URGENT: proposing to girlfriend who is due to leave in a week

[confusedURGENT 1]

Just now, Crazy Cat said:

Adjustment of Status from Work, Student, & Tourist Visas - VisaJourney

You're a saint, thank you so much!

[Redro 4,609]

1 hour ago, confusedURGENT said:

She has been spending time with the pets, meeting up with my family and going on walks with the dog, she has a good friend here that she met through myself, they hang out sometimes. She reads a lot and watches shows, has learned some new recipes and is trying to perfect baking bread (her words not mine lol) come to think of it, she's never expressed boredom she just kind of finds things to do. Her only issue has been the public transport system here is not great so to get to the beach she'd have to Uber, walk in the heat or wait for a friend to be available, though that is only an issue while I am at work, and I only work 4 days a week (40hrs, and occasionally an extra 10hrs). But I will read through that for sure, thank you! Do you have any suggestions for when to marry/adjust? As in, within the 90 days legal stay or not?

Marry ASAP and file as soon as you have all the required documents
but, discuss with your partner if they’re okay with potentially needing to Uber and rely on others for transport until they get their EAD. 

It might be okay as everything is still new but after 5 or so months it might get a little frustrating… 

[SalishSea 17,534]

5 hours ago, confusedURGENT said:

I truly appreciate the warnings for the legal costs, however looking at the total, it is a lot cheaper than what I expected initially (not cheap, just cheaper) and I can cover it comfortably with my savings alone.

That’s good.   The total cost for removing conditions on a green card will be going from $680 to $1195 soon.

 

Also, you will want to make sure she understands that without the work permit, she cannot even work online/remotely.

[Bob in Boston 666]

Saint Cat, Guarding Saint

                   of

        The Immigrant

[confusedURGENT 1]

43 minutes ago, Jorgedig said:

That’s good.   The total cost for removing conditions on a green card will be going from $680 to $1195 soon.

 

Also, you will want to make sure she understands that without the work permit, she cannot even work online/remotely.

I have little to no trust in what the attorney I consulted told me at this point, so hypothetically if we did what he suggested (got married and send documents after her 90 days), what would the legal ramifications of that be? Let's say, anywhere from between 1 month to 1 year of illegal stay before filing. I just want to know what he would have gotten me/my partner into had we done that instead😕

 

edit: oh wow, why/when are they near to doubling those costs? That wouldn't be relevant to us until a couple of years after she would (hopefully) receive a greencard though right? So more than likely the cost will be $1195 for us. Sorry for the tag but I feel your expertise would be a good addition to these questions 😜 @Crazy Cat

Edited February 20, 2023 by confusedURGENT
added question // tagged helpful user

[OldUser 6,127]

9 minutes ago, confusedURGENT said:

I have little to no trust in what the attorney I consulted told me at this point, so hypothetically if we did what he suggested (got married and send documents after her 90 days), what would the legal ramifications of that be? Let's say, anywhere from between 1 month to 1 year of illegal stay before filing. I just want to know what he would have gotten me/my partner into had we done that instead😕

 

Unathorized stay is forgiven to US citizen spouse if their I-130 and I-485 are approved. If not approved or they leave the US before I-485 approved, this may result in 3 year or 10 year bar depending on the length of unauthorized stay:

 

- Foreign nationals who accrue more than 180 days but less than 1 year of unlawful presence will be barred from re-entry to the U.S. for 3 years.

- Over 1 year of unlawful presence = 10 year bar

[OldUser 6,127]

13 minutes ago, confusedURGENT said:

edit: oh wow, why/when are they near to doubling those costs? That wouldn't be relevant to us until a couple of years after she would (hopefully) receive a greencard though right? So more than likely the cost will be $1195 for us

This is not yet approved, but in case if it is, will apply to your situation most likely.

[Daphne . 1,827]

33 minutes ago, confusedURGENT said:

I have little to no trust in what the attorney I consulted told me at this point, so hypothetically if we did what he suggested (got married and send documents after her 90 days), what would the legal ramifications of that be? Let's say, anywhere from between 1 month to 1 year of illegal stay before filing. I just want to know what he would have gotten me/my partner into had we done that instead😕

 

edit: oh wow, why/when are they near to doubling those costs? That wouldn't be relevant to us until a couple of years after she would (hopefully) receive a greencard though right? So more than likely the cost will be $1195 for us. Sorry for the tag but I feel your expertise would be a good addition to these questions 😜 @Crazy Cat

I also saw your post on Reddit (the 1-12 months part looks very similar), and if you are ready to file. do it asap. There is no benefit in waiting. Keep the time between her legal stay ending and filing for the adjustment of status as short as possible. Being married to a US citizen in itself doesn't grant her any authorized stay. 

