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Results 1 to 8 of 8

Thread: USC just married Korean girl, what's greencard process?

  1. #1
    She is in the U.S. as a visitor (B1 status) and the I-94 runs out on June 20. I have downloaded forms I-130, G-325A, and I-485 and I'm waiting for some documentation before I can file the forms. BTW, the marriage is completely legit. My specific question is should I file just the I-130 along with the required G-325A's (and other docs) and wait for approval before filing the I-485 (AOS)?

    Also, if anyone has any general advice on this process, I would love to hear it.

    Thanks, GWBFriend

  2. #2
    She is in the U.S. as a visitor (B1 status) and the I-94 runs out on June 20. I have downloaded forms I-130, G-325A, and I-485 and I'm waiting for some documentation before I can file the forms. BTW, the marriage is completely legit. My specific question is should I file just the I-130 along with the required G-325A's (and other docs) and wait for approval before filing the I-485 (AOS)?

    Also, if anyone has any general advice on this process, I would love to hear it.

    Thanks, GWBFriend

  3. #3
    Not much advice, just a question:

    Did she meet you and decide to marry AFTER getting B-1 visa and entering country or BEFORE?

    If latter be the case she might be charged with fraudulently obtaining B-1 visa to immigrate to US.

  4. #4
    Thanks E. for pointing this out. We didn't even talk about marriage until AFTER we met in person (AFTER comming here on her B-1 visa). Of course, I don't know that there is any way to prove this one way or the other. I do find it strange that this would matter, though, because if we did decide to marry before meeting she could have gotten a fiance visa instead of a B-1. I would also think that deciding to marry BEFORE getting B-1 visa would not constitute fraud - she would have to knowingly obtain B-1 visa in an attempt to immigrate to U.S. (and deciding to marry and attempting to immigrate are 2 different things). Both of us knew very little about visas and immigration until recently. I guess I'm trying to rationalize how minor this point SHOULD BE to the Immigration People and emphasize how much I hate stupid rules and bureaucracy in this country.

  5. #5
    Well, keep in mind that it is not me but
    USCIS whom you have to convince.

    Now, it is my understanding that she went to the US Embassy to obtain a visa.
    She had to fill out out form I-154 (if I am not mistaken) and answer questions by the Consular officer about intentions of her trip, people she knew here and etc.

    It appears that you knew each other before she got B-1 and you must have had some kind of relationship developed in order to reach an important decision to marry within 6 month period of her arrival ( I assume she entered with I-94 stamped with B-1 valid for 6 month:I assume, I don't know whether she extended it or not).

    Now, if she told consular officials about existing relationship (even if it was just a good frindship), and if they gave her B-1 anyway, then you might be fine.
    Otherwise, they will question why did she withhold the information about having a good relationship with you.
    Or, if she claims she didn't, then the question will be how did you guys fall in love so quickly after her arrival here.

    Not that there is no love from first sight, but it just doesn't look good in light of existing rules, regulations and visa abuses that everyone is aware of.

    Good luck,

    E.

  6. #6
    GWBFriend...

    without going into discussion ... just read this and u have all answers to ur possible questions... good luck... Pasha

    Some people found love when they are visiting the US as a tourist. Their visa maybe on a B-1, B-2, J-1 visa, etc. When love conquers, it really conquers everyone.

    Most couple met on the Internet, writing letters as pen-pals, or in other message boards, and so on. You now want to meet in person before actually making a commitment. You will be taking a chance of whatever the consequences will be. You decided to come as a tourist, meet, and a decision will be made whether you want to marry or not. First, you want to know everything about him/her. You are concerned because it will be your future that is at stake.

    If the decision is to marry while in the US, you can stay while you wait for your status to be adjusted. But be sure you are making the right decision on this one.

    I would recommend that the best choice is applying for a K-1 visa or Direct Consular Filing (see K-1/DCF Procedures).

    If you are on a tourist visa, do not marry someone whom you just met within a week or two. This will be considered as a fraud. You have to wait. There is a 30/60 day rule about entering on a tourist visa and marriage. You can read it here - 9Fam 40.63 N47-1 Applying 30/60 dat rule When Alien Violates Status.

    You can adjust your status based on marriage to a U.S. Citizen only if the marriage was done on a "spur of the moment". This means that you did not enter the US with the intent to marry but made the decision to marry after the entry. Adjusting status on this basis is not allowed for those who entered the U.S. illegally. If you cannot meet the requirement, I would say that you cannot marry on a tourist visa.

