What forms to fill?

[Topaz]

Hello everyone, I was wondering if I could get some help please.

When a foreigner marries a US citizen, exactly what forms are to be filled?
Also, which forms would the US citizen have to fill, and which would the foreigner fill?

Thanks guys and you all have a great day.

[Topaz]

Hello everyone, I was wondering if I could get some help please.

When a foreigner marries a US citizen, exactly what forms are to be filled?
Also, which forms would the US citizen have to fill, and which would the foreigner fill?

Thanks guys and you all have a great day.

[Sprint_girl07]

Hi Topaz, welcome to ilw

Can you clarify please, would the foreigner be already married to the USC and wants to file, or intending to marry the USC?

[Topaz]

Oh! Sorry about not being clear. They are actually already married. They got married a month or two ago in the US.

Btw, thanks for the warm welcome

[Sprint_girl07]

Your Welcome

Sorry another question, is the foreigner still currently in the US, or have they returned home?

Did the foreigner enter on a waiver, or were they here already living here on a visa?

There are different options you see depending whether foreigner is staying here and filing or applying whilst they are in home country.

[Sprint_girl07]

Topaz, if the foreign spouse is in home country, here are the instructions how to file:

Option one: http://www.visajourney.com/forums/in...m&page=k3guide

Option two:
http://www.visajourney.com/forums/in...age=i130guide1

If both spouses residing in US:
http://www.visajourney.com/forums/in...age=i130guide2

Hope this helps

Please don't hesitate to ask any more questions, there are quite a few people here that can help.

[Topaz]

I'm not really sure if she came here on a visa or entered on a waiver.

I think the 3rd link is the best option as the foreigner is already here though. I took a quick glance at the website, and it did seem pretty self explanatory. Will pass the info on to them.

Thanks a million for all your help!

[Sprint_girl07]

You're welcome Topaz.

One more thing, if they apply whilst she is here, there is one important factor that USCIS will take into account. That is that when she visited the US, she had no intent to marry. If it was a spur of the moment kind of thing, she will have a better chance in being approved.
They must also know, that just because they are married now, it does not guarantee that she will be approved. The USC spouse has to be able to sponsor her amongst other things.
They need to read through all the forms thoroughly and obtain all the necessary documents for the filings.
The foreign spouse needs to obtain an original birth certificate from their country and if applicable, have it translated legally.

US immigration frown on people who visit and marry here and stay if they came on a waiver, so if they did, make sure they know what they are getting themselves into. A lot harder then the normal route of CR1 and K3.

[4now]

Even more important as Pirate penguin pointed out. (say that 3x fast) When questioned about marriage plans, make sure it was "spur of the moment" especially if alien came on VWP (visa waiver program) If adjustment of status is denied and the alien came on VWP, then there is no appeal for the decision. It will be final.

[Topaz]

Thanks for all your help guys! You are the best!

(ps, I just love these smileys)

[Sprint_girl07]

You're welcome Topaz, and if you have any other questions, please come back and ask, there are always someone here that can help.

Yeah smileys are good