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My girlfriend is in the US on a tourist visa and has a couple more months before she has to return. We have been talking marriage but I would like to know if it is better to get married with her here now and file for an adjustment of status or have her leave and then file for a K1 for her?
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Getting married
Since she's already here, go ahead with the marriage and then file for her. Good luck. -
Married and file papers asap
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I don't know if it will make a difference in the paperwork but she does have a young child still overseas and we want to bring him over as well. Do we still marry and file paperwork and how soon before she could bring himover as well.Comment
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If you are a U.S. citizen and marry the young lady, you can petition the child with a separate I-130 at the same time that you submit an I-130 petition for your new wife.
--Ray B
Originally posted by morepower View PostComment
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I don't know your living situation in regards to the young child but please remember if you decide to AOS then there could be a considerable waiting period before your partner can return home to see her child using the Advance Patrol document which you should apply for at the same time.Comment
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If he marries the gal, the child would have to be petitioned as an immigrant, just like mom, unless the petitioner is a Green Card holder. No "Advance Parole" would be needed for the child to leave the U.S after arriving and getting his Green Card.
But if he brings the gal as a fiance, the child is eligible for a derivative K2 visa. Once in the U.S. and after he marries his K1 bride, the mom or child would be eligible for Advance Parole about 3 months after the Adjustment paperwork is submitted.
--Ray B
Originally posted by WhoDaDaddy View PostComment
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The 'gal' is already in the US. There is no guarantee she'll be approved for a fiance visa. OP hasn't specified the country she's from, and whether or not VWP is an option to allow another trip to the US down the road.Originally posted by rayb View PostComment
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Daggit,
Unless his fiancee has intentions of waiting for a visa in her home country, he cannot petition her for a fiancee visa if she remains in the U.S. (because she is already in the U.S. and doesn't need a visa).
If he marries her and she remains in the U.S., he will have to petition the child with a separate I-130, since the child cannot get a derivative visa if mother is being petitioned by a U.S. citizen with an immigrant visa (I-130).
--Ray B
Originally posted by daggit View PostComment
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Thank you everyone for your responses. She is from Indonesia and the only problem is going to be the difficulty of her not being able to see her child for a long period of time. Is there something I can do to allow her to travel back and forth to Indonesia to see her child while I'm waiting on hers and his I-130? I am a US citizen by the way.Comment
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If your gal is in the U.S. on a nonimmigrant visa and you marry and petition/adjust her status, it is not advisable for your new wife to leave the U.S. during the 6-month Adjustment processing, or she might be deemed a visa overstay and subject to overstay penalties.
Once your gal gets her Green Card, about 6 months after submittal, she can leave the U.S. safely. In the meantime, you should have submitted an I-130 for the child, which will take about 10 months for vsia eligibility.
--Ray B
Originally posted by morepower View PostComment
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6 months is the usual waiting time. Seeing as how things are going, it may take her a year or more depending upon the location of their office.Comment
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