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Ximena143

Came with a tourist visa and got married

By Ximena143 in Adjustment of Status from Work, Student, & Tourist Visas

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Ximena143 Explorer

Ximena143   0

Posted
Filed: Other Country: Mexico
 Timeline
Posted

Hello all,

I am trying to help a friend out.

He came to the USA with a tourist visa(he is from mexico) and married his US citizen wife.

What should they do? Should they apply for the I130? Does he need to stay here? Can he go back to Mexico?

Any suggestions??

Is anyone going through the same situation?

I would appreciate any help:)

Thanks

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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

We assume he came to do touristy things, suddenly met someone, fell in love, and decided to get married.

Generally speaking, goes to mexico when tourist purpose is over, does consular processing.. with his american wife filing a CR1 petition. Ideally.

Or AOS. Up to them.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Does he need a lawyer? He does the I130, correct?

Thanks

Hi,

He can stay and adjust status.

Have your friend come here and read the Guides.

Have your friend come here and read the Guides.

The I-130 is one of many forms that he will need to file.

This is a do-it-yourself website, and most people do not have lawyers. If your friend needs help or has issues, then a lawyer would be a good idea.

Once again, have your friend read the Guides. He should also create an account and ask his own questions.

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Ryan H Grand Master

Ryan H   3,812

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

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas 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

 

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Ximena143 Explorer

Ximena143   0

Posted
Filed: Other Country: Mexico
 Timeline
  • Author
Posted

Thanks for your response:)

Just to make sure if I understood.. He can go back to Mexico before his visa expires, right?

His wife can stay here and start the I-130 process, correct?

We assume he came to do touristy things, suddenly met someone, fell in love, and decided to get married.

Generally speaking, goes to mexico when tourist purpose is over, does consular processing.. with his american wife filing a CR1 petition. Ideally.

Or AOS. Up to them.

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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Thanks for your response:)

Just to make sure if I understood.. He can go back to Mexico before his visa expires, right?

His wife can stay here and start the I-130 process, correct?

Yes.. but minor correction.. he can go back before the end of his authorized stay, as noted on his I94 when he entered the US.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Ximena143 Explorer

Ximena143   0

Posted
Filed: Other Country: Mexico
 Timeline
  • Author
Posted

Got it!!!

When he goes back to Mexico..Can he come visit (USA) while the I130 is in process?

Thanks again..

I have helped various people, but since he got married being in the USS with a tourist visa I wasn't sure if it was the same process.

Yes.. but minor correction.. he can go back before the end of his authorized stay, as noted on his I94 when he entered the US.

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ItsGonnaBeWorthIt Proficient

ItsGonnaBeWorthIt   191

Posted
Filed: IR-1/CR-1 Visa Country: Ethiopia
 Timeline
Posted

he has two options...

go back to Mexico and his wife starts the CRI1 visa process and yes he can visit

http://www.visajourney.com/content/i130guide1

or ..

since he is in the USA already he can stay and adjust his status but he cannot leave the US or work unless he has proper documents which he can read here

http://www.visajourney.com/content/i130guide2

USCIS : 7 months
Marriage : March 21, 2014
I-130 Sent : April 18, 2014
I-130 NOA1 : April 22, 2014
I-130 Approved: November 14, 2014 ( after two service request) 

NVC: 6 months
Received : December 1, 2014
Received DS-261 / AOS Bill : January 1, 2015
Pay AOS Bill : January 9, 2015
Submit DS-261 : January 7, 2015
Receive IV Bill : January 15, 2015 called after AOS showed paid, they released it overnight)
Pay IV Bill : January 23, 2015
Send IV and AOS: January 29, 2015
Scan date: February 3, 2015
Checklist: March 19, 2015 (only need to send south Africa police report)
Case Complete: June 3, 2015 

EMBASSY: 10 months
Interview appointment letter : December 4, 2015
Interview Date : January 21, 2016 medical wasn't complete
Second interview date: April 4th 2016
Interview Result :APPROVED!!!
Visa Received : 4/13/2016 ( they sent us a email stating our visa was ready for pick up)

USA LIFE
US Entry :4/29/2016 
Social Security : 5/10/2016 (filed from the actual office)
State ID: 5/14/2016
Started working!!: 5/25/2016
Finally paid green card fee: 6/24/2016 ( note said we will receive it within 60 days)
Green card in hand: 7/5/2016 10 year green card we done!! 

1st king born: 6/30/2016

April 2017 update: Marriage still going strong, baby boy getting bigger. Life is good 

 

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Ximena143 Explorer

Ximena143   0

Posted
Filed: Other Country: Mexico
 Timeline
  • Author
Posted

Thanks:)

he has two options...

go back to Mexico and his wife starts the CRI1 visa process and yes he can visit

http://www.visajourney.com/content/i130guide1

or ..

since he is in the USA already he can stay and adjust his status but he cannot leave the US or work unless he has proper documents which he can read here

http://www.visajourney.com/content/i130guide2

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
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Posted

As he is asking you to ask on a discussion forum I would definitely say he needs a lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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