Wondering if I made a mistake marrying in US

[medoraman 0]

Hi, I am new to here and just got married Monday. She is from Thailand and is here on visitor visa, (she has a 10 year visa). She is going back to Thailand in a month to stay until we get her K3. Did we make a mistake getting married? She did not come here on this trip to immigrate, we did not plan to marry but just wanted to. Should we wait until she leaves the US before filing the 130? Did we slow down the process? Any information or suggestions would be appreciated.

Btw, she will probably come here again in Dec for a few weeks, but then go back and plan our Buddhist wedding in Thailand.

[YuAndDan 153]

A few things:

If her intention was NOT to immigrate then you could file to adjust status, as well as AP, and she could travel home with AP, OR remain until AOS is complete.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide2

OR apply for a spousal visa like a CR-1 IMMIGRANT visa, this visa has many advantages over the OPTIONAL K-3.

Keep in mind K-3 (Life-ACT) is a visa type that was developed at at time when USCIS was taking a very long time to process I-130 compared to I-129F (K-1) the K-3's whole reason for existance is to reunite spouses and allow them to wait out the I-130 approval together. Since USCIS has begun the practice of approving I-130 AND I-129F starting last fall, the whole reason for K-3 (Entry to the USA and WAITING for I-130 approval). Since last fall if a person responds to the NVC requests for I-130 things like I-864, and DS-230, the CR-1 can be interviewed within weeks of a possible K-3 interview, not months like in the old days.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC and USCIS has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide1

[candyland 0]

you should be fine i did get married in the states and return home to my home country then my husband start my filing. Everything went smoothly from start to finish. It makes no sense now to do K3, Cr1 is not that long anymore.

[Marina-Del 10]

Yeah, but like YuandDan said, if she did not come to the US with the plan on marrying you then she doesn't have to go home at all and you can file the papers and do her AOS now. Of course, you have to prove (pretty extensively) that she did not come to the US to marry you. You can try to prove this by showing her return ticket home, the job she left waiting for her in Thailand, the house/car/other LARGE possession she left waiting for her in Thailand.

If she doesn't have any of these things it might be pretty difficult to prove that she didn't come to the US with the intention of marrying you. But others can tell you better what exactly you should have to prove that.

But no matter what visa route you use, none of them are mistakes per se. There are some visas that are good for some people and not good for others.

[medoraman 0]

you should be fine i did get married in the states and return home to my home country then my husband start my filing. Everything went smoothly from start to finish. It makes no sense now to do K3, Cr1 is not that long anymore.

Well she needs to go back home to finish a semester of college as an instructor. We also have to have the Buddhist wedding in Thailand. So if I am understanding this correctly, we should file the I-130 and wait for the CR1 visa? Should we wait to file the I-130 until she leaves the US? Does the fact that she is currently here jeapordize our changes with the I-130? Where will her interview be, if we married in the US?

[pushbrk 12,876]

you should be fine i did get married in the states and return home to my home country then my husband start my filing. Everything went smoothly from start to finish. It makes no sense now to do K3, Cr1 is not that long anymore.

Well she needs to go back home to finish a semester of college as an instructor. We also have to have the Buddhist wedding in Thailand. So if I am understanding this correctly, we should file the I-130 and wait for the CR1 visa? Should we wait to file the I-130 until she leaves the US? Does the fact that she is currently here jeapordize our changes with the I-130? Where will her interview be, if we married in the US?

You can file the I-130 while she's here but she must not overstay her allowed time to visit. You "wait" for any visa but CR1 doesn't entail a longer wait than K3 anymore. That's one of the main reasons K3 is virtually obsolete.

[NickD 202]

you should be fine i did get married in the states and return home to my home country then my husband start my filing. Everything went smoothly from start to finish. It makes no sense now to do K3, Cr1 is not that long anymore.

Well she needs to go back home to finish a semester of college as an instructor. We also have to have the Buddhist wedding in Thailand. So if I am understanding this correctly, we should file the I-130 and wait for the CR1 visa? Should we wait to file the I-130 until she leaves the US? Does the fact that she is currently here jeapordize our changes with the I-130? Where will her interview be, if we married in the US?

You can file the I-130 while she's here but she must not overstay her allowed time to visit. You "wait" for any visa but CR1 doesn't entail a longer wait than K3 anymore. That's one of the main reasons K3 is virtually obsolete.

Visa can be good for ten years, but it's that I-94 you have to watch, may only have a 30 day limit, that is the piece of paper you have to watch. Ho does the IO determine how long the I-94 is good for? Basically looks at your return ticket and adds a couple of days, also depends on what side of the bed he/she got up from. I-94 can be extended, but almost cheaper to leave the country and come back.

[DouglasFiel 53]

Hi, I am new to here and just got married Monday. She is from Thailand and is here on visitor visa, (she has a 10 year visa). She is going back to Thailand in a month to stay until we get her K3. Did we make a mistake getting married? She did not come here on this trip to immigrate, we did not plan to marry but just wanted to. Should we wait until she leaves the US before filing the 130? Did we slow down the process? Any information or suggestions would be appreciated.