    You can also marry a US citizen even when you are way out of status and make the necessary adjustments. (In some other cases, an attorney maybe advisable.) When the petition has been filed, do not leave the US or you will be on a 3 - 10 year ban in entering the US but you can apply for an EAD card(Employment Authorization).

    I would like to mention that if you come to the US as a tourist, you might be denied when you marry right away. It will be very difficult to prove when you misrepresent yourself. Timing is good in this situation. If you enter on a visa waiver, marry, and your AOS is denied, you can be deported right away. Having a criminal record, a drug addict or cannot work because of mental or any health problems and will become a public charge are some causes of denial.

    According to the law, you maybe ineligible for adjustment of status to permanent resident status if you entered the US while:

    in transit to another country without obtaining a visa
    a nonimmigrant crewman seeking to enter the US for a purpose
    not admitted on your Port of entry after being inspected by a US Immigration officer
    employed in the US without INS authorization
    A B-1 visa is use by business people when visiting the US for business purposes while a B-2 visa is use by everyone for pleasure.

    If you come to the US with a B-1/B-2 visa and marries an American citizen while in the US, you may change depending on what status you are in. The US citizen spouse should file an I-130 petition and while papers are being process, you can apply for an EAD (Employment Authorization). Do not leave the US because a pledge was violated "wherein the visitor could be banned from coming to the US for about ten (10) years".

    When a US citizen falls in love with a person on a B-1/B-2 visa in the US, a fiance visa (K-1) would be the best answer. Proof of your meeting is required which is there would qualify the American fiance to file a petition for the purpose of marriage. The foreign fiance would have to return home to await the visa process but the process is much faster than it would take for a spousal visa. The visa would be issued by the US Consulate in his/her home country.

    Questions frequently asked is that if a citizen can marry a illegal alien. A person who overstays her/his visa may adjust status in the US. As quoted by Carl Shusterman "That depends on what type of illegal alien you marry. Generally, someone who overstays his visa or violates his status may adjust status in the United States if he marries a US Citizen. However, a person who originally entered the US without being inspected by an immigration officer is ineligible to adjust status or obtain a work authorization in the US, with a few exceptions."

    The US citizen also needs to have a minimum of 125% of the poverty line in income in order to file the adjustment of status of the alien spouse. If you do not have adequate income to sponsor the alien spouse, you can have a co-sponsor who can be any US citizen or resident who has enough income.

    Regarding the overstaying on your B1/B2 visa when you have a K-1 petition filed - If you overstayed a previous visa, you could be subjected to a 3-10 year ban depending on how long you stayed. This can also mean that you could be inadmissible during that time and even though you have a petition. The INS might turned you away at the POE. For more information, see Fianceé Visa Application


    --------------------------------------------------------------------------------

    Here are some couples who made it through:

    Thank you for the sharing your experiences.

    I married my US husband on a tourist visa. I had gone to and from the US several times on tourist visas whilst I was engaged to him..then on the 5th time, married him in the states. We have been married for almost 3 years now with no problems. Dealing with INS in changing status was straight forward and didn't take long at all. I never had to leave the country either while my status was being changed/processed.

    We were aware that what we were doing was nothing short of breaking the law, but we didn't want to face the fees and the separation from each other in applying for a Fiancee Visa. This worked out find and dandy. We just had to make it look like we met and married on my final tourist visa trip. That's not hard to do, just compose a "falling in love on the spur of the moment" story that you both agree on and one you will implement if questions are asked.

    I'm not recommending it to everyone because some people are too obsessed with dishonesty of it and will mess it up. But if you are determined couple and want to marry ASAP and get on with your lives and you feel comfortable with doing it, it will always be an option to you. I wish you well.


    San Francisco, California
    We had our AOS interview this morning at the San Francisco INS office. The appointment was for 10.30; they saw us at around 10.50. We had an attorney present. I'm Australian, my wife is a U.S. citizen. I entered the country on a visa waiver and ended up getting married and staying here.

    The interviewer was business-like but not unfriendly. Naturally, the first thing he did was have us swear to tell the truth, the whole truth, and nothing but, then proceeded to verify all the information in our 1-485 form. Once he was satisfied with that, he bagan to ask us about the circumstances of our relationship.

