flairon

Basically, the advise would appear to be correct. Bottom line is that so long as he entered legally, and did not intend to get married and stay at the point of entering the U.S. you can get married and apply for permanent residence.

However, if you were to get married within the 90 days it may suggest that he misrepresented his intentions at the point of entry.

Ultimately if one enters legally, but then overstays their period of admission, they can successfully apply to adjust status if they marry a U.S. citizen and meets other qualifying criteria. This remains the case, even if they over stay by several years.

fatbrit

Is this good advice for the ninth?

flairon

?????

I note they have decided not to appply for aos at this time. That being the case, I would agree that the I-129F would be the correct and proper way to go. So long as you submit enough evidence as to the validity of your relationship and the fact that you have actually met, it is not as tedious as some suggest (save of course the time factor). Pictures, airline tickets, emails, cards, letters, affidavits etc....

I know a few that went down this path with little to no problems.

fatbrit

I'm wondering about the waiting more than 90 days in the ninth.

flairon

Not sure what you mean by the ninth? Do you mean appying for employment authorization or simply waitibng to apply to adjust status once he enters the U.S.? If the latter, it should not be an issue if he enters on the fiancee visa. In that case, they cdan get married and apply to adjust status straight away.

fatbrit

Perhaps I should have written the Ninth? I'm asking if your advice to adjust status after the elapse of the I-94W holds good if the beneficiary lives within the area covered by the Ninth Circuit Court of Appeals.

Rete

Even writing Ninth wouldn't have done it. It didn't for me and I'm sure taht newbies won't have a clue about the Ninth District Court and their arbitrary rulings.

In fact, as I'm not Meauxna, Meaxie thanks her lucky stars, I don't even know what jurisdiction is the Ninth. Just know that Folinsky goes on about it from time to time.

Wenchy

Hi all...many thanks again for all the replies.

So it seems we are still leaning towards doing the K-1. So long as he can visit me while it's all in the approval process, that's what we want to do for sure. It seems the best way to go. The information I have received here just tells me that's the best way for us.

Are there any rules about my boyfriend having to be in the US/not allowed in the US when I start the I-129f?

fatbrit

I was being obtuse. Do you think we can ignore the ruling now?

fatbrit

Nope. File away.

jeffreyhy

W,

The same rules that apply to any other wanna-be visitor.

Regaards, JEff

Rete

Thought you were just a little overweight.

WARPed

No rules. You may find it easier to prep all the paperwork and arrange the I129-F packet while he is around. That way you can both go get your pics taken together, he can fill/sign his forms, you can fill yours, then you can check each others for problems/mistakes. It puts the responsibility on both of your shoulders and therefore takes some of the strain off you.

Again it isn't a difficult process. Just time consuming so an extra pair of eyes and hands will help.

Good luck.

Wenchy

That's great, thank you!