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  • Marry a visitor with child in the US

    Hi, I am a citizen and planning to marry my girlfriend in January, 2017 while she is visiting US the 3rd times. I saw many cases that indicated I should go to the right path (applying a K-1 visa for her), but I want to how risk on this action. She will come to the US again with her 16 years old son in January, 2017. Act on the 30/60 rules, we will get married on the 70th day after they entered into stateside. I then will file the documents to the USCIS in order to petition for her and her son. Most likely we will have an interview and the officer will decide either grant the application or deny. Base on the fact we have known each other more than 20 years, the chance to pass the interview can be high. I want to know if anyone here has the same scenario like my case. Can you share your thoughts and recommendation?

    Thanks for reading,


    JP,

  • #2
    Your intent to marry, then proceed with I-130 and I-485 concurrent processing is the approach that usually works okay, so long as your young lady does not express any "intent to immigrate" at the Port of Entry. Your decision to marry and then submit her paperwork is just an option you may consider, but her entry to the U.S. should not be with that as a specific plan.

    --Ray B

    Originally posted by okpaul View Post
    Hi, I am a citizen and planning to marry my girlfriend in January, 2017 while she is visiting US the 3rd times. I saw many cases that indicated I should go to the right path (applying a K-1 visa for her), but I want to how risk on this action. She will come to the US again with her 16 years old son in January, 2017. Act on the 30/60 rules, we will get married on the 70th day after they entered into stateside. I then will file the documents to the USCIS in order to petition for her and her son. Most likely we will have an interview and the officer will decide either grant the application or deny. Base on the fact we have known each other more than 20 years, the chance to pass the interview can be high. I want to know if anyone here has the same scenario like my case. Can you share your thoughts and recommendation?

    Thanks for reading,


    JP,

    Comment


    • #3
      OP, and by extension his visitor, has already expressed specific immigrant intent to AOS on a visitor visa.

      Comment


      • #4
        Originally posted by okpaul View Post
        Hi, I am a citizen and planning to marry my girlfriend in January, 2017 while she is visiting US the 3rd times. I saw many cases that indicated I should go to the right path (applying a K-1 visa for her), but I want to how risk on this action. She will come to the US again with her 16 years old son in January, 2017. Act on the 30/60 rules, we will get married on the 70th day after they entered into stateside. I then will file the documents to the USCIS in order to petition for her and her son. Most likely we will have an interview and the officer will decide either grant the application or deny. Base on the fact we have known each other more than 20 years, the chance to pass the interview can be high. I want to know if anyone here has the same scenario like my case. Can you share your thoughts and recommendation?

        Thanks for reading,


        JP,
        It's immigration fraud to enter the US on visitor visas with the intent to immigrate. Do it legally and file for a K-1.

        Comment


        • #5
          Marry a visitor with child in the US

          Originally posted by okpaul View Post
          Hi, I am a citizen and planning to marry my girlfriend in January, 2017 while she is visiting US the 3rd times. I saw many cases that indicated I should go to the right path (applying a K-1 visa for her), but I want to how risk on this action. She will come to the US again with her 16 years old son in January, 2017. Act on the 30/60 rules, we will get married on the 70th day after they entered into stateside. I then will file the documents to the USCIS in order to petition for her and her son. Most likely we will have an interview and the officer will decide either grant the application or deny. Base on the fact we have known each other more than 20 years, the chance to pass the interview can be high. I want to know if anyone here has the same scenario like my case. Can you share your thoughts and recommendation?

          Thanks for reading,


          JP,

          "I saw in many cases that indicated I should go to the right path (applying a K-1 visa for her), but I want to how risk on this action"

          This is a tough one..... Apply for the K1, which is the legal and correct thing to do, or commit fraud against the United States of America?

          Petition her with the K1. If you have known her for 20 years, you should not have any issues and it's the right thing to do. If you always do the right thing, you won't need anyone else's advice.

          This is my opinion and not legal advice. Use of this information is strictly at your own risk.

          Trinity71

          Comment

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