    Most of his questions were directed towards my wife. He was quickly satisfied with her story of how we met, took a look at our wedding al*** when offered, and asked us about each other's families (had we met, who was at the wedding, etc). He then asked to see some documents like tax returns, etc. As it happens, we neglected to bring much in the way of documentation for our '99 tax return, but that didn't seem to matter. We had a lot of other stuff prepared, such as letters, bank statements, photographs, insurance polices, and so on, but he asked for very little and mainly looked at what we offered to him proactively. It was all quite painless. At the end of the interview, no more than 15 minutes, he discarded my work authorization card and stamped my passport with the I-551, told us to apply for removal of provisional status in 2 years, and that was it.

    Given that we met on the Internet, and that I married after entering the USA as a visitor, we were pleasantly surprised at how painless the whole thing was.

    This is my first post but have been reading and this really helped our process.


    Chicago, IL
    I found this site really helpful and therefore wanted to share my expirience hoping it will help somene else. I applied for adjustment of status in Chicago, IL. My case was not a K-1, since I was here on a B1 visa when I got married to my husband (US citizen).. Anyway, I have to say that the Chicago office is really good and they hadeled my case in a timely manner. They quoted 18 months for interview, it actually took 20, only because of the September 11th. Our interview was really easy. I have to mention though that I am 9 monts pregnant and am due any time now, so when the officer saw my belly entering the room 5 minutes before me he just said that it is obvious that no matter how me and my husband met, our meeting was a good one. Than he asked me what documents I had with me, and I had a lot. I gave him: new affidavit, new medical, copies of credit card and statements, copies of bank statement (joint account), copies of my husbands CD bank account showing me as a trustee! , copies of electric bills with my name on it, donation envelopes from our church, and I had a lot more but he just asked me for 2 photos that he can keep in the file. I gave him 2 photos of our weddig ceremony and that was it.. he took my I-94 and advance parole, stamped my passport, no questions asked, except for the ones on I-485 about the crime, detention and that stuff. We only waited 20 minutes past our interview appointment to be called in, the staff was really nice, seeing that I'm pregnant and uncomfortable they offered to help. The officer was very professional, but also very friendly, he saw that I am nervous and urged me to relax. All in all, my experience was great and all I can say is that if it is real love it always wins... ALWAYS!!! My green card is now conditional since we have been married for "only" 1 year and 11 months (***mer... we were just 1 month short).

    Good luck to all of you who are waiting for that letter and are getting ready for the examination. My advice is to have your documents nicely arranged so you know where to find them when they ask for them. I had one folder with copies ( for the INS), and one folder with the originals, in case they want to see them.

    Good luck again!!!


    Detroit, MI
    Applied with my Eastern European wife for AOS in Detroit on about May 15, 2000. (only 11 months from applications to appointment).

    Received letter for appointment about 10 days ago. Went on interview today and her passport was stamped.

    Only additional information I supplied today was proof of being together which included bank statement, electric bill, and insurance. Did not ask to see photos or originals of anything.

    It was not a K-1. She was here when I met her.


    Bloomington, MN
    Now in case you missed my subject line, let me repeat myself....WOO HOO!!

    My daughter and I had our I130 AOS interviews today and are now Conditional Permanent Residents....less than 4 months after filing! Our timeline is as follows:

    May 27/00 Entered US from Canada for a 2 week visit
    June 05/00 Said to **** with a Fiance Visa and married my USC
    July 19/00 Filed I130 and all supporting documentation at Bloomington, MN.
    EAD - granted same day.
    Aug 05/00 Received AP
    Nov 13/00 CPR!!!
    Although our interviews were at 8:00 and 8:30 a.m., we didn't get in to see an officer until 9:00. After swearing in and fingerprinting, most of the next 20 minutes was taken up with her filling in the paperwork for approval. I almost had to force our medicals on her (not submitted previously) and the same went for our letters of employment. I had lots of supporting documentation for our relationship, and she didn't want to see any of it. I guess I'll save it all for a potential interview in a couple of years for removal of conditions. She did take back our AP documents (but only after I mentioned it) but not my EAD (which I forgot to mention).

    I thought I read somewhere that we had to carry evidence of our status at all times. Does this mean that we have to carry our passports until the actual card arrives? This seems ridiculous to me, especially for my 9 year old. I'd rather tuck them away in the safe until our next trip to Canada.

    I've been (and will continue to be) an avid reader of the newsgroup, and am thankful for the information contained herein. I'm glad to have caught up with the Grinch status wise, but I know that no one will ever touch him wit wise.


