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Results 1 to 4 of 4

Thread: help me! lots of questions?????

  1. #1
    i am a uk citizen on a 3 month visa waiver currently staying with my u.s girlfriend. we want to get married and are going to thailand very soon for 2 weeks and are thinking of doing it there. now, will this marriage in thailand be recognised under u.s law and will i be automatically be allowed back into the u.s.?
    then can i stay here and start to apply for a green card? really dont know how to go about this and need advice. obviously we want to be together here so ultimately dont want to be deported for not doing something by the correct procedure. Any suggestions????

  2. #2
    i am a uk citizen on a 3 month visa waiver currently staying with my u.s girlfriend. we want to get married and are going to thailand very soon for 2 weeks and are thinking of doing it there. now, will this marriage in thailand be recognised under u.s law and will i be automatically be allowed back into the u.s.?
    then can i stay here and start to apply for a green card? really dont know how to go about this and need advice. obviously we want to be together here so ultimately dont want to be deported for not doing something by the correct procedure. Any suggestions????

  3. #3
    I'm not sure if a thai wedding will be recognized in the US, but what I know is:

    You cannot reenter the US on a tourist visa if you are married to a USC (United States Citizen) and then apply for AOS (Adjustment of Status to a greencard). that would be considered visa fraud, since a tourist visa is a non-immigrant visa which requires you NOT to have immigrant intent. If you are already married to a USC and are planning to file for AOS you are clearly showing immigrant intent. The two scenarios are 1) you will be turned away at the POE (port of entry) which will make your AOS application more problematic 2) you manage to get back in but run the (very hight) risk of the CIS finding out about it by the time of your interview and puts you in deportation proceedings

    You have three legal options:

    1) get married whereever you want as long as it is recognized by the US government, then return to your home country. Once you return to your home country your spouse can file for a K-3 (for spouse of USC) you would come to the US as a greencard holder, put the process is slow and you would be separated for at least several months (she can come visit you but you probably won't be able to visit her) Same idea but different procedure would be Direct Consular Processing where the two of you can file for a CR-1. I'm not quite sure which one is the better route as it depends on the country how fast consular processing is.

    2) you wait to get married, return to your home coutnry and file for a K-1 visa. The K-1 is a fiancee visa which allows you to legally enter the US, you have 90 days to get married, and can subsequently file for AOS. The K-1 is a lot faster than the K-3 and you would have to give evidence that your relationship is legit (which shouldn't be difficult, granted that you should be able to show that you visited her, pictures,and much more)

    3) get married in the US on your current visa and file for AOS. There would be no separateion time her BUT you will have to fight the same problem I described above in no 1. Visa fraud. You would be fine going this route if you:
    a) wait as long as possible to get married on this visa,to have a large time frame between when you entered and when you get married, which will make point b) easier to prove. even overstay is forgiven with marriage based AOS (but make sure that you DO NOT leave the country until you have your greencard if you overstayed more than 180 days , since that would trigger a bar, for which you would have to submit a hardship waiver etc, in simple terms you would have a big mess)

    b) convince CIS that your wedding was a "spur of the moment" thing (but make sure you still get pics etc, to prove later that your marriage is legit)

  4. #4
    A GREAT forum with LOTS of information to help you is
    http://www.immigrate2us.net

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