Adjustment of status question
Oct 22nd 2001, 8:53 am
#1
Guest
Posts: n/a
I have an adjustment of status question. My GF and I intend to marry in her country
this year. However, I have read Doc Steen's page about adjustment of status and now
I'm curious to know more about it.
If we do not PLAN a marriage - ie she does not quit her job, she does not pack up her
apartment, she does not empty her bank account - and we simply marry when she is here
visiting me on vacation, what is the chances that the INS will have a problem with
this? As long as she doesn't lie when entering the country, and nothing has been
planned in advance (basically we just go down to my town hall and have a Justice of
the Peace marry us), is there any reason the INS would have a problem?
What about the 30/60 rule? Most likely she would be visiting for 1 or 2 weeks -
should we wait 60 days before "deciding" this spur of the moment marriage? It seems
to me that missing her flight home would indicate fraud more than marrying the day
before her flight.
Also, if we did this, and applied for adjustment of status, she obviously WOULD need
to deal with things like packing up her apartment, closing bank accounts, etc. So she
would have to return to her country. Is this a problem? I didn't see anything about
this on the doc steen page. (though I may have missed it)
Thanks
this year. However, I have read Doc Steen's page about adjustment of status and now
I'm curious to know more about it.
If we do not PLAN a marriage - ie she does not quit her job, she does not pack up her
apartment, she does not empty her bank account - and we simply marry when she is here
visiting me on vacation, what is the chances that the INS will have a problem with
this? As long as she doesn't lie when entering the country, and nothing has been
planned in advance (basically we just go down to my town hall and have a Justice of
the Peace marry us), is there any reason the INS would have a problem?
What about the 30/60 rule? Most likely she would be visiting for 1 or 2 weeks -
should we wait 60 days before "deciding" this spur of the moment marriage? It seems
to me that missing her flight home would indicate fraud more than marrying the day
before her flight.
Also, if we did this, and applied for adjustment of status, she obviously WOULD need
to deal with things like packing up her apartment, closing bank accounts, etc. So she
would have to return to her country. Is this a problem? I didn't see anything about
this on the doc steen page. (though I may have missed it)
Thanks
Oct 22nd 2001, 9:04 am
#2
Member
Joined: Apr 2001
Posts: 14,049
Anonymous,
It's all a secret.
You're welcome.
It's all a secret.
You're welcome.
Originally posted by Anonymous
I have an adjustment of status question. My GF and I intend to marry in her country
this year. However, I have read Doc Steen's page about adjustment of status and now
I'm curious to know more about it.
If we do not PLAN a marriage - ie she does not quit her job, she does not pack up her
apartment, she does not empty her bank account - and we simply marry when she is here
visiting me on vacation, what is the chances that the INS will have a problem with
this? As long as she doesn't lie when entering the country, and nothing has been
planned in advance (basically we just go down to my town hall and have a Justice of
the Peace marry us), is there any reason the INS would have a problem?
What about the 30/60 rule? Most likely she would be visiting for 1 or 2 weeks -
should we wait 60 days before "deciding" this spur of the moment marriage? It seems
to me that missing her flight home would indicate fraud more than marrying the day
before her flight.
Also, if we did this, and applied for adjustment of status, she obviously WOULD need
to deal with things like packing up her apartment, closing bank accounts, etc. So she
would have to return to her country. Is this a problem? I didn't see anything about
this on the doc steen page. (though I may have missed it)
Thanks
I have an adjustment of status question. My GF and I intend to marry in her country
this year. However, I have read Doc Steen's page about adjustment of status and now
I'm curious to know more about it.
If we do not PLAN a marriage - ie she does not quit her job, she does not pack up her
apartment, she does not empty her bank account - and we simply marry when she is here
visiting me on vacation, what is the chances that the INS will have a problem with
this? As long as she doesn't lie when entering the country, and nothing has been
planned in advance (basically we just go down to my town hall and have a Justice of
the Peace marry us), is there any reason the INS would have a problem?
What about the 30/60 rule? Most likely she would be visiting for 1 or 2 weeks -
should we wait 60 days before "deciding" this spur of the moment marriage? It seems
to me that missing her flight home would indicate fraud more than marrying the day
before her flight.
Also, if we did this, and applied for adjustment of status, she obviously WOULD need
to deal with things like packing up her apartment, closing bank accounts, etc. So she
would have to return to her country. Is this a problem? I didn't see anything about
this on the doc steen page. (though I may have missed it)
Thanks
Oct 22nd 2001, 9:15 am
#3
Guest
Posts: n/a
anonymous wrote:
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You should be ok, as long as you don't "pre-plan" to marry before she is in the US.
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If she enters on a B1/B2 tourist visa, it is probably best to wait the 90 days. If
she enters on visa waiver, it makes no difference.
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After you had applied for adjustment of her status, she would HAVE to have advance
parole in order to leave and then return to the US...you can apply for it at the same
time that you apply for AOS, however the amount of time that it takes to get it
depends on the local office and might be 60-90 days at some offices (but much quicker
at others possibly).
However, bear in mind, if you already know that you will be marrying, why not apply
for a fiance visa now?
Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
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You should be ok, as long as you don't "pre-plan" to marry before she is in the US.
>
>
>
If she enters on a B1/B2 tourist visa, it is probably best to wait the 90 days. If
she enters on visa waiver, it makes no difference.
>
>
>
After you had applied for adjustment of her status, she would HAVE to have advance
parole in order to leave and then return to the US...you can apply for it at the same
time that you apply for AOS, however the amount of time that it takes to get it
depends on the local office and might be 60-90 days at some offices (but much quicker
at others possibly).
However, bear in mind, if you already know that you will be marrying, why not apply
for a fiance visa now?
Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
