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Procedural I-130 i-485

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#1 dcwfn

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Posted 12 May 2017 - 01:08 PM

If a lady enters the USA on a visitor's visa and marries an American citizen while here on that visa, do we have to worry at all about the lack of a K-1 visa?

#2 dcwfn

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Posted 12 May 2017 - 01:09 PM

Or, how much will things be complicated because there was no K-1?

#3 Randy W

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Posted 12 May 2017 - 01:36 PM

You can marry anyone, at any time, anywhere - there are no restrictions, as long as the local jurisdiction allows it. This has nothing to do with immigration or the USCIS.

 

I suspect you have more questions, however. Is there, or was there, an intended green card ?


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#4 dcwfn

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Posted 12 May 2017 - 01:57 PM

If a marriage takes place there will be the start of green card process but it's my guess based on my ex wife's BS that a lot of it will have to do with the specific visa that she already has.

#5 Randy W

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Posted 12 May 2017 - 02:15 PM

If a marriage takes place there will be the start of green card process but it's my guess based on my ex wife's BS that a lot of it will have to do with the specific visa that she already has.

 

 

No - as long as she is legally present, they can marry.

 

The American citizen will file an I-130. If she is eligible for Adjustment of Status, he can also file an I-485, which will allow her to stay. Otherwise, she will need to go back to her home country to await processing of her I-130.

 

You're not providing ANY hints as to their circumstances.


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#6 dcwfn

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Posted 12 May 2017 - 02:24 PM

She is coming into LAX on business for her job.
Things could happen in CA.

#7 dcwfn

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Posted 12 May 2017 - 02:45 PM

She is a comptroller of some kind within her local government.

#8 dcwfn

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Posted 12 May 2017 - 02:57 PM

Either way I won't endure the infamous I-601 process again.....lol NH

#9 dnoblett

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Posted 12 May 2017 - 03:04 PM

In an adjustment of status case filing an I-130 + I-485 from a visit visa the question of intent on using the visit visa to possibly get around the normal CR-1 or K-1 visa process, immigrantion can and often does question intent when they interview to adjust status.
 
Another issue, you say comptroller for a local government, this may also have CCP issues if joining the party was a condition of this job, and in this case, immigration may look on this as intent to avoid CCP issue that comes up in the normal consulate interview process.
 
Tread carefully.
 
In a few cases I have seen people get married state side and then file just an I-130, they don't overstay their visit and return to the home country and interview for a spouse visa.
 
Immigration has no issues with the I-130 + I-485 in work or student visa cases, both of these cases the person adjusting status can show intent was to work or go to school and they found someone and got married.
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#10 Randy W

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Posted 13 May 2017 - 03:16 AM

This seems to hint that YOU are the American citizen.

 

Either way I won't endure the infamous I-601 process again.....lol NH

 

 

This SEEMS  to hint that you knew her before arrival, or that she hasn't yet arrived.

 

She is coming into LAX on business for her job.
Things could happen in CA.

 

 

Why are you leaving us guessing?

 

If it's because marriage is just a twinkle in someone's eye at this point, by all means, go ahead and get married whenever and wherever (and IF) the two of you wish.

 

If you are hoping she can stay after the marriage, you might want to discuss the details with a lawyer who knows your local immigration courts. Yes, it is possible, but you could find her facing a ten year bar for Immigrations fraud.



#11 Randy W

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Posted 13 May 2017 - 05:28 AM

Either K-1 OR the I-130 can be filed while she is visiting in the U.S., and would (most likely) require that she return to China BEFORE the visitor's visa is expired.

 

The K-1 would require that the marriage take place AFTER she enters the country on THAT visa.



#12 dcwfn

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Posted 13 May 2017 - 11:29 AM

This one is coming from Manila.

#13 dcwfn

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Posted 13 May 2017 - 11:31 AM

I didn't mean to be rude. My marriage to Guangzhou in actuality ended 6 or 7 years ago. I am just not starting to feel alive again.

#14 dcwfn

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Posted 13 May 2017 - 05:12 PM

And yes, I am the American citizen.

#15 newacct

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Posted 17 May 2017 - 08:11 PM

Yes, it is possible, but you could find her facing a ten year bar for Immigrations fraud.


It's only fraud if she lies to an officer when entering or when getting the visa.

 

But if she is truthful about her intention to apply to immigrate after marrying when entering, she will likely be denied entry. So hopefully she is not asked.





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