Marriage advice

[ckaw41586 0]

My girlfriend and I want to get married, but we have only been together for three months. Her visa is about to expire, so we can't wait if we are going to do it. Does that look bad that we're getting married after a short time and her visa is up? And what if she has to overstay while we wait for the interview?

[payxibka 10,047]

3 minutes ago, ckaw41586 said:

My girlfriend and I want to get married, but we have only been together for three months. Her visa is about to expire, so we can't wait if we are going to do it. Does that look bad that we're getting married after a short time and her visa is up? And what if she has to overstay while we wait for the interview?

If her Visa is about to expire, and since it is taking 12 to 18 months to get an interview to adjust her status, there's no doubt she will be here longer than she is authorized 

[ckaw41586 0]

But is that a problem? I was under the impression that she can be here while it's pending.

[ckaw41586 0]

3 minutes ago, payxibka said:

If her Visa is about to expire, and since it is taking 12 to 18 months to get an interview to adjust her status, there's no doubt she will be here longer than she is authorized 

I'm not sure the correct way to respond to an individual reply

[little immigrant 801]

Just now, ckaw41586 said:

But is that a problem? I was under the impression that she can be here while it's pending.

Once you marry and file for her adjustment of status, she'll be in authorized stay. Also include the I-765 & I-131 so she can work, travel and drive. 

 

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

[payxibka 10,047]

1 minute ago, ckaw41586 said:

But is that a problem? I was under the impression that she can be here while it's pending.

She can stay.   Best is to get married and file the I485/I131/I765 before her status expires

[ckaw41586 0]

2 minutes ago, payxibka said:

She can stay.   Best is to get married and file the I485/I131/I765 before her status expires

Do you think there's a problem with the short relationship? That was a reason we were thinking to wait for more proof

[payxibka 10,047]

Just now, ckaw41586 said:

Do you think there's a problem with the short relationship? That was a reason we were thinking to wait for more proof

Proof of what?

 

 Look at the required evidence for the i485. 

 

The proof you are talking about you have a year or more before the interview to pull together 

[ckaw41586 0]

Just now, payxibka said:

Proof of what?

 

 Look at the required evidence for the i485. 

 

The proof you are talking about you have a year or more before the interview to pull together 

I just thought maybe you need a lot more pictures, messages, joint accounts, ECT.... Than that little time gave us, before the initial filing. 

 

I greatly appreciate your quick response and advice. 

[payxibka 10,047]

10 minutes ago, ckaw41586 said:

I just thought maybe you need a lot more pictures, messages, joint accounts, ECT.... Than that little time gave us, before the initial filing. 

 

I greatly appreciate your quick response and advice. 

Much of that "proof" you cannot even do unless the alien has an SSN.  It just so happens the alien isn't eligible for SSN until after the i765 is approved and that takes about 6 months after the filing .  

Edited June 5, 2019 by payxibka

[JFH 12,191]

18 minutes ago, ckaw41586 said:

I just thought maybe you need a lot more pictures, messages, joint accounts, ECT.... Than that little time gave us, before the initial filing. 

 

I greatly appreciate your quick response and advice. 

What good would messages be if you live together? Messages about what? You are confusing the process for adjustment of status with applying for a visa whilst overseas. Couples who live together don’t usually communicate solely by electronic means. 

[ckaw41586 0]

1 minute ago, JFH said:

What good would messages be if you live together? Messages about what? You are confusing the process for adjustment of status with applying for a visa whilst overseas. Couples who live together don’t usually communicate solely by electronic means. 

Sorry I could have been more specific. She's currently in the Aupair program, and living with the family she's working for. She's here with me every chance she gets, but not fully living together yet. 

[Roel 7,193]

If your main reason to get married is for her to be legal in the US, then you are not ready to get married. 

[ckaw41586 0]

10 minutes ago, Roel said:

If your main reason to get married is for her to be legal in the US, then you are not ready to get married. 

That's not my reason at all. I love the woman. I guess the fear is that it's going to be harder for her to come back if she has to leave first. Maybe the info I've heard is incorrect?

[Roel 7,193]

2 minutes ago, ckaw41586 said:

That's not my reason at all. I love the woman. I guess the fear is that it's going to be harder for her to come back if she has to leave first. Maybe the info I've heard is incorrect?

It won't be harder. There are proper immigration processes available.