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cmurray1357 Newbie

cmurray1357   0

Posted
Filed: Country: Thailand
 Timeline
Posted

Not sure if this is the right area to post, but here goes....

My girlfriend is here on a work visa, she is part of an exchange nanny program where foreigners can come and stay with a family and take care of the children as a way to experience the U.S.

She contracted tuberculosis and the family basically kicked her out, stuck her in a hotel, and replaced her. I met her shortly afterward and we have been together for about 5 months now. She has completely recovered from TB, but she can no longer work for the family, and the agency that sponsored her is threatening to revoke her visa and has requested that she return to Thailand. Her visa doesn't actually expire until 2008, but they could take it any time now that her doctor has cleared her to fly again.

I've asked her to marry me and she said yes, but we are unsure of what to do now. The forms I have been able to find apply toward either getting married outside the country, or getting a visa so they can come here to get married. What do I do being that she is already here? Do I get married and then have her apply for a green card? Or is there a special form for someone who is already here? Thanks in advance!

Silke Proficient

Silke   1

Posted
Filed: Citizen (apr) Country: Germany
 Timeline
Posted

Assuming that she didn't have the intention to immigrate when she came to the US, you can apply for her Adjustment of Status after marrying her.

Take a look here: http://www.visajourney.com/forums/index.ph...page=i130guide2

Good luck!

AOS from F1 visa

05/02/2007 AOS Package delivered to Chicago Lockbox Day 1

05/25/2007 Biometrics appointment Day 24

07/26/2007 Interview Day 86 Approved

08/06/2007 Green card received Day 97

Removal of Conditions

04/28/2009 I-751 delivered to CSC Day 1

06/27/2009 Biometrics appointment (walk-in) Day 60

07/20/2009 Approval notice issued Day 83

07/22/2009 Received card production email Day 85

07/27/2009 Received green card & approval notice Day 90

Beibehaltungsgenehmigung (BBG)

08/03/2009 Submitted application to German consulate in L.A.

11/20/2009 Approval notice issued Day 109

US Citizenship

04/27/2010 Submitted N400

04/28/2010 N400 delivered Day 1

05/10/2010 Check cashed Day 12

05/13/2010 Received NOA (NOA was issued on 05/10) Day 15

05/20/2010 Received Biometrics notice Day 22

06/11/2010 Biometrics appointment (walk-in) Day 44

06/22/2010 Online Status changed to Testing & Interview Day 55

06/23/2010 Received interview notice in the mail Day 56

07/26/2010 Interview Day 89 Approved

08/24/2010 Oath Ceremony Day 118

My card making blog: http://silkeshimazu.wordpress.com/

Silke Proficient

Silke   1

Posted
Filed: Citizen (apr) Country: Germany
 Timeline
Posted

One question: what visa did she use to enter the country? Did she come on a J1? If yes, you will have to make sure that she is not subject to the 2 year -home residency requirement.

AOS from F1 visa

05/02/2007 AOS Package delivered to Chicago Lockbox Day 1

05/25/2007 Biometrics appointment Day 24

07/26/2007 Interview Day 86 Approved

08/06/2007 Green card received Day 97

Removal of Conditions

04/28/2009 I-751 delivered to CSC Day 1

06/27/2009 Biometrics appointment (walk-in) Day 60

07/20/2009 Approval notice issued Day 83

07/22/2009 Received card production email Day 85

07/27/2009 Received green card & approval notice Day 90

Beibehaltungsgenehmigung (BBG)

08/03/2009 Submitted application to German consulate in L.A.

11/20/2009 Approval notice issued Day 109

US Citizenship

04/27/2010 Submitted N400

04/28/2010 N400 delivered Day 1

05/10/2010 Check cashed Day 12

05/13/2010 Received NOA (NOA was issued on 05/10) Day 15

05/20/2010 Received Biometrics notice Day 22

06/11/2010 Biometrics appointment (walk-in) Day 44

06/22/2010 Online Status changed to Testing & Interview Day 55

06/23/2010 Received interview notice in the mail Day 56

07/26/2010 Interview Day 89 Approved

08/24/2010 Oath Ceremony Day 118

My card making blog: http://silkeshimazu.wordpress.com/

elgringo Enthusiast

elgringo   0

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
Posted

Her intention when she entered the country on the work visa wasnt to get married, so you should have no problems filing to adjust status after you get married. (Whereas if she would have had the intention to get married when she entered that would constitute visa fraud since you need a fiance visa if your intention is to get married....)