Btw, she will probably come here again in Dec for a few weeks, but then go back and plan our Buddhist wedding in Thailand.

I might be wrong here,,, But, I seem the remember something to the effect. If you apply for a Immigrant Visa while

she is out of the country. Her current current visa will become invalid. You might want to double check that one. She

could end up in Thailand and not be able to return in Decemeber.

Regards,

[Chica Yeyé 41]

Hi, I am new to here and just got married Monday. She is from Thailand and is here on visitor visa, (she has a 10 year visa). She is going back to Thailand in a month to stay until we get her K3. Did we make a mistake getting married? She did not come here on this trip to immigrate, we did not plan to marry but just wanted to. Should we wait until she leaves the US before filing the 130? Did we slow down the process? Any information or suggestions would be appreciated.

Btw, she will probably come here again in Dec for a few weeks, but then go back and plan our Buddhist wedding in Thailand.

I might be wrong here,,, But, I seem the remember something to the effect. If you apply for a Immigrant Visa while

she is out of the country. Her current current visa will become invalid. You might want to double check that one. She

could end up in Thailand and not be able to return in Decemeber.

Regards,

her visa does not become invalid --- she would just have a heck of a time proving ties to Thailand if she wants to come visit while waiting for her CR-1. A lot of couples come visit with their current visas.

OP: I also concur in filing for the CR-1: a much better visa, no need to adjust status later. Best of luck. The folks over at the Thai threads are a nice and helpful bunch.

[itsallgreektome 0]

Hi, I am new to here and just got married Monday. She is from Thailand and is here on visitor visa, (she has a 10 year visa). She is going back to Thailand in a month to stay until we get her K3. Did we make a mistake getting married? She did not come here on this trip to immigrate, we did not plan to marry but just wanted to. Should we wait until she leaves the US before filing the 130? Did we slow down the process? Any information or suggestions would be appreciated.

Btw, she will probably come here again in Dec for a few weeks, but then go back and plan our Buddhist wedding in Thailand.

You didn't make a mistake but I may be wrong but she doesn't have to go back to Thailand to file K-3. If you can prove that she didn't come to the u.s just to marry you and stay here and get her green card then she can stay and file for a AOS.

[medoraman 0]

Well I submitted today using the advice from this site. Hopefully everything will go smoothly. I am hopeful since everyone has been saying how they have been speeding up I-130's.

I assume she can come here for visits while this is being processed, right?

[Chica Yeyé 41]

Well I submitted today using the advice from this site. Hopefully everything will go smoothly. I am hopeful since everyone has been saying how they have been speeding up I-130's.

I assume she can come here for visits while this is being processed, right?

Like I told you before --- she can try, providing each time she hauls with her enough proof of ties to Thailand (lease, letter from eployer expecting her back, etc.). Even with that evidence, there will always be a risk of her being denied entry. Check out the Thai thread, lots of really nice people there with regional experience might help you as well

[ashbibinyc 0]

Hi, I am new to here and just got married Monday. She is from Thailand and is here on visitor visa, (she has a 10 year visa). She is going back to Thailand in a month to stay until we get her K3. Did we make a mistake getting married? She did not come here on this trip to immigrate, we did not plan to marry but just wanted to. Should we wait until she leaves the US before filing the 130? Did we slow down the process? Any information or suggestions would be appreciated.

Btw, she will probably come here again in Dec for a few weeks, but then go back and plan our Buddhist wedding in Thailand.

If she's already in the States and now you guys are married, it might be easier just to start sorting visa's etc out wihtout her going home. who knows when you might see her if she goes home!

[chinese_mutt 11]

Hi, I am new to here and just got married Monday. She is from Thailand and is here on visitor visa, (she has a 10 year visa). She is going back to Thailand in a month to stay until we get her K3. Did we make a mistake getting married? She did not come here on this trip to immigrate, we did not plan to marry but just wanted to. Should we wait until she leaves the US before filing the 130? Did we slow down the process? Any information or suggestions would be appreciated.

Btw, she will probably come here again in Dec for a few weeks, but then go back and plan our Buddhist wedding in Thailand.

I might be wrong here,,, But, I seem the remember something to the effect. If you apply for a Immigrant Visa while

she is out of the country. Her current current visa will become invalid. You might want to double check that one. She

could end up in Thailand and not be able to return in Decemeber.

Regards,

you know what.. i don't know where i read this info too. i seem to recall reading something like this.

i don't know if it is wrong or right though.. but I do recall a statement to this effect.

gotta ask husband where we read it before.

[blackartemis 0]

Hey, I was in a similar situation.

I married in Thailand and we came to the US, I was/am going for another degree and she planned to stay with me for a few months on a B2 visa. She was going to head home but our local congressman said to apply for adjustment of status. He has backed us up and we are going for our interview on the 5th of August.

Call up your local congressman's office and see what can be done. I doubt you will have any trouble.

I hope this is some help/encouragement. Btw, we arrived in late OCT, and applied in Feb.