What can I do now?

[Tim666]

Hello everyone,

 

My girlfriend with her daughter have come to me on a visitor's visa of 6 months. We plan to get married one or two months later. After that I need get her and her daughter's green card. I talked to a local lawyer, who charges me $3000,which is too expensive. So can I fill all the forms without using a lawyers? If so, how many forms do I need to filll and what are they? I found a number 1-800-375-5283, will it help if I call?

 

People told me something which can hold her here longer than 6 months legally,what is it? How to apply for it?

 

 

 

Tim

Edited September 8, 2005 by Tim666 (see edit history)

[tonado]

You will need a lawyer on this one. Your gf and her daughter are supposed to come for visit (not for marriage) and supposed to go back before their visas expire.

[Randy W]

You will need a lawyer on this one.0„2 Your gf and her daughter are supposed to come for visit (not for marriage) and supposed to go back before their visas expire.

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A new visa (such as a K-3) will require longer than the 6 months.

 

A fiance (K-1) visa is usually quicker (NOT quicker than 6 months - quicker than a K-3), although you can apply for a K-1 after you get the receipt for the K-3.

 

I think Tony's right - that she will go back, and you need legal advice, but reliable advice for your situation might be hard to find.

 

My suggestion is to count on her returning after the visa expires, and file for a K-1 (DON'T get married) as soon as you can (you may have to wait until after she leaves)

 

AND . . . read up here on what other people have been through, both with the visa process and lawyers.

 

.

Edited September 8, 2005 by Randy W (see edit history)

[Randy W]

Be careful! If she overstays her 6 month visa BEFORE the K-3 is approved, that can be cause for rejecting the K-3.

 

The I-485 application says to make an InfoPass appointment to determine if you are eligible for an available visa number. But the way I read the I-485 application is that the K-3 must already be approved. This is where (reliable) legal advice might come in handy.

[Dan R]

Listen to the big honcho Don. I know a number of people from different countries who married while here on other than K visas. They did not have to leave for adjustment of status. Read the forms as he said and be sure to follow the intructions to the letter and you should be fine.

[Jeikun]

I have to second that. My ex and I were in a similar situation. She was here on a student visa. You would be filing the I-130 and I-485 (and application for temporary work permission if you like). As long as her visa is still valid when you file, she won't be overstaying - just can't leave while it is being processed. No need for K visas and all that stuff, those are only to get her here, and well, she's already here.

 

The only issue would be if they suspected she used the visitor visa for the sole purpose of coming here to marry you. That could possibly be fraud, and result in deportation. Of course that's not easy to prove. I would advise not getting married too quickly, as that may throw suspicion on you. You really shouldn't have a problem though. Getting here is the hard part, adjusting status is just a waiting game for the most part.

[jim_julian]

I discussed the same situation with a very good immigration lawyer (not the one I'm using, too expensive) and she told me IF you can get your SO into the US legally and IF there is no record of prior intent to get married THEN you can apply as stated above and your SO and child DO NOT need to return to China.

 

Everything said, I think I'd still retain a reputable lawyer, conversant in this type of case, if you can afford it. Be sure to question any lawyer closely ... ask for references from people with a similar situation.

[Tim666]

It seems clear that:

 

1.My girl friend and her daughter dont have to leave usa while I am filing for their green card,but I need get her adjustment of status first?

2.The forms I need to file up are 1_130 and 1_485, thank God, that will be fine for me, not so complicated and many as I thought.So probably, I can do them by myself.

 

I still have some questions:

 

1.When can I apply for the adjustment of status for her? Before our marriage or after,is it at the same time with the green card forms?

 

2.How can I get application for temporary work permit?

[warpedbored]

Like Jason I've been there done that but it was in 1986 and times have changed. My ex wife came here from Japan on a tourist visa and we decided to get married. Like Don mentioned the key word here is intent. If your girlfriend and you don't convince the interviewing officer at your AOS interview that she didn't come here originally to get married she could be deported and banned from re-entering the US for a number of years. Chances are that won't happen but it is a risk and the luck of the draw on the IO.

Good luck

[Jeikun]

It seems clear that:

 

1.My girl friend and her daughter dont have to leave usa while I am filing for their green card,but I need get her adjustment of status first?

2.The forms I need to file up are 1_130 and 1_485, thank God, that will be fine for me, not so complicated and many as I thought.So probably, I can do them by myself.

 

I still have some questions:

 

1.When can I apply for the adjustment of status for her? Before our marriage or after,is it at the same time with the green card forms?

 

2.How can I get application for temporary work permit?

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Adjustment of Status IS applying for the green card. You are adjusting her status from temporary (tourist) to permanent (green card). It's that simple.

 

There are many resources here on the AOS process, search around. Basically, the I-130 and I-485, are the core documents you will need to file. You will file these after your marriage.

 

The application for work permission can be filed at the same time as the I-485.

 

Best of luck. The USCIS website has all the forms you need available for download, and some information as well.

[Tim666]

How can I prove that she didnt intend to come to the states to get married but it just happens that we want to get married?

[tonado]

How can I prove that she didnt intend to come to the states to get married but it just happens that we want to get married?

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Air tickets have a return date to China.

[Randy W]

How can I prove that she didnt intend to come to the states to get married but it just happens that we want to get married?

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The burden of proof is on USCIS. You don't need to prove a negative. There is a supposed 30 day rule whereby marriage in the first 30 days is presumed intent on entry. However, I have read reports of people who have married within a week and sailed through AOS.

 

If her visa allows a long enough stay, give it several months. There's no hurry and one of you may change your mind?

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So what happens at the end of the 6-month visa that would allow her to stay? Is simply filing the I-130 and AOS good enough (along with the NOA1), or would she have some documentation to prove that she can stay past the visa expiration?

 

If the I-130 and/or AOS would go through quickly enough, would they have to be sure to give it enough time to be approved?

 

If this were my case, I would want to know what would (or should) happen at the expiration of the 6 month visa.

Edited September 13, 2005 by Randy W (see edit history)

[Tim666]

She did book the round trip tickets, only it is an open one.

 

One more question, I know she cant work without a working permit.But yesterday, she found a baby sitter's job in the local newspaper, she applied for it, and the people wanted to hire her. But I wonder if she is found out, what will the penalty be?

[LeeFisher3]

She did book the round trip tickets, only it is an open one.

 

One more question, I know she cant work without a working permit.But yesterday, she found a baby sitter's job in the local newspaper, she applied for it, and the people wanted to hire her. But I wonder if she is found out, what will the penalty be?

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Taking a job on a tourist visa can be REAL BAD if she does not receive Employement Authoziation and can even be cause for her to be deported and not allowed back in the US for an extended period of time, meaning YEARS.

 

It's not so much that she took on work, but that she broke the law and under immigration policy that is a tough one to get past. You must consider the issue IF she gets caught and the consequences are extreme.

 

If you are going to get married and file for AOS you can probably also file for EAD (Employment Authorization) at the same time.

 

Depending on where the papers are processed EAD could come relatively soon.