    Cleveland, OH
    My husband entered on a B1/B2 visa in 1998 and while on his visit he asked me to marry him, I said yes and we married. Before marrying , we called a local immigration attorney and she told us if he didn't want to return to the UK, it would be alright for us to file AOS with him staying here. We did just that and indeed there was no problem with our adjusting status. (Filed through Cleveland)

    Steve received his conditional permanent resident status in December 1999. This past August we filed his I-751 to have those conditions removed and recieved our NOA 17 days later. Now just waiting for his new card 10 year green card. (I hear that will be a long wait.....lol!) =o)


    To all interested in tourist visas for Russians

    A long, long time ago (OK, last week), in a galaxy far away (OK, in another thread on this newsgroup), Darth Vader (well, actually another NG member) wrote: ------

    So, you can continue to just claim "impossible", or you can try to hunt down stories/anecdotes/etc... of those who were successful. Michael Voight met his Russian wife initially in the U.S. on a B-1 visa. JD-H? met her Russian husband here in the U.S. on some non-immigrant visa. Were they tourist visas per se?

    No. But I'll bet the next Aeroflot jet arriving in New York from Moscow has some Russians with tourist visas on it. Let's try to find out their stories. --------

    Well, in the past few days, I have found two people whose fiancees were able to get tourist visas from Russia. Here are their circumstances:

    Was still married (divorce pending).
    Was no longer married, but did not mention divorce or correctly state marital status when applying.
    There have been two others as well, but both involved people with "priors"--multiple previous visits to the U.S. on visas first granted more than 2-3 years ago.

    I will be trying to research this issue the next two weeks while in Russia. I would appreciate it if anyone who has any recent Russian tourist visa success stories that pertain to divorced or single women, regardless of age, could post them here so I could check them on my return. Relevant data include age, marital status, income, assets, and previous visa/travel history.


    A lot of people asked questions regarding marriage to a tourist. (from the newsgroup alt.visa.us.marriage-based i.e)
    Please note that these are people who wants to help, not lawyers. For legal advice, see a lawyer.


    Q:I'd like some comments on my situation...

    I am here in the US visiting my boyfriend. I entered at DFW on April 18th of this year and then flew on to San Antonio where my boyfriend came to pick me up. The INS officer at DFW airport asked me a few questions. He asked me what I was doing in the US and I told him I was here for a vacation. He asked me how much money I had and the amount I told him seemed to satisfy him even though it would be stretching it very thinly for my 3 month return ticket. He also asked me if I knew anybody in San Antonio and I told him no.

    I did not lie to him at all and did not intend to marry my boyfriend when I travelled to the US. But my boyfriend and I are talking about getting married and wanted to know if anybody thinks we may run into trouble with INS if I were to stay in the US and marry and adjust status as I entered on the via waiver program. And also would the fact that I visited my boyfriend from Feb 21 to Mar 7 this year make them suspicious of anything coming back only 6 weeks later. The INS officer saw the stamp that was placed in my passport at IAH but didn't comment on it. My boyfriend and I were thinking of getting married on May 25th, do you think this is too soon?

    A: I was married under similar circumstances and had my AOS interview last month. The fact that I entered on a tourist visa and married on a tourist visa was addressed by the officer - just a few questions to verify that I did not intend to marry when I last entered. She seemed satisfied with my responses and moved onto other things. Keep in mind though that situations do vary according to which officer you get.

    There are a few specific things the officer will look for to verify that you married spontaneously: - don't marry until you've been here over one month from last entry to US (so you're date of May 25 may be cutting it just a little too close). - don't have a big wedding (no catering, professional photographer) and they may find it suspicious if the foreign family attended (because it's supposed to have happened spur of the moment).


    Q:I am a Canadian citizen living in Canada and my husband is American. We were married in the US in April. I have been offered a job in Indiana and they would like me to start December 1st. Is this remotely possible?

    A -1: Probably not. I-130 petitions are taking anywhere from 9-12 months, and Canada does not accept direct consular filing, so your husband has no choice except to file through a service center. And they are all miserably slow. Yes, it's unfair, we all hate it, somebody ought to change this...etc...etc...etc...but the hard facts are, there is no quick route to an I-130 unless you were already inside the US.

