

Good luck with their application and congrats on the wedding

Not likely she will be denied if the circumstances are as described BUT it would be best if they do this (get married and file the papers) before she has an overstay condition. Try to get it done before her I-94 expires. This way if it is delayed a year or so and she DOES get denied she will not receive a ban.

She should also NOT leave the United States for ANY reason until she has her green card IN HAND, If she does, she will no tbe readmitted and would need to wait until a visa was issued. Of course she is not eligible for an EAD or AP.

This CAN be done under these circumstances but it is not the easiest or best route, they may think it is, but it is not, Hopefully she will not have an urgent need to return to her home country until she has her green card.

Bonne Chance!