Process of marrying my partner who is currently in the U.S. on a tourist visa

[Henry14 0]

15 minutes ago, Marieke H said:

Would she be able and willing to not go home and stay in the US for about 6 months without being able to work or travel? Only if the answer is yes, you can get married and apply for AOS. 

 

Otherwise, your only options are the CR1 (marry, file, she goes home) or K1 (propose, she goes home, file, marry when she enters on her K1). The CR1 has a huge advantage: she will be allowed to work as soon as she enters the country. 

 

I strongly recommend that you discuss the options with her. You may want to have her here as soon as possible, but the long wait for EAD after entering on a K1 may be very hard on her.

I think adjustment of status is exactly what I’m looking for. This is the fastest route to her obtaining a green card, right?

 

Thank you

 

 

[Crazy Cat 41,857]

1 minute ago, Henry14 said:

I think adjustment of status is exactly what I’m looking for. This is the fastest route to her obtaining a green card, right?

 

Thank you

 

 

Maybe....Maybe not.....there are many factors......like local USCIS office workload.  It could be a few months or more than a year.....

[Marieke H 2,506]

2 minutes ago, Henry14 said:

I think adjustment of status is exactly what I’m looking for. This is the fastest route to her obtaining a green card, right?

 

Thank you

 

 

It is the fastest, but certainly not fast. After getting married, you'll file the I-130 and I-485, plus all documents listed in the instructions. Follow the guide on this website and read all instructions for each form (you find them on the USCIS website). You don't need a lawyer, if you're able to do some research and read instructions. 

 

Regarding getting married, look up the requirements for the county you're planning to get married in. Pay attention to the time it takes to get the marriage certificate; sometimes it is worth it to get married in a different county from where you live, because in some counties it takes 6-8 weeks to get your marriage certificate, which you need to include in your AOS application. 

 

Good luck!

[JFH 12,190]

So she’s left all her belongings back home? What about returning her apartment keys to the landlord or selling her home? What about her vehicle? Does she have all the documents here that she needs for adjustment of status (birth certificate, etc)?
 

Is this really what she wants? What’s the point of studying hard for those exams right now if she can’t work for many, many months anyway? Not being able to work for that long would have been career suicide for me. Six months out takes around 18 months to recover from in my profession. Plus the loss of income. Sure you’ll get to kiss her every day and sleep with her every night but this is a long-term decision you are making. Short cuts aren’t always the best way. 

[Nat&Amy 623]

16 minutes ago, JFH said:

Not being able to work for that long would have been career suicide for me. Six months out takes around 18 months to recover from in my profession

Couldn't possibly agree more. It is always good to remember that immigration is a marathon and not a sprint. Nothing is fast, easy or cheap. Always be rational and try not to let emotions be the ones dictating the decisions you take from now on. Read the guides and choose accordingly, plan financially and think of long-term, not only short-term benefits. Good luck.

[B&C2017 123]

1 hour ago, Henry14 said:

Yes, she is willing to do that. She is mostly studying right now anyways. She’s not working very much because of that.

I think she won’t be able to study either during the time she awaits her EAD. So if she needs to take exams in the US soon, then that might be a problem. Also, why/how does she take exams in the US on a visitor visa? 🤔

 

And what about her part time job? Does she not have a notice period? 

Edited February 9, 2020 by B&C2017

[Cornflake 108]

I think people here are overreacting for some reason. For many people, especially girls, work is not #1 priority in life. And yes, people can happily live without job for a year or even two. Everybody is different. 

 

I used to have a great job, well paid and so on but when my husband had to move to another country because of his work and I was not able to work because of restrictions (I did have all documents) I was very happy just to be near by him and I could care less about the fact I couldn't work anymore.

 

[Henry14 0]

1 hour ago, JFH said:

So she’s left all her belongings back home? What about returning her apartment keys to the landlord or selling her home? What about her vehicle? Does she have all the documents here that she needs for adjustment of status (birth certificate, etc)?
 

Is this really what she wants? What’s the point of studying hard for those exams right now if she can’t work for many, many months anyway? Not being able to work for that long would have been career suicide for me. Six months out takes around 18 months to recover from in my profession. Plus the loss of income. Sure you’ll get to kiss her every day and sleep with her every night but this is a long-term decision you are making. Short cuts aren’t always the best way. 

You bring up good points but she can’t work much anyways because she’s doing intensive studying for an exam that usually requires 1+ year of studying to finish (multiple exams). She’s not going to school. It’s a separate exam process for trying to become licensed in the U.S. for her career, so, she can study anywhere.
 

