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Old 03-25-2019, 03:57 PM
 
Location: Seymour, CT
3,639 posts, read 3,339,930 times
Reputation: 3089

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Hi there! I’m a US citizen who recently (6 months ago) met the most amazing woman from Honduras.

She has a tourist visa and was here in the states for about 6 months (4 of which was with me). She has since returned to Honduras in mid January of this year.

I traveled to see her a week later and she’s on her way back here for one week in April.

I really feel like she’s the one for me and have been shopping for engagement rings. Unfortunately the information out there is a little confusing.

I would like to propose to her when she gets here in April, but I’m afraid of what it might look like in terms of immigration being that she is only here for a week.

I don’t know if I should convince her to stay or if she should go back and marry later etc. I’m just hoping for the path of least resistance. I know she loves me and also wants to get married, but she has NO clue what I intend to do.

Any advice?


Some things I'd like to make clear:

* She has no intent to marry or stay at all. She has no clue what I am doing. She is merely visiting her boyfriend

* I am looking for the path of least resistance. If that means a CR1, then that's what I'll do.

* Is an AOS very risky in my case? I can try to make one hell of a case that she had no idea and therefore did not commit visa fraud, but I want to be careful as well.

* I am going to be taking my info to an immigration lawyer should she say "yes". I'm just doing as much research as I can right now.
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Old 03-25-2019, 04:34 PM
 
24,538 posts, read 10,859,092 times
Reputation: 46849
Where is your base of AoS/ spontaneous marriage when you are planning it on CD? I have to look for it - there is a memo out advising against AoS and you hear more and more about denials.

You can go K1 or Cr1. Read up on all requirements on travel.state.gov and uscis.gov which are official sites and actually feed into each other. Ask questions, questions, questions. Spend the money you plan to use for an attorney on a pleasant week with your wife after all is over.
Any skeletons in any closets?
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Old 03-25-2019, 05:23 PM
 
Location: Seymour, CT
3,639 posts, read 3,339,930 times
Reputation: 3089
Quote:
Originally Posted by Threestep View Post
Where is your base of AoS/ spontaneous marriage when you are planning it on CD? I have to look for it - there is a memo out advising against AoS and you hear more and more about denials.

You can go K1 or Cr1. Read up on all requirements on travel.state.gov and uscis.gov which are official sites and actually feed into each other. Ask questions, questions, questions. Spend the money you plan to use for an attorney on a pleasant week with your wife after all is over.
Any skeletons in any closets?
Spontaneity need not be on my part for I am not the one being held bound by the visa requirements. She is visiting me, and has no intentions to do anything.

Her intent is the important bit as I understand.
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Old 03-26-2019, 09:19 PM
 
8,742 posts, read 12,960,798 times
Reputation: 10526
If you love her, then propose to her. If she says yes then you’ll figure out the rest together. She may have to go back to Honduras and wait for her green card. But love concurs all.
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Old 03-27-2019, 12:38 PM
 
Location: Seymour, CT
3,639 posts, read 3,339,930 times
Reputation: 3089
Quote:
Originally Posted by HB2HSV View Post
If you love her, then propose to her. If she says yes then you’ll figure out the rest together. She may have to go back to Honduras and wait for her green card. But love concurs all.
Oh I will!

I guess I won't know how it will go down until it happens though! I know she knows people with experiences and even has lawyer friends.

We shall see!

She's worth it
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Old 03-27-2019, 07:21 PM
 
Location: State of Transition
102,210 posts, read 107,883,295 times
Reputation: 116153
The appropriate way to do this from INS standpoint, let her return to her country, then you hire a lawyer, and file for a fiancee visa on her behalf. The INS doesn't like it, when people come to the US on one type of visa, then try to switch to another. With a lawyer shepherding the paperwork through the system, it should work. I know people who have done it that way. It goes pretty smoothly, as long as the "sponsor" in the US is well-employed.
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Old 03-27-2019, 07:54 PM
 
Location: Seymour, CT
3,639 posts, read 3,339,930 times
Reputation: 3089
I’ll see what happens.

I think it’s perfectly feasible to marry, have her go back home, then file for a cr1.

By going for a Fiance visa you are talking 6 months or so to get the visa, then another 3-4 months for a temporary residence, then another 6-12 months for an AOS.

Or... I get a CR1 and call it a day.

I will see what a lawyer says ^.^
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Old 03-30-2019, 06:51 PM
 
Location: Murica
834 posts, read 1,016,606 times
Reputation: 607
Get ready for the social stigma, and not just from the "right"... My wife is a legal immigrant and I actually lived with her for years in another country before coming here and starting the process.

It doesn't matter which country(most Americans don't even know where my wife's country is).. The second people learn you married an immigrant there is always issues in one way or the other.. It's the same in a lot of countries though simple people need to stigmatize critical thinking and difference to survive...

Things you can look forward too:
  • Aggressive public workers
  • Dirty looks in public whether when she speaks or from looking ethnically foreign
  • Employment issues
  • Hesitance to inform or assist

Even thick skinned people who can kind of combat discrimination with personality and conversation battle with this stuff.. If you were already a misfit it's nothing new though and you're probably smart enough to live outside of "society"..

Last edited by TJJT; 03-30-2019 at 07:04 PM..
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Old 03-31-2019, 08:58 AM
 
24,538 posts, read 10,859,092 times
Reputation: 46849
Quote:
Originally Posted by TJJT View Post
Get ready for the social stigma, and not just from the "right"... My wife is a legal immigrant and I actually lived with her for years in another country before coming here and starting the process.

It doesn't matter which country(most Americans don't even know where my wife's country is).. The second people learn you married an immigrant there is always issues in one way or the other.. It's the same in a lot of countries though simple people need to stigmatize critical thinking and difference to survive...

Things you can look forward too:
  • Aggressive public workers
  • Dirty looks in public whether when she speaks or from looking ethnically foreign
  • Employment issues
  • Hesitance to inform or assist

Even thick skinned people who can kind of combat discrimination with personality and conversation battle with this stuff.. If you were already a misfit it's nothing new though and you're probably smart enough to live outside of "society"..
You sound a bit paranoid. Immigrant here.
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Old 03-31-2019, 09:00 AM
 
24,538 posts, read 10,859,092 times
Reputation: 46849
Quote:
Originally Posted by Ruth4Truth View Post
The appropriate way to do this from INS standpoint, let her return to her country, then you hire a lawyer, and file for a fiancee visa on her behalf. The INS doesn't like it, when people come to the US on one type of visa, then try to switch to another. With a lawyer shepherding the paperwork through the system, it should work. I know people who have done it that way. It goes pretty smoothly, as long as the "sponsor" in the US is well-employed.
INS is back in town? Sponsor income does not come into play for anything but Affidavit of Support and if sponsor cannot fill out basic paperwork thus pays an attorney who will hand him the same forms to fill out.
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