Feeling Overwhelmed

[Floetry 0]

Hi everyone like I said we never planned on getting married but this is where we are we can choose to marry here or Jamaica it doesn't matter to us we just wanted the best legal option the would keep us apart the least amount of time b it months or years as long as we can book a flight once we start the process and it won't interfere with the paperwork part of things if that makes sense

[MacUK 983]

Hi everyone like I said we never planned on getting married but this is where we are we can choose to marry here or Jamaica it doesn't matter to us we just wanted the best legal option the would keep us apart the least amount of time b it months or years as long as we can book a flight once we start the process and it won't interfere with the paperwork part of things if that makes sense

You can get married right now and adjust status, then you won't have to be apart at all.

But, he won't be able to travel home or work until his status is adjusted and you have his GC/AP and EAD.

So if he has any reason why he might need to return home in the next few months then this process is not for you.

If he's ok with staying Stateside and not working for a few months and assuming you have the finances or co-sponsors for his affidavit of support then that's the route to take.

Only you can choose.

[Boiler 45,533]

OP said he was going to stay until November anyway, marry and file to adjust and he would have AP before then.

Edited June 27, 2015 by Boiler

[Elprofe 0]

K1 visas may take a long time. We are at almost 9 months. Approved but still waiting to get the passport back from the embassy.

[chaoticlogic 27]

Regarding getting married on a tourist visa, and what others have said about it being perfectly legal to do so IF you had no intent of doing so before his travel to the US, here is my following advice:

Don't risk it. File for a fiance visa or a spousal visa if you decide to get married. Sure, it is technically legal for someone to apply for AoS from a tourist visa given that there was no intent to marry and stay beforehand, but the risk of it being deemed immigration fraud is just not worth it, regardless of whether it is likely or not. If someone decides it is fraud, you are looking at very serious consequences. I highly suggest taking the safe route and going for a visa. I know it's hard to be apart, and everyone on this forum knows this as well. But imagine your fiancee / spouse barred from entering the US. Although the processing times seem to take forever, it is worth the wait.

All in all, and this is my opinion, it is not worth the risk to marry and apply for AoS on a tourist visa.

Good luck to you both in whatever you choose to do!

[Boiler 45,533]

Regarding getting married on a tourist visa, and what others have said about it being perfectly legal to do so IF you had no intent of doing so before his travel to the US, here is my following advice:

Don't risk it. File for a fiance visa or a spousal visa if you decide to get married. Sure, it is technically legal for someone to apply for AoS from a tourist visa given that there was no intent to marry and stay beforehand, but the risk of it being deemed immigration fraud is just not worth it, regardless of whether it is likely or not. If someone decides it is fraud, you are looking at very serious consequences. I highly suggest taking the safe route and going for a visa. I know it's hard to be apart, and everyone on this forum knows this as well. But imagine your fiancee / spouse barred from entering the US. Although the processing times seem to take forever, it is worth the wait.

All in all, and this is my opinion, it is not worth the risk to marry and apply for AoS on a tourist visa.

Good luck to you both in whatever you choose to do!

An awful lot of people do adjust for a tourist visa, always think it is useful in these cases to link to posters on VJ who have suffered these dire consequences, so the OP has real life examples.

[Unidentified 2,930]

An awful lot of people do adjust for a tourist visa, always think it is useful in these cases to link to posters on VJ who have suffered these dire consequences, so the OP has real life examples.

The VJ search function works great too....

[chaoticlogic 27]

An awful lot of people do adjust for a tourist visa, always think it is useful in these cases to link to posters on VJ who have suffered these dire consequences, so the OP has real life examples.

I have no links, I'm simply saying that it is a risk, as others in this is same post have stated.

You say that an awful lot of people who have done this have been successful; it would also be useful to provide links of their successes for the benefit of the OP.

[Boiler 45,533]

The VJ search function works great too....

[Lemonslice 4,853]

I have no links, I'm simply saying that it is a risk, as others in this is same post have stated.

You say that an awful lot of people who have done this have been successful; it would also be useful to provide links of their successes for the benefit of the OP.

He had no intent. He is not on a VWP, so he can appeal the decision, if ever his adjustment was denied... what's the risk again?

Edited June 29, 2015 by Boston~Montreal

[Boiler 45,533]

VJ has a forum just for those adjusting from non immigrant visas.