I say go ahead and marry her and file the AOS. You should be able to do it. Just explain what happened when you go for the interview and you should be fine.

2/23/07 - Mailed AOS packet to Chicago

2/25/07 - Package arrived in Chicago

3/05/07 - Checks cashed

3/05/07 - Received NOAs for I-765, I-485, & I-130!

3/09/07 - All touched

3/10/07 - Received biometrics appt letter

3/12/07 - All touched

3/13/07 - I-130 & I-765 touched

3/15/07 - I-485 touched

3/15/07 - Received email informing me that an RFE has been mailed to me about the I-485

3/19/07 - Received RFE for I-485 in the mail.

3/20/07 - Biometrics appt

3/21/07 - I-485 & I-765 touched

3/23/07 - Mailed back RFE with signature confirmation

3/26/07 - RFE was delivered to Lee's Summit, MO & was signed for by "Ashley Love"

3/27/07 - Received email saying that RFE has been received at MSC and that case processing has resumed

3/27/07 - I-485 touched

3/28/07 - I-485 touched

4/17/07 - I-765 & I-130 touched

4/18/07 - All touched

4/19/07 - All touched

5/10/07 - I-765 touched

5/14/07 - Received interview notice in the mail! Interview will be on July 18!!!

5/15/07 - I-765 touched!

5/15/07 - Received email saying that EAD card production has been ordered!!!!!!!!!!!!!!!!!!!!!!!

5/16/07 - I-765 touched

5/19/07 - Received EAD in the mail!!!!!!!!

5/21/07 - I-765 touched

7/18/07 - Had interview in Memphis, TN! GC Approved!!!

7/23/07 - Received Welcome Letter (with notice date of July 19th) in the mail.

7/24/07 - Received Card Production Ordered email!

8/02/07 - Received Permanent Resident Card!!!! No more USCIS until 2009!!!!!

Ning Experienced

Ning   619

Posted
Filed: K-3 Visa Country: Thailand
 Timeline
Posted
Not sure if this is the right area to post, but here goes....

My girlfriend is here on a work visa, she is part of an exchange nanny program where foreigners can come and stay with a family and take care of the children as a way to experience the U.S.

She contracted tuberculosis and the family basically kicked her out, stuck her in a hotel, and replaced her. I met her shortly afterward and we have been together for about 5 months now. She has completely recovered from TB, but she can no longer work for the family, and the agency that sponsored her is threatening to revoke her visa and has requested that she return to Thailand. Her visa doesn't actually expire until 2008, but they could take it any time now that her doctor has cleared her to fly again.

I've asked her to marry me and she said yes, but we are unsure of what to do now. The forms I have been able to find apply toward either getting married outside the country, or getting a visa so they can come here to get married. What do I do being that she is already here? Do I get married and then have her apply for a green card? Or is there a special form for someone who is already here? Thanks in advance!

I am not an expert but have a years experiance reading & learning. My situation is completely differnt than yours. I have been married to Thai for more than 1 year & have just been approved for CR1 visa by 130 form after 6 months. Now seeking NVC approval which will take 3-4 more.

First thing to do is read , read , read.

You will find getting married here or there will put you on a path that is not easy. There is no easy street.

I think she will not be allowed to stay even if you marry & they will look on that as attempt to defraud. Be extremly harsh & may outright deny visa later.

Its not easy to accept but if you are serious she should go back & the apply for K 3 visa. This will take up to one year. Uscis will review & I am afraid you will find it diffucult to get visa because they will view her actions as attempt to use you to get what she wants . This is common in Thai people. I have heard this from USCIS officers in Thailand.

Dr_LHA Experienced

Dr_LHA   3

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted (edited)
You will find getting married here or there will put you on a path that is not easy. There is no easy street.

I think she will not be allowed to stay even if you marry & they will look on that as attempt to defraud. Be extremly harsh & may outright deny visa later.

What are you talking about?

As long as she didn't have intention to marry when she entered on the J-1 visa (I would guess as she's a nanny), then she can get married here and adjust status with no issues, as long as she's not subject to 212(E) which I doubt a nanny would be. The most important thing would be for her not to leave the USA while the AOS is in process.

Also I hope the TB has fully cleared up, because that might be an issue as she needs to get a medical for AOS that tests for TB.

Edited by Dr_LHA
 
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