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

[B&C2017 123]

19 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.

But with the AOS she’ll wait for approx. 6 months to be able to work. With the CR1 it might take a bit longer for her to come to the US, but she will be immediately allowed to work. 
 

But maybe AOS is the best case for you guys - I don’t know. Her living with her parents and not having a work contract could make it almost impossible for her to show ties to her home country, so she might have trouble visiting you while waiting in her country.
I guess if she’s willing to sit around and study and watch Netflix for the next 6-8 months (from now to marriage, to filing AOS/EAD/AP, to approval...) then AOS should be ok. 
I’d make sure she can obtain all documents for AOS from abroad - because she won’t be able to go back home to get them. And since you guys didn’t plan on getting married on this trip before she arrived (assumption, since entering as a tourist with the intention to immigrate is illegal), I don’t think she brought anything with her.

 

[NikLR 13,227]

~~moved from K1 process and procedures to what visa do I need~~

[Loren Y 2,755]

Definitely think about the decision. Sounds like you need to research a few more things such as her studies and exams. If you need a marriage certificate quickly, I can help with that, but make sure your fiancee is ready to commit to 5-7 months of not doing much. My wife and I did the K1, it worked out fine for us because she had 5 months (650 hours) of schooling and exams to take when she arrived here, so the 5 months it took to get her EAD/AP card wasn't so bad, but people are right with limits she may have depending on where you live. Luckily I am in Las Vegas and have a decent bus system she could use to get around, and with school and things she was busy every day. There are drawbacks. She was only allowed limited term ID cards, and some other small things. Most importantly make sure you can add her to your health insurance as soon as you are married. My wife now had to have her appendix removed in emergency surgery 3 months after she arrived here, and the hospital bill alone was 60,000 dollars. Just the hospital bill, not counting everything else. A expense like that can make or break the whole relationship. Also consider the cost of supporting someone for 6-7 months, you would be amazed at how expensive it can be.

 

But all that aside, do your research and if you need married quickly with a certificate in hand. Send me a message, and I can help you with that.

 

[DELETEME1234 208]

The most logical and sensible option to take in this case is to file for adjustment of status. It's not suggested often around here because a lot of people here consider it a way of cheating, cutting in line etc., since most people here had to resort to a more arduous way that required more patience as their immigration journey.  

 

 

The process for this is outlined here, you don't need a lawyer for this. If you being able to work ASAP is paramount then I'd suggest filing for an EAD by filing I-765 concurrently. Currently the average processing time is about 4 months. Some people were able to get it expedited if they had a job offer but that's not a guarantee. I-131 is handy if she wants to be able to travel out of the country to arrange stuff, average processing time for that is the same as the EAD. Go over the forms to see what documents are necessary so that family back home can help to send it to you guys. During the whole process she remains in a legal status here. If they have a driver's license from their home country there's a likelihood depending on your jurisdiction that they can drive with that if not they might qualify for a 'visitor's drivers licence' depending on where you guys live. Either way the EAD will open the way to a SSN and from then on they can fully participate in society. 

 

If you guys decide that AOS with the limitation of her not being able to work for about 4 months is not the way to go for you guys. Then there are two other options: 

 

1. Hold off on marrying, her going back to her home and you guys file for a K-1 visa following these instructions. Processing time for that is about a year. It will grant you a visa that will give you permission to travel to the US with the intention to marry. Once here you need to marry within 90 days and after that you file for adjustment of status. Reason this option doesn't make sense is because they are already in the US and were considered admissible at the border. This option is the option to choose when your intention is to come to the US to marry. 
2. Marry her, have her go back home and guys file for a CR-1 visa following these instructions. Average processing time for this is well over a year at this moment, in the end a lot of it depends on the local consulate processing it. This is the process to adjust status from outside of the US. 

The choice is yours to make and you guys have to make it together. All the options; AOS in the US, K-1 and CR-1 are completely legal and viable. You guys can marry wherever you want, here in the US or elsewhere. Should you guys go for K-1 or CR-1 then you should know that they are allowed to come visit you, however it could be depending on the border agent that they might be under scrutiny and she'd have to prove strong ties to her home country.

 

 

 

 

 

[Duke & Marie 1,389]

7 hours ago, Henry14 said:

Thank you for the comments. I was told a CR-1 (I may be mistaken here) takes a lot longer to process than doing it all within the U.S? 
 

 

It takes a little longer usually.. but when weighed against the restrictions of AOS I personally believe it has far fewer implications particularly financial implications.. 

[Duke & Marie 1,389]

5 hours 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. 

Do we know what country she’s from? 

 

Visa waiver program is so easy to get a tourist visa. no need for any of the above mentioned ties.. 8 visits post marriage never asked for anything.. it’s about being honest with your intentions of going home, POE can ID liars pretty well, I suspect they’re part blood hound.. regardless of how much evidence you have with respect to ties in home country.

[MarcusZoe 1]

Words of caution.  You NEED to wait at least 60 days, though recommend at least 90 days of her being in the U.S. before you get married, longer if possible.  During the process, they will investigate the issue heavily if you get married to quickly.  Basically, if they will think that she came on a non-immigrant visa, with the intention of getting married.  They could prove visa fraud, which would likely result in a denial of the I-130, and a permanent bar from the US.