If we decide to NOT do the adjustment of status, the second best option (fastest) would be getting married in her country (CR-1)?

 

thanks

Edited February 9, 2020 by Henry14

[B&C2017 123]

5 minutes ago, Henry14 said:

You bring up good points but she can’t work much anyways because she’s doing intensive studying for an exam that usually requires 1+ year of studying to finish (multiple exams). She’s not going to school. It’s a separate exam process for trying to become licensed in the U.S. for her career, so, she can study anywhere.
 

If we decide to NOT do the adjustment of status, the second best option (fastest) would be getting married in her country (CR-1)?

 

thanks

For CR1 you don’t have to get married in her country - you can also marry in Las Vegas tomorrow. But then she’d go back to her country and await the process there (you file the I-130 after the wedding, once it’s approved she will have an interview at the embassy).

She can also come to visit you during this time, but be prepared for her to have prove of strong ties to her country (lease agreement, employment letter, etc.) just in case she would be asked for it when entering the US. 

[JFH 12,190]

7 minutes ago, Cornflake said:

I think people here are overreacting for some reason. For many people, especially girls, work is not #1 priority in life. And yes, people can happily live without job for a year or even two. Everybody is different. 

 

I used to have a great job, well paid and so on but when my husband had to move to another country because of his work and I was not able to work because of restrictions (I did have all documents) I was very happy just to be near by him and I could care less about the fact I couldn't work anymore.

 

Fine if it works for you. I’m the only earner in our household (works for us and we can comfortable afford it) and I didn’t spend 7 years at university to sit at home. The OP’s fiancé is taking exams that she is studying for for what seems like a year or more (medicine? law?) so her career is obviously important to her. No one would devote a year or more to study for exams if they did not want to work in that field in the near future. 
 

We have heard all the usual arguments that the USCs throw around when deciding which visa path to follow (we just want to be together as quickly as possible - no sh.. Sherlock!) but it’s a two-way street and I don’t think the fiancé has had much input in the decision here. 

[B&C2017 123]

12 minutes ago, Cornflake said:

I think people here are overreacting for some reason. For many people, especially girls, work is not #1 priority in life. And yes, people can happily live without job for a year or even two. Everybody is different. 

 

I used to have a great job, well paid and so on but when my husband had to move to another country because of his work and I was not able to work because of restrictions (I did have all documents) I was very happy just to be near by him and I could care less about the fact I couldn't work anymore.

 

Fair enough! But it’s not just the work part. She can’t travel internationally either. What if there is an emergency back home? 
And what if she possibly can’t drive during that time? Sitting at home for a few months sounds terrible to me.

[Just Paul 4,595]

Yes, you can marry anywhere.   Talk to each other about what realistically works for the both of you.  Mary's priority wasn't to work right away but instead we moved to another country.  I'm sure there is an answer for you!

[Henry14 0]

5 minutes ago, B&C2017 said:

For CR1 you don’t have to get married in her country - you can also marry in Las Vegas tomorrow. But then she’d go back to her country and await the process there (you file the I-130 after the wedding, once it’s approved she will have an interview at the embassy).

She can also come to visit you during this time, but be prepared for her to have prove of strong ties to her country (lease agreement, employment letter, etc.) just in case she would be asked for it when entering the US. 

Thanks for the help. What exactly do you mean by “showing strong ties to her country”?. She lives with her parents still and her part time employment is on a cash-only basis (no contract). 
 

For the other posters indicating the fiancé probably has no choice here, we’ve talked about this and she’s the one who wants to start working in the U.S. as soon as possible after marriage. This leans towards adjustment of status.

[Crazy Cat 41,857]

"Strong Ties" mean factors which would convince a CBP officer that she would return to her country after her visit.  Usually evidence of a job, rental agreements, obligations, etc.  

 

By the way, there is no "required time to be in the US to qualify for a Green card"......

Edited February 9, 2020 by missileman

[JFH 12,190]

8 minutes ago, Henry14 said:

For the other posters indicating the fiancé probably has no choice here, we’ve talked about this and she’s the one who wants to start working in the U.S. as soon as possible after marriage. This leans towards adjustment of status.

By your own admission in your first post, you know almost nothing about the process and your subsequent posts concur with that. And that’s fine, none of us was born knowing the process and we all went through the same phase of learning about the options and all of their merits and drawbacks. 
 

So I am guessing your fiancé also knows nothing about the procedure and what it means for her. That’s what I meant about her having not much choice or input. You’ve asked all the questions from your standpoint but you’re not the one who is going to be living in limbo status here for many, many months. I think she should join the thread and ask her questions too.