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SO legally adopted her when she was three because the parents aren't around...so essentially she is her daughter.
Okay, I won't snoop around. But I do expect some kind of honesty when I could have easily asked Mike to stay at a hotel when he arrived.
Yes, she's her daughter. Glad you're not snooping. You're absolutely right that you could have had "Mike" stay in a hotel and it was very nice of you to let him stay under your roof with his girlfriend (not all parents are so liberal). But your SO does have a right to know what's going on with her daughter (you really don't, by the way!) and you need to get to the bottom of this before the girl makes a dreadful mistake which will take a long time to extricate herself from if things go sideways.
Even if the couple marries, obtaining a GC through marriage (and thus be legally employable) is a long drawn out process which sometimes takes years.
This is true, but - while the actual Green Card can drag out, the spouse of a US citizen is in fact legally employable while the USCIS machinery grinds. You need an EAD, which comes faster.
Here's how it works: No matter what, the young couple must file for the groom's change of status (I-485 - Petition for Alien Relative) once married, or he'll end up overstaying his K-1.
At the same time, the young man can (should) file I-765 (Application for Employment Authorization) which has a much lower turn-around time - 30-90 days - and will provide him with an EAD, "Employment Authorization Document" - which in turn allows him to work. Presto, work permit 90 days after filing - which counts as supersonic for immigration authorities.
I strongly urge people to file I-131, Application for Travel Document ("Advance Parole") which lets him travel out of the US without abandoning his I-485 application. Just in case.
My SO isn't concerned about all this yet as she can't confront her until they come back from their vacation. Whereas I would have picked up the dang phone and asked. But of course, patience is a virtue.
Right now, her primary concern is whether or not "Melissa" can ride under her insurance (health, car, life) plans if she becomes legally married to "Mike". What do you all think?
Right now, her primary concern is whether or not "Melissa" can ride under her insurance (health, car, life) plans if she becomes legally married to "Mike". What do you all think?
Well none of that is an immigration issue and the same rules would apply whether she married a US citizen or a non US citizen. Questions for another forum or the insurance carriers themselves.
She is her biological niece, legally adopted daughter. I don't like the term "daughter" because I'm only nine years older than she is...semantics.
I'm assuming that "Melissa" is the sponsor if there is indeed a K1 Visa.
But again, we're not going to speculate until they come back. SO just wants her to realize the consequences of making long-term decisions without thinking them through. But this is the nature of love---some don't use their brains when making decisions.
I forgot to add---"Mike" claims he came in on a B2 Visa. Its just that to me, it doesn't make sense---he purchased a one way ticket to here. Wouldn't that raise some kind of suspicion to a Customs officer at the point of entry?
Last edited by xlroadster; 04-14-2012 at 02:09 PM..
We called Mike and asked him what kind of Visa he got. He said it is a B2 Visa.
We asked what kind of plane ticket he bought. He said it was a one-way.
When we told him we thought the POE officer wouldn't let him in since a one-way ticket doesn't show intent of returning to the UK, he said that his stay was good for six months and he didn't have to buy one before he came.
Mike also said that he just didn't see the point of buying a return ticket if he was going to get a work Visa or adjustment of status.
This all stinks of possessing that K1 Visa. Of course we didn't tell him what we thought and just acted dumb and said "OK, see ya when you get home. Enjoy your trip".
His answers just don't add up. Wouldn't you agree?
Sounds to me like he came in on a fiancee visa if you have seen an approval notice sent to your daughter from U.S. CIS....nothing else really makes any sense. If he came as a fiancee then they must get married within 90 days and file for adjustment of status (I-485) which will allow him to get an employment card within 90 days of filing. With the employment card he can obtain a social security card and drivers license and get a job.
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Damn, this takes me back...
