First step is to enter legally or you will not be able to adjust your status in the US.
Second step is to wait at least 60 days or you could be found to have misrepresented your purpose of entry and entered fraudulently.
So, If you don't have a visa, best to have your spouse come to Mexico and get married there and have them file for the immediate relative petition back in the US and then after approval you would go through the visa process in CJ.
yes, i have legal visa. If he comes to Mexico and we get married, how long will take the immediate relative petition back in the US and the approval?
I have visa, if I go to US and after 60 days get married, a lawyer can help us with this process? Can you help us with this process? thank you so much!
Your spouse can file for you as a K3 fiance by getting married, going back, filing the I-130, getting the fee receipt, then filing the I-129F.
Go to http://www.uscis.gov/ to find there forms.
If you enter as a tourist, the rule is if you apply for adjustment of status within 30 days of entry, there is an almost unrebuttable presumption that you had a nonimmigrant intent when you entered as a tourist and hence are deemed to have committed visa fraud. Between 30 and 60 days, the presumption is rebuttable. Between 60 and 90 days the rebuttable presumption reverses and unless the Immigration service has knowledge that the intent was preconceived, it will grant the adjustment of status. After 90 days, the issue is hardly ever raised.
Yes a lawyer can file for you.
Youe spouse would need to file Form I-130 Immediate Relative Petition and Form I-864 Affidavit of Support. Form G-325A needs to be completed by both of you and each has to attach 2 passport style photos. You would concurrently file Form I-485, Application for Adjustment of Status, I-765 Application for Employment Authorization (2 passport style photos) and if these are filed before his stay expires more than 180 days they can request Advance Parole on Form I-131 (with two passport style photos and a copy of bio page of passport with picture and signature or copy of state issued ID) which allows them to leave the US without abandoning the application and return w/o a visa while the application is pending. Alien spouse also has to have a medical exam completed by a CIS approved civil surgeon. https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
All the best!
what kind of problem I could have if enter with tourist visa, get married in 80 days?
the K3 visa is required in this situation?
We are in love, and really want to spend of our lives together, we have been seen each every month for more than a year and half, we have been spending time with each other families,, and all we want is make the process in legal way according with US laws.
About the workout paper I should need to take with me,,they need to be translated and notarized? notarized in Mex o US?. Birth certificated need to be translated? what else? thank you! very much!
If you enter with a tourist visa, intend to only come as a visitor, but then change your mind after entry there is no misrepresentation of intent upon entry and you can decide you can't live life without each other, and stay.
If you intend upon entry to marry, then you have to enter with a K1 or K3 visa. The process for that will take about a year from the time your fiance files the I-130/129F or just the I-129F to the time your visa is issued by the US consul. You will not be able to enter the US while the K visa is in process to visit.
You should take or send ahead of you, your birth certificate. It can be translated either there or in the US. The translation needs an attestation, it doesn't have to notarized, but it isn't a bad idea to have that done.
TRANSLATOR'S CERTIFICATE OF COMPETENCY
I, _______________________, hereby certify that the above is an accurate translation of the original "Birth Certificate" in SPANISH and that I am competent in both English and Spanish to render such translation.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).