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Nicbeads

Getting marry in USA on a tourist visa with a permanent resident

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My boyfriend(permanent resident) and I, had been together for 5 years, I usually come here(USA), back and forth to see him, he does the same to my country whenever his job permits, now I came to visit him and he proposed me and want me to move as soon as possible. We will be getting marry in the next few weeks, and will be filling I-130 here in USA, same day we will be filling his N400 so that he can become a citizen and Im returning to my country after that. Now, my question is: If we file I-130 while he´s a permanent resident if he becomes a citizen within the next 4 months(expected time), can I come to US and do an adjustment of status? We really want to be together asap, he will now be my husband and I really don't want to be apart any longer.

THANK YOU SO MUCH IN ADVANCE FOR YOUR RESPONSES,

L & J

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Filed: Lift. Cond. (apr) Country: China
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Pitaya

VJ Moderation

Edited by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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If he becomes a USC during the processs he can upgrade to a CR-1 visa for you. This is faster than the F2A (spouse of permanent resident) and should take about a year.

You will need to return home and wait there for the process to be completed. You cannot adjust status in the manner you have described.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Citizen (apr) Country: Ireland
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It is visa fraud to use a tourist visa or the visa waiver program with the intent to immigrate/ stay/ adjust status.

As mentioned, once he is a citizen, he can upgrade the petition and it will only take about a year; during this time you can visit him, and he you, as you have done so far, but you cannot live or work in the USA.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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  • 4 weeks later...

Than you so much everybody for all your help. We got married 2 weeks ago and we decided Im going back to my country to continue the process from there, thank you all for the responses, we are now working the right way. Btw, we also filed his N400 so that my husband can become a citizen.

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Congratulations on your marriage.

Good luck with your visa journey.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: F-2A Visa Country: Montenegro
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Hi!I want to sare with you my experience because we are on the same!I was on tourist visa and my boyfriend was Green Card Holder,I was there when we decide to get married and we get merried in NY and we submit the I-130 which was approved after 2 months!I was in tourist visa and I couldnt stay there more than 6 months than I file I-539 to extand my status and they approved me to stay 6 more months!My case is now in NVC i came back in my country and we are now waitting for case complete!My husband was thinking to become US Citizen but that my take long so we do in this way,aproximatly is waiting time from 1 year and half up 2 years!

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