[confusedURGENT 1]

3 minutes ago, Daphne . said:

I also saw your post on Reddit (the 1-12 months part looks very similar), and if you are ready to file. do it asap. There is no benefit in waiting. Keep the time between her legal stay ending and filing for the adjustment of status as short as possible. Being married to a US citizen in itself doesn't grant her any authorized stay. 

Oh of course, I'm not going to intentionally wait on anything, my question was just to know what would have happened had I not posted here and received the responses I did and instead blindly followed one persons advice (to do everything after the 90 days). Shh you can't be exposing my 20 minute old throwaway account like that, haha.

 

I'll be ready to file once I can get a court wedding date and my horrid printer working to complete all the documents needed, gather evidence (photos, family posts, texts etc).

Edited February 20, 2023 by confusedURGENT
added info

[Daphne . 1,827]

1 minute ago, confusedURGENT said:

Oh of course, I'm not going to intentionally wait on anything, my question was just to know what would have happened had I not posted here and received the responses I did and instead blindly followed one persons advice (to do everything after the 90 days). Shh you can't be exposing my 20 minute old throwaway account like that, haha.

Oh haha! Sorry, I will not tell anybody else about Reddit

You did the right thing by coming here and asking questions. Many people think they have to wait 90 days before filing to avoid the 'immigrant intent assumption', but there is no such thing. 

[Crazy Cat 41,345]

6 minutes ago, confusedURGENT said:

what would have happened had I not posted here and received the responses I did and instead blindly followed one persons advice (to do everything after the 90 days)

On the day after her I-94 expired, she would have immediately been out of status and subject to deportation. ...until the day a proper I-485 package was filed.  Once the proper package was submitted, she would have been granted authorized stay in the US.  Authorized stay is not a legal status, but it halts accrual of unlawful status until adjudication of the I-485.   

Waiting 90 days delays the entire process of being able to work, leave the US, getting a Green Card and becoming eligible for citizenship.  As @Daphne . stated, there are no benefits in waiting to file for adjustment of status.

Edited February 20, 2023 by Crazy Cat

[SalishSea 17,534]

2 hours ago, confusedURGENT said:

I have little to no trust in what the attorney I consulted told me at this point, so hypothetically if we did what he suggested (got married and send documents after her 90 days), what would the legal ramifications of that be? Let's say, anywhere from between 1 month to 1 year of illegal stay before filing. I just want to know what he would have gotten me/my partner into had we done that instead😕

 

edit: oh wow, why/when are they near to doubling those costs? That wouldn't be relevant to us until a couple of years after she would (hopefully) receive a greencard though right? So more than likely the cost will be $1195 for us. Sorry for the tag but I feel your expertise would be a good addition to these questions 😜 @Crazy Cat

I only mentioned the I-751 cost increase because if you were to marry and pursue the CR-1 instead, chances are she would enter the US with an immigrant visa after your two year wedding anniversary, and she would automatically get a ten year green card, thereby avoiding removal of conditions (ROC).  
 

Having her adjust status now and stay means you will undergo the removal of conditions process in several years.

Edited February 20, 2023 by Jorgedig

[confusedURGENT 1]

So I'm doing the online pre-application, and it is asking for my partner's currently residing city, county and country, would this be my US address or her home country's address? Considering we are planning on adjusting status and it says "currently", and she is currently here. Does this even matter?

[Vegas i-751 66]

I would think long and hard about AOS and wouldn’t rush. I’m now a US citizen and back in 2018/19 it took 5-7 months for EAD/AP- it is a lot longer than one thinks. It really had impact on my mental/emotional health. Today it takes up to 1 year (give or take from what I read on here)- maybe longer but I haven’t checked in few years. 
 

If I could turn back time I’d wish I had done the CR-1 hands down so I could have worked/travelled immediately upon entry. However, I had to ride the AOS out. I’ve been relatively lucky with processing times and didn’t have to wait too long at each stage. 
 

 I totally understand the longing to be with a loved one (we all do) but I’d highly recommend factoring in everything especially homesickness and lack of ability to immediately travel. Good luck with your journey and the decision you make 😊

[SalishSea 17,534]

2 hours ago, confusedURGENT said:

So I'm doing the online pre-application, and it is asking for my partner's currently residing city, county and country, would this be my US address or her home country's address? Considering we are planning on adjusting status and it says "currently", and she is currently here. Does this even matter?

Pre-application?

 

You realize you cannot submit a petition until you have a certified marriage certificate, right?