Fiancé vs Spouse Visa (merged)

[igoyougoduke 1,674]

3 hours ago, MacNCheese999 said:

Background: the plan was to originally stay for 5 months (visit my girlfriend of 3 years, take some exams, do some medical rotations), but upon entering, I was very unprepared. I was grilled in the interview room and almost didn't get in. He gave me 1 month to stay and had me change my return flight on the spot.

 

Question: now that I'm here, my girlfriend doesn't want me to go home anymore. She's also very much against going back with me to my home country. She wants to exhaust all options here before considering going back to my home country to do things properly. So, what do you guys think are our OTHER options here?

 

1. Just get married right now? (I think this is bad because we maybe automatically considered as fraud?)

2. Try to file for an extension, get married later? (Will that even make a difference)

 

Any advice would be great. Thank you!

1) yes you can get married with no consequences. leave US and your wife will file CR1 visa.

2) you can file for visitor visa extension but CBP has already flagged you at port of entry. you can certainly file for extension should you choose to stay longer.

 

 

[Allaboutwaiting 2,503]

Agreed with other members: marry and leave. Or simply leave.

 

 

[Redro 4,611]

7 hours ago, MacNCheese999 said:

Background: the plan was to originally stay for 5 months (visit my girlfriend of 3 years, take some exams, do some medical rotations), but upon entering, I was very unprepared. I was grilled in the interview room and almost didn't get in. He gave me 1 month to stay and had me change my return flight on the spot.

 

Question: now that I'm here, my girlfriend doesn't want me to go home anymore. She's also very much against going back with me to my home country. She wants to exhaust all options here before considering going back to my home country to do things properly. So, what do you guys think are our OTHER options here?

 

1. Just get married right now? (I think this is bad because we maybe automatically considered as fraud?)

2. Try to file for an extension, get married later? (Will that even make a difference)

 

Any advice would be great. Thank you!

The extension won't be approved before your I-94 expires and it will likely be denied. 

Is your girlfriend able to travel freely to the Philippines? If she isn't, get married in the States and then return home and have her file the I-130.

Hopefully you'll be able to move to the States by next June/July. 

 

 

[mitzab 294]

11 hours ago, Mike E said:

exams for what and from whom?

 

You mean you planned to work in the USA?

Probably OP is a medical student or doctor who came to take his USMLEs , it is normal to do medical rotations and give USMLE part 2/CS in USA because you cannot take that exam anywhere else. Medical rotations are not paid, neither they are considered work. You basically shadow a doctor to improve your clinical knowledge. All of this does not require student visa and neither there is a special visa for it.

 

Now if OP decides to stay in the US and get married then file for AOS his plan probably does not need his partner to support because while his AOS is pending he can simply prepare for his exams etc and residency match. Which takes months. I think unless OP says otherwise this probably is the intent.

 

Now to his actual question, there is Noone stopping you from getting married but obviously its fraud because that was not the intent of the visa and basically you circumvented the Line by doing that. 

 

Secondly there are 0 basis of any extensions and neither I have heard of any (especially in medical community where they will give you a visa extension for appearing in exams)

 

Best of luck

 

 

[Boiler 45,899]

You can stay and adjust and I assume you do not need status to do rotations

[Ontarkie 14,369]

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