    Interestingly, IF you entered the US by land at a border crossing, and were not asked anything about whether you were staying to establish residence, whether you were married, or anything else pertinent to residence or marriage, and if you did not have to state that you were vacationing and intended to return to Canada, you could stay in the US and file for adjustment of status from what I have read. It might be worth considering an attempt at entry and see how far you get, especially if you know of a border crossing that does not check closely. If they did not ask you *anything*, or if they did *not* check your ID, you would be home free, I think. You could file for adjustment of status and get a work permit rather quickly at most INs offices.

    I'm not suggesting that you try this, just making you aware of how the system works, by the way.

    A -2: As the others have suggested, you should enter the US "on vacation" and apply for I-130 when you get here. I am a Canadian and my (now) husband is US. We live in New York. I entered with 2 suitcases with all my stuff and I have never gone back. We got married and applied for AOS. Typically, it takes 3-4 months to process, or so INS claims. I've been waiting almost 3 months, but I'm not holding my breath.

    Entering the US from Canada shouldn't be a problem as long as it doesn't appear as though you are moving. I mailed a lot of my junk to myself a couple of months prior to leaving Canada. I always included a fake note in the box to give the appearance that contents were gifts incase of customs inspection.


    A good advice: If you enter the US on a visa waiver or a tourist visa and misrepresent your intentions verbally or in writing to a US official it will cause you no end of problems.

    If you come with the intention of marrying but manage to enter the US without being questioned closely on your intentions then you may be able to adjust status without further problems. There are many schools of thought on this. If you go to www.deja.com create an account and use their search to search this group using 'tourist visa' or something like that you will find a whole Bucketload of opinions on this. Then baby the choice is yours.


    Q: When applying for a tourist visa do they actually ask you if you have a fiancee in the US? Luckily I can enter on a British passport so don't really need to apply for a tourist visa. The reality is that we are planning to marry outside of the US and come in already married, but not to squeak a peep. Will that cause problems later on do you think??

    A: While the visa waiver does not have an application per se, be aware that when you pass through immigration on entry into the US, immigration can STILL question you as to the purpose of your visit, and you should be totally truthful. It's fine to say that you're here to visit a "friend," but if they further question you regarding whether you have a US fiance, you should be truthful...one lie can screw your immigration plans for a lifetime, just know that. They can and do ask some people if they have US fiances.

    Marriage outside the US and then entering already married *may* cause you problems later on. If you plan to pursue this avenue, you should probably consult an immigration attorney regarding this plan to be sure that you don't run into trouble later on down the road, frankly.


    Q:I have been Landed a Immigrant (Permanent Resident) of Canada for almost one year. Before that I was a graduate student in US for more than 5 years. I just started a new job here in Canada about a month ago. A few days ago I went to the US consulate for a Visitor's Visa. I planned a trip over weekend to a southern US destination with an American friend of mine. To my surprise and frustration visa was "refused". They told me that I didn't have enough time on the job to be considered having the necessary ties with Canada. My argument was that I was in US for a long time and I decided on my will to move to Canada. If I wanted to stay there illegally, I would have done it. The official at the consulate argued that I might have changed my mind. She suggested that I should give it a try after 6 or 7 months. I don't understand how is 6-7 months going to make a difference?

    A: It's exactly the way the consular officer described it: after six months, they assume that you are well established in your job. Many people quit a new job during the first few days when things don't turn out the way they expected them to. I'm not sure about Canadian regulations, but keep in mind that each country makes their own rules, and reciprocity may or may not be a factor. In this case, the US essentially says that you are still considered a citizen of your home country and are to be treated the same way.

    Q: I am not sure if my application for visa is considered refused or not. They put a stamp in my passport with the text: "Application Received on (date)", and gave me a letter explaining briefly why I cannot be issued a visa at this point. Does that mean that visa is refused?

    A: Yes.


    Q:How long before the expiry of the B2 Visitor Visa are you allowed to renew.

    A: Are you talking about the visitor visa or the status? If you are talking about the visa (stamp in your passport): there is no renewal. You have to apply for a completely new one a reasonable amount of time before you plan to travel.

    If you are talking about your status: as long as INS receives the application before the B-2 expires, you are fine. You can send it as early as you want.

  7. #7

  8. #8
    to answer the original question:

    DO submit I-130 and I-485 at the same time at the local office (and of course, applications for a work permit and travel docs). This way, your wife will be eligible to work and travel while she is waiting for adjustment of status.

    If you apply for the immigrant visa number (I-130) only, you will have to wait for 1.5 -2 years until it's approved and then apply for I-485. Your wife will not be able to work in the meanwhile.

    Good luck!

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