My GF here on tourist visa...

[Ksenia1985 37]

You don't have to leave for the medical.

Well interview at the embassy is in Russia either way.

[PeruvyandGringa 25]

She came here on tourist Visa to visit and see if she likes Colorado and could possibly study law here. She is a Lawyer in Colombia. Well, we have had a blast the last 3 weeks she has been here and we do not want to separate. We decided to get engaged. She was asked because of her return flight being so far away if she had the money to be able to stay here...

Not sure how much she earns in Colombia and how much she has saved, but law school here in the US is typically expensive, maybe she might want to go back to Colombia and work a little more while the K-1 process is completed. If she does have a lot of money saved and a means to get through law school already, then she can stay here and adjust status.

[Boiler 45,527]

Stay and adjust unless you have a good reason not to

[dhlunar 25]

Since your GF arrived her with the intent to be a tourist and decided later to get married, if you got married while she is her in the US you could file for Adjustment of Status (I-130/I-485) and have her wait here while the application is pending. I-130 is Petition for Alien Relative - you are petitioning for your wife to be eligible for permanent resident status. I-485 is the Application to Register Permanent Resident or Adjust Status - basically a long form that needs to be filed out by people who are currently present in the US and are able to apply to become Permanent Residents. You would file both forms at the same time. She can also file an I-131 (Advance Parole - Permission needed to leave the US while I-485 is pending) and I-765 (Employment Authorization - Permission to work while I-485 is pending) at no extra charge. However, Advance Parole and Employment Authorization is only granted once the I-131 and/or I-765 are approved. Once the I-485 is accepted by USCIS (she receives a receipt) then she is allowed to stay as long as it takes to process the I-485, even if it means it is longer then the authorized until date issued by CBP on entry.

Don't know how long it currently takes to adjust status. When my wife adjusted her status back in 2009/2010, based on a spouse of a US Citizen, it took only 83 days from the time we filed till the interview/approval day. My wife was here in the US on a special employment visa (not one with dual-intent) so her authorization to work at the employer that sponsored her visa at the time continued while her I-485 was pending.

If you do decide to get married and adjust status, my best recommendation is to read the instructions to the I-130 and the I-485 very carefully. There is other USCIS forms that are required to be filed at the same time as the I-130 and the I-485, such as the G-325A, I-864, and I-693.

[Hypnos 6,576]

No, it's not good enough. You need to show that you are married. You need the marriage certificate.

You are mistaken. USCIS recognises common-law marriages, if it is legal in the relevant state. It's much, much more of a hassle to do (since you have to prove you are considered married to each other - as opposed to simply providing a marriage certificate), but it's do-able.

That being said, I wouldn't recommend it.

Edited February 15, 2015 by Hypnos

[JohnR! 5,495]

So long as you have an official marriage certificate you should be fine. If you're in doubt go for the courthouse ceremony which is legal and accepted by the USCIS.

If time is of the essence, go to Nevada for a weekend and have a quick ceremony in Vegas.

thanks JohnR in Colorado common law marriage is legally binding would that be the a good course then apply for AOS?

[JohnR! 5,495]

Thanks for posting this... I had no idea it was doable, although it's easy to imagine the amount of additional paperwork and evidence the USCIS would expect to solidify the claim and support the petition.

You are mistaken. USCIS recognises common-law marriages, if it is legal in the relevant state. It's much, much more of a hassle to do (since you have to prove you are considered married to each other - as opposed to simply providing a marriage certificate), but it's do-able.

That being said, I wouldn't recommend it.

Edited February 15, 2015 by JohnR!

[Ning 619]

Or you can do it as we are doing:

I have a 3 year tourist visa to US and came to visit my then boyfriend now fiance on October 8 2014(I was admitted to the country until Apr 07 2015). At first it was my plan to leave in 3 weeks, but since my work contract was done we decided I could stay longer. So while I stayed as a tourist we got engaged and filed K-1 petition with NOA-1 date Jan 02 2015 (knowing that I will need to go back for the interview and everything else to Russia). So our petition was approved Feb 13 2015 and I am still in US. Now I am planning to leave asap to get ready for the next step-medical.

That way we will only be away from each other not too long.

Your case has little to do with the O P s really. Nothing wrong with what you have done but you could have done about the same thing by getting married and filing the AOS. You wouldn't have to leave and would have a green card much sooner.

[Scott&Yuli 0]

aaron the problem in acquiring a marriage certificate is that she has to have a social security card in the state of Colorado. to get that she needs a green card...For now, we are trying to get her covered also on my health insurance plan...

[NikLR 13,227]

You need to be married first. Trying to do it as common law when you can get married is just like smashing your head into a wall and expecting it to be as easy as using a wrecking ball.

[Gosia & Tito 199]

thanks JohnR in Colorado common law marriage is legally binding would that be the a good course then apply for AOS?

It would not. USCIS wants to see a marriage license that has been executed and filed.

Common law applies for spousal benefits within CO only.

On a "brighter" side, a not commonly known fact is that in CO, you do not need a licensed person to marry you .You can do it yourself, if you like (still need marriage license)

Notice also that if you go with this and file AoS, there would be some time before she can work or study, and she will not be able to leave the country until then.

Presumably, there are lose ends to close in her country, plus things to pack and bring over

[Gosia & Tito 199]

aaron the problem in acquiring a marriage certificate is that she has to have a social security card in the state of Colorado. to get that she needs a green card...For now, we are trying to get her covered also on my health insurance plan...

No you do not, her passport is sufficient. All they need to see is a government id to validate she is who she says she is (from any government)

First hand experience of my own. If someone told you otherwise, he/she is misinformed...unless the law changed in the past year.

You could do common law to cover her on health benefits, but that is not going to be sufficient for the immigration side.

Edited February 15, 2015 by Gosia & Tito

[Boiler 45,527]

You do not need a SSN to marry in Colorado certainly and anywhere else for that matter.

Lots of people in CO marry and do not have a SSN.

Problem with common law marriage is evidence.

[N-o-l-a 7,167]

aaron the problem in acquiring a marriage certificate is that she has to have a social security card in the state of Colorado. to get that she needs a green card...For now, we are trying to get her covered also on my health insurance plan...

Nope. This is from one county in Colorado and it will surely apply to your county. For your reference, there is no law in America that requires citizens to have a social security number, so hence to provide government services, they can not legally require it.

If my fiancé or I do not have a social security number, can we still obtain a license?

Yes. You must complete an Affidavit of no Social Security Number. This document must be notarized and must accompany the individual when applying for a marriage license. You can pick up this form at the Clerk’s office or click the link below. You must be able to provide valid United States government issued identification, such as a driver’s license along with this Affidavit.

Note: If you are a non citizen with a Passport you do NOT need this affidavit to apply for a marriage license. Your Passport is the only identification needed.

No Social Security Number Affidavit

http://www.co.laplata.co.us/faq/businesses/marriage_faqs

[Scott&Yuli 0]

thank you happy homemaker that info is very helpful