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Filed: Citizen (apr) Country: Georgia
Timeline
Posted
1 hour ago, Redro said:

Immigration wise: no issue with what he is planning. 
Relationship wise: might not be smart to surprise someone with a big life changing decision where they might be stuck in the US alone with no job or support…. 

Yes, however OP is not asking for the marriage advice but rather immigration. 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
2 hours ago, Redro said:

Immigration wise: no issue with what he is planning. 
Relationship wise: might not be smart to surprise someone with a big life changing decision where they might be stuck in the US alone with no job or support…. 

I disagree.  Immigration takes two people.  As spouse and sponsor, the OP would be part of the adjustment process.  Thus, OP's pre-planning for future spouse to adjust status from ESTA  is prior intent, imho.    I believe OP would likely inform fiance to bring needed documentation and other items to stay and adjust (which could be cause for entry denial).  Just my opinion.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
3 hours ago, kvito28 said:

Technically, potential applicant has no clue about any of this and would be entering US with an intent to leave within her authorized stay. If OP proposes and she says yes, then she decides to adjust this would be a true example of changing circumstances. I do not see an issue here, HOWEVER it is likely illegal for OP to be planning this. I do not see how OP's gf would be at fault if she has no clue that OP is going to propose.

What are the chances the OP would inform the GF of his plans so that she would bring the necessary items for staying and adjusting?  I'd say about 100%.    This has come up before.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Georgia
Timeline
Posted
22 minutes ago, Crazy Cat said:

What are the chances the OP would inform the GF of his plans so that she would bring the necessary items for staying and adjusting?  I'd say about 100%.    This has come up before.  

I disagree. I didn't tell my now wife that I was proposing until it happened. I don't see why one should assume that OP is planning to circumvent legal ways of immigration. I know not everyone is honest but innocent until proven guilty stands last I checked.

Filed: K-1 Visa Country: Wales
Timeline
Posted
10 minutes ago, kvito28 said:

I disagree. I didn't tell my now wife that I was proposing until it happened. I don't see why one should assume that OP is planning to circumvent legal ways of immigration. I know not everyone is honest but innocent until proven guilty stands last I checked.

I do not see anybody suggesting proposing is an issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Georgia
Timeline
Posted
5 minutes ago, Boiler said:

I do not see anybody suggesting proposing is an issue.

Almost every comment to this question either accuses him of immigration fraud (by way of planning to propose) or gives him marital advice. IMO OP asked a straightforward question and deserves a straightforward answer from immigration side of things. Possible relationship issues are to be handled by individuals actually in relationship. I know that adjustment from tourist visa is probably the most hated thing on VJ and for a good reason, however the law allows it as long as the applicant had no intent of entering the country to stay (which it sounds like she doesn't at least until she gets the proposal which will be after the fact). 

 

What I do not know is whether OP planning for this on his side is doing something illegal from immigration stand point. His GF is certainly not.

Filed: Citizen (apr) Country: Jordan
Timeline
Posted
5 minutes ago, kvito28 said:

Almost every comment to this question either accuses him of immigration fraud (by way of planning to propose) or gives him marital advice. IMO OP asked a straightforward question and deserves a straightforward answer from immigration side of things. Possible relationship issues are to be handled by individuals actually in relationship. I know that adjustment from tourist visa is probably the most hated thing on VJ and for a good reason, however the law allows it as long as the applicant had no intent of entering the country to stay (which it sounds like she doesn't at least until she gets the proposal which will be after the fact). 

 

What I do not know is whether OP planning for this on his side is doing something illegal from immigration stand point. His GF is certainly not.

It's 100% absolutely fraud for planning it on his side. Again, it is immigration fraud, illegal and there will be no happy ending if this is what he does. A permanent ban to the U.S.


Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
11 minutes ago, kvito28 said:

Almost every comment to this question either accuses him of immigration fraud (by way of planning to propose)

I haven't seen a single comment which said that.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: K-1 Visa Country: Wales
Timeline
Posted
11 minutes ago, kvito28 said:

Almost every comment to this question either accuses him of immigration fraud (by way of planning to propose) or gives him marital advice. IMO OP asked a straightforward question and deserves a straightforward answer from immigration side of things. Possible relationship issues are to be handled by individuals actually in relationship. I know that adjustment from tourist visa is probably the most hated thing on VJ and for a good reason, however the law allows it as long as the applicant had no intent of entering the country to stay (which it sounds like she doesn't at least until she gets the proposal which will be after the fact). 

 

What I do not know is whether OP planning for this on his side is doing something illegal from immigration stand point. His GF is certainly not.

Most hated thing and for good reason?

 

Most of the people I actually know adjusted

 

On VJ we do not hate, certainly valid to point out that the VWP is non immigrant and all the issues

 

Without the GF joining us, which seems unlikely, who knows if she will even accept a proposal. Especially as the OP seems to expect to leave soon after.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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