[geowrian 22,337]

10 minutes ago, MarcusZoe said:

Words of caution.  You NEED to wait at least 60 days, though recommend at least 90 days of her being in the U.S. before you get married, longer if possible.  During the process, they will investigate the issue heavily if you get married to quickly.  Basically, if they will think that she came on a non-immigrant visa, with the intention of getting married.  They could prove visa fraud, which would likely result in a denial of the I-130, and a permanent bar from the US.

I'm assuming you are refering to the so-called 90 day rule (previously the 30/60/90 day rule). No such rule exists for DHS, and DHS is the department that handles AOS applications.

Plus there's the whole issue of preconceived intent not being a bar for the IR of a USC anyway.

 

The I-130 would not be denied due to fraud (of which there is nothing to suggest that even occurred here). The I-130 establishes a relationship between petitioner and beneficiary. It has nothing to do with visa or AOS inadmissibilities.

[Fr8dog 312]

How long has she been admitted for on her current visa? (they used to let me in for 6 months at a time when I had my B1/B2). Reason I'm asking; You might want to go CR1 route by marrying her in the US, let her stay on the tourist until she needs to leave, than go the CR1 route (when she is back home) and with the current wait times you might just end up being married for 2 years before she has her CR1 approved (saving you both the hassle of the ROC).

She can still visit you (or you her) during the CR1 time. The strongest case she has when trying to re-enter is the fact that she did not try to adjust status when she was legally able to do during her previous stay.

 

In my opinion you have 2 options. (The K1 is kind of useless now as it costs more in the long run, she is already here and it will only extend the time she is not able to work).

- AOS from the tourist visa, she gets to stay here immediately and can't do anything for 5 to 6 months

- CR1 she has to go home and wait for the whole thing to be approved,  but when she comes back she can work straight away. (with the potential of getting a conditional greencard if you time it right).

 

Having had the mandatory couch sitting for 3 months, I can tell you it sounds like fun but it gets really boring really quick.

 

Figure out what she would find most appealing (it's not like you have anything to say about it, welcome to married life 😎) and take it from there.

What ever way the two of you decide, realize that this is not a quick, cheap and painless process, regardless of the route you want to take.

[Calicolom 266]

7 hours ago, Henry14 said:

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.

I would not suggest adjusting from a visitors visa. I think immigration looks at these cases closer and closer. If AOS is not approved for the smales problem, you out of luck. 

[RCable 75]

I’m not entirely sure what the full process is for AOS but you may also need to file an I-864 Affidavit of Support as well. If you do, you should look into those guidelines and make sure you can cover it.

[milimelo 4,477]

9 minutes ago, RCable said:

I’m not entirely sure what the full process is for AOS but you may also need to file an I-864 Affidavit of Support as well. If you do, you should look into those guidelines and make sure you can cover it.

That’s not a may, that’s a must. I-864 is mandatory. 

[African Zealot 1,455]

Go ahead and get married here and file adjustment of status. Many (maybe most) VJ members have some bias against adjusting status from a visitor visa because they view it as cutting the line so their advice may reflect that bias.

 

In my opinion the advantages in adjusting status far outweigh that for doing consular processing. A lot of ####### can happen when dealing with immigration from outside (not saying it doesn’t happen when adjusting from inside).

 

Just be aware of the cons, mainly inability to work for about 4 months until the EAD arrives.

[B&C2017 123]

3 hours ago, Ray.Bonaquist said:

Go ahead and get married here and file adjustment of status. Many (maybe most) VJ members have some bias against adjusting status from a visitor visa because they view it as cutting the line so their advice may reflect that bias.

Most of the super expericenced VJ members that have given advise not to go the AOS route are through the process since a long time and they/their spouses have meantime even become US citizens. Others have been through the AOS / K1 process as well, so they do not recomend it based on their own expericence. So why would they be biased? 

Also... Most of the VJ members could have just done the exact same thing. Traveled to the US as visitors and adjusted status - but we chose to do it the legal way - including me! 

 

I know it's only illegal if you come to the US claiming you're a visitor, but really have immigrant intent. But com'on! How high is the percentage of people that would really not intend to get married by the time they travel to the US? I mean who can actually leave their entire life behind in the blink of an eye (existing leases, jobs, vehicles, family....)? 

 

Not saying that the OP's girlfriend did know about him possibly proposing and wanting to get married in the US at the time of her arrival, but:

• After a partnership of 7 years, I'm sure this topic would have came up at some point before her coming to the US including the discussion of possible ways on how to do it.
• She is currently studying to get her license to practice (medicine?) in the US. So she clearly has an immigrant intent, even if not this very minute.

Trust me, I understand how annoying it is to wait on the entire CR1/IR1 immigration process - we got Nebraska 😩⏳ 

But the OP asked what the best way for him and his girlfriend is - given the explained circumstances. I think most people on VJ are just speaking the truth and do not sugar-coat the K1 or AOS process. As many said, you might be able to be together faster, but it has it's price like the AOS restrictions, additional expenses, more forms to file, conditional greencard, financial burden (we don't know anything about the OP's financial situation and if he'd need joint-sponsors), etc. 

 

In the end, everyone is free to do whatever they want if they can live with the outcome/result of their choices. For the OP, this really might be the best solution, but I don't think it's fair to claim honest people to be biased, just because we have a different opinion. 

Edited February 10, 2020 by B&C2017

[Pininfarina 74]

13 hours ago, Henry14 said:

 

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

We are doing the CR-1 route and we are currently on day 513 and counting since filing from abroad. No expedite and no delays just ended up at the Nebraska service center..

 

So choose wisely