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Filed: K-1 Visa Country: Jamaica
Timeline
Posted

Hi Everyone,

So I have a friend that lives in the U.S , she just filed for her citizenship. Her boyfriend lives in Jamaica and he has a ten year visitor visa. They want to get married, he is coming up here in January. The question is what would be the right move. Should he marry her and stay in the U.S or marry her then go back home ? If he marries her then leave , would he still be able to travel back here while they put in the paperworks. Thanks

Filed: K-1 Visa Country: Mexico
Timeline
Posted

Hi Everyone,

So I have a friend that lives in the U.S , she just filed for her citizenship. Her boyfriend lives in Jamaica and he has a ten year visitor visa. They want to get married, he is coming up here in January. The question is what would be the right move. Should he marry her and stay in the U.S or marry her then go back home ? If he marries her then leave , would he still be able to travel back here while they put in the paperworks. Thanks

coming to the US with a vistor's visa with the intention to marry and adjust status is fraud.

yes, he would be able to visit while his papers are in process although the discretion is up to the officer at the Point of Entry. If he has a history of going and coming back to the US frequently he is less likely to be denied entry while his application is in USCIS purgatory.

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

Filed: Country: Jamaica
Timeline
Posted

They can marry while he is here on visitors visa, but he will have to return to JA. He will still be able to visit. If he comes to get married as the sole purpose for his visit and remain in the US is what they mean by immigration fraud.

Phase I - IV - Completed the Immigration Journey 

 

 

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted
Moved from IR-1/CR-1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: AOS (apr) Country: Jamaica
Timeline
Posted

A citizen of the US can marry a non resident in the US and file the necessary application for their spouse to remain in the US permanently without them leaving. The process is called adjustment of status (AOS).

 

AOS mailed 10/23/17, delivered 10/25/17, check cashed 11/2/17

text/email notification 11/3/17,  recvd NOAs 11/7/17

priority date      10/26/17

NOA date           11/1/17

Bio notice          11/17/17

Bio date             11/27/17

EAD Approve    02/28/18

Filed I 131        03/05/18

Recvd EAD      03/08/18

Interview Letter recvd  8/4/18   Interview date  9/12/18

Interview Approved 9/12/18

Filed: K-1 Visa Country: Mexico
Timeline
Posted

A citizen of the US can marry a non resident in the US and file the necessary application for their spouse to remain in the US permanently without them leaving. The process is called adjustment of status (AOS).

it is also called fraud.

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

Filed: Country: Jamaica
Timeline
Posted

A citizen of the US can marry a non resident in the US and file the necessary application for their spouse to remain in the US permanently without them leaving. The process is called adjustment of status (AOS).

Only if they already have a current legal status, what they are saying is immigration fraud.

Phase I - IV - Completed the Immigration Journey 

 

 

Filed: Timeline
Posted

it is also called fraud.

You can call it whatever want. The USCIS does allow it and the procedure is outlined on this site, if a non-immigrant finds oneself married to US citizen while in the US. However, to encourage anyone to do so with a specific intent before they marry would violate the TOS of this site.

Filed: Timeline
Posted

Only if they already have a current legal status, what they are saying is immigration fraud.

Don't even need a legal status, only that they entered the US lawfully, with certain exceptions (fiancee visa holders may only adjust with the person they submitted a letter of intent to marry).

Posted

Lets not push the TOS okay? It is immigration fraud to lie to the CBP to use a non-immigrant visa (aka, visitor, work, student visa) to gain access to the USA to marry and adjust your status. Because visiting is allowed during the CR1 or K1 process, those would be current legal routes for the OP's friend's boyfriend to take. Should matters spontaneously change when he is in the USA, they may pursue other paths that are available to them. However there are pros and cons to each route chosen and that should be discussed between the couple.

I suggest the OP direct her friend to the comparison guide here on VJ.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

~~Given the current circumstances as laid out by the OP, there will be no further discussion of Adjustment of Status in this thread per the below quoted provision of the TOS. Any additional post disregarding this post will result in Administrative Action.~~


By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

**Five derailing posts removed; either answer the OP's question about the proper visa process to pursue or do not post.**

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

 
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