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  • Help!!!

    Hello to all-

    I was hoping to get some advice and information from those with know how and experience in getting married while on a tourist visa. Below is my story:

    I met my girlfriend about 2 years ago, she is from Russia, and I am a born US citizen. I have gone to visit her 4 times in her country and she has came to the US 2 times now on her tourist visa. Currently, she is here in the US with her son since February 20 2015 and her 6 month stay is up in August. We decided we want to get married and not be apart any longer then we already have been. We have a legitimate relationship and are very serious about spending our lives together and would have no problem proving the bonafide relationship we have when we need to. We would like to marry in July.

    My questions are, what forms/documents need to be filed after we marry for adjustment of status? What is the order in which they need to be filed?

    I want to make sure we file all of the necessary forms so that she can legally stay here with me and not have to return to her home country.

    Any help and advice will be greatly appreciated!
    Thank you!
    Marriage-based AOS- CHICAGO Concurrent filing
    08/26/2015 - Priority Date
    09/21/2015 - Biometrics Scheduled/Completed
    01/07/2016 - Interview Chicago Field Office
    03/27/2018 - Notice of Intent to Deny
    04/13/2018 - Submitted Rebuttal to NOID
    06/00/2018 - Received Approved I-130
    06/00/2018 - RFE received for updated Medical Exam
    06/12/2018 - Submitted updated Medical Exam
    07/02/2018 - Received Approval for I485
    07/06/2018 - Received Green Card in Mail

  • #2
    Can anyone offer any assistance?

    Greatly appreciated!
    Marriage-based AOS- CHICAGO Concurrent filing
    08/26/2015 - Priority Date
    09/21/2015 - Biometrics Scheduled/Completed
    01/07/2016 - Interview Chicago Field Office
    03/27/2018 - Notice of Intent to Deny
    04/13/2018 - Submitted Rebuttal to NOID
    06/00/2018 - Received Approved I-130
    06/00/2018 - RFE received for updated Medical Exam
    06/12/2018 - Submitted updated Medical Exam
    07/02/2018 - Received Approval for I485
    07/06/2018 - Received Green Card in Mail

    Comment


    • #4
      Originally posted by helpmylife View Post
      Can anyone offer any assistance?

      Greatly appreciated!
      If you're US citizen, you need to go with Concurrent filing : http://www.uscis.govhttps://www.immi...current-filing

      List of documents can be found in this thread :


      You should consult with Lawyer (it can cost 50 to 200$ for 30min), because if you get married in July and her duration of stay (6 months) is expiring in August. You don't want to risk her being out of status, it leads to further complications.

      Also, you need to gather flight tickets from previous visits to each other supported by pics during those visits. You should able to prove some proof of dating before you decided to marry, as you'll need to file I-130 petition with other forms through concurrent filing right away after marriage & that you knew each other for 2 years, before you decided to marry. You need to start collecting documents right now, sometimes documents gathering takes 1-2 months. Don't forget her Birth Certificate..very important. In some countries, it takes 1-2 months to obtain birth certificates with same name as on Passport.

      You may also need to open joint bank accounts, credit cards & add her on your lease (if renting) & car/medical insurance etc. Marriage invitation, photos with family & friends, certified copies of prior divorce/ death certificates from prior marriages of either spouse, Affidavit from friends/relatives that they know both spouses and verify validity of relationship (possibly from someone present during marriage) etc.

      Also, if she ever had any criminal records/ conviction, you'll need court disposition letter about outcome.
      Last edited by GC0102; 05-26-2015, 09:53 AM.

      Comment


      • #5
        Thanks for that information, so it appears as soon as we are married, we want to quickly file the I-130 petition and I-485 concurrently. I assume I need to do 2 seperate petitions for both her and her son? (totalling 4 petitions?)

        We will have no problem providing documented proof of our relationship and that we have known each other for a minimum of 2 years. We have photos, flight tickets etc.

        If we get married in July, this will give us a month for USCIS to receive the petitions. Even if her 6 month stay has passed before the approval of status change, does she fall into the illegal category? Or because the petition was received she should be ok at that point? my understanding is that it can take some time for the approval, so I wouldnt understand how anyone gets approved before there 6 month stay is surpassed, especially with the 30/60 day rule.

        Thank you so much for the help and any additional answers you may provide!
        Marriage-based AOS- CHICAGO Concurrent filing
        08/26/2015 - Priority Date
        09/21/2015 - Biometrics Scheduled/Completed
        01/07/2016 - Interview Chicago Field Office
        03/27/2018 - Notice of Intent to Deny
        04/13/2018 - Submitted Rebuttal to NOID
        06/00/2018 - Received Approved I-130
        06/00/2018 - RFE received for updated Medical Exam
        06/12/2018 - Submitted updated Medical Exam
        07/02/2018 - Received Approval for I485
        07/06/2018 - Received Green Card in Mail

        Comment


        • #6
          Originally posted by helpmylife View Post

          If we get married in July, this will give us a month for USCIS to receive the petitions. Even if her 6 month stay has passed before the approval of status change, does she fall into the illegal category? Or because the petition was received she should be ok at that point?
          This is where you need to spend some time & money with immigration lawyer. No one is immigration lawyer here; plus every visa type has different rules. Lawyers will provide peace of mind to your queries.

          Comment

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