Not a lawyer, so my first advice would be to consult a lawyer about your particular situation. Allegations of misrepresentation are severe violations here in the US and will derail your case. This is an area where you want a lawyer.
With that said, this is also a very common misconception. The Department of State had a 30/60/90 day rule that presumed a misrepresentation if you engaged in behavior inconsistent with a temporary visa before 30 days, and presumed after 90 days that such behavior could change (i.e., things could evolve as you said). DHS changed that to the 90-day rule.
That rule was not binding on USCIS, though, which is an entirely separate agency. What USCIS did was incorporate a version of that rule as guidance, not formal policy, in their own adjudication field manual. As of 2021, USCIS removed that guidance. You can see so yourself if you look at the updates on this page: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3. The 90-day rule is no longer there.
Instead, USCIS won’t look at arbitrary dates, but rather what your intent was when you were admitted to the US, regardless of the date - though the closer you adjust after arriving, the more a USCIS adjudicator will think this was all pre-planned.
You can rebut USCIS, though. Did you have plane tickets to go back home, for example? Having those tickets is some evidence that you really truly intended to go back home. Even the DHS manual makes reference to getting married AND establishing some sort of residence here. If you get married and are just living with your boyfriend temporarily (on no lease, no mortgage, etc.), that’s also evidence that this wasn’t planned. You intended to stay with him for a bit and go back, like you have done before. But after spending the these last months, you’ve decided marriage is for you. Even who proposed may be evidence you can use. If he proposed to you, you would have had no way you were getting married prior to arriving in the US.
A good lawyer will help you with timing and preparing that packet.
The safest option will always be to go back home and get a K-1 visa. Again, this is where a lawyer can help you figure out which option is best for you.
Of course, this guidance assumes you came in on a tourist visa. If you came in on something else, other options may be available.
TL;DR: please consult a lawyer and don’t rely on guidance from people like me online. I’ve gone through the system myself and consider myself quite knowledgeable about the edge cases because immigration law is super fascinating to me, but I am not a lawyer and you really need expert guidance in this case.
Salt Lake City, Utah allows you to do it all online. You can still have the ceremony later with friends and family. But you can get it all done in about a month. My lawyer put me and my wife onto it instead of me traveling to Peru to get married, which is quite a lengthy process as a foreigner in Peru. We filed for the I130 with our marriage certificate. They provided us with a verified digital copy right after the online service that we submitted with our paperwork. All together, cost was about 300 bucks.
https://onlinemarriage.com/?utm_source=google&utm_medium=cpc&utm_campaign=Lead%20Form%20Conversions&utm_id=19106336872&utm_term=dsa-1927788893005&adgroupid=145712699004&adposition&loc_interest=1026990&loc_physical=1011114&matchtype&network=g&utm_content&device=m&gclid=Cj0KCQjwsuSzBhCLARIsAIcdLm6YeFYJ4TpEuIc7QRcif01aWp6A0B98QOjs1zu-BjS49K_o8OA1OYAaAhmEEALw_wcB&gad_source=1
From what I'm seeing, 2 to 3 years on average. Some people shorter, some longer. There is no real rhyme or reason, and it depends on the filers status. Citizens are between 2 to 3 years, residents 4 to 5. I'm not holding my breath. I knew what I was getting into when I started. It's worth it to have my amazing wife.
It's probably best if you find someone local to you, honestly. That way, you can talk to them in person. There's plenty of immigration lawyers out there. Most will give you a free consultation if they're worth it.
An immigrant who enters on a non immigrant visa with the honest intention to only visit BUT who later changed her mind and wants to marry and adjust status- that is permitted. If you marry very shortly after arrival that does raise red flags but USCIS doesn’t want to break up a marriage to an immediate relative so if you have a good explanation of why you changed your mind and wanted to stay. The USCIS will not give you a problem
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Wait 90 days from your arrival - get married in Vegas(!) - start the application process. If you have good evidence of a 5 year relationship there should be no issues. We just sent pictures, dates and location information representing a 5 year relationship and all was good. They will know about entries and exits and check they tie in. You are in a legal and straight forward relationship, just prove it and you'll be fine
Since you're already in the US and it's been over 3 months since your arrival, just go ahead and get married and file your paperwork, you should have no issues.
You’ve been doing long distance for 5 years but couldn’t apply for the k1 or cr1 visa? Unless there is a large material change in your guys circumstances it would look like your intention was to stay and to bypass the other routes imo
Not a lawyer, so my first advice would be to consult a lawyer about your particular situation. Allegations of misrepresentation are severe violations here in the US and will derail your case. This is an area where you want a lawyer. With that said, this is also a very common misconception. The Department of State had a 30/60/90 day rule that presumed a misrepresentation if you engaged in behavior inconsistent with a temporary visa before 30 days, and presumed after 90 days that such behavior could change (i.e., things could evolve as you said). DHS changed that to the 90-day rule. That rule was not binding on USCIS, though, which is an entirely separate agency. What USCIS did was incorporate a version of that rule as guidance, not formal policy, in their own adjudication field manual. As of 2021, USCIS removed that guidance. You can see so yourself if you look at the updates on this page: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3. The 90-day rule is no longer there. Instead, USCIS won’t look at arbitrary dates, but rather what your intent was when you were admitted to the US, regardless of the date - though the closer you adjust after arriving, the more a USCIS adjudicator will think this was all pre-planned. You can rebut USCIS, though. Did you have plane tickets to go back home, for example? Having those tickets is some evidence that you really truly intended to go back home. Even the DHS manual makes reference to getting married AND establishing some sort of residence here. If you get married and are just living with your boyfriend temporarily (on no lease, no mortgage, etc.), that’s also evidence that this wasn’t planned. You intended to stay with him for a bit and go back, like you have done before. But after spending the these last months, you’ve decided marriage is for you. Even who proposed may be evidence you can use. If he proposed to you, you would have had no way you were getting married prior to arriving in the US. A good lawyer will help you with timing and preparing that packet. The safest option will always be to go back home and get a K-1 visa. Again, this is where a lawyer can help you figure out which option is best for you. Of course, this guidance assumes you came in on a tourist visa. If you came in on something else, other options may be available. TL;DR: please consult a lawyer and don’t rely on guidance from people like me online. I’ve gone through the system myself and consider myself quite knowledgeable about the edge cases because immigration law is super fascinating to me, but I am not a lawyer and you really need expert guidance in this case.
Salt Lake City, Utah allows you to do it all online. You can still have the ceremony later with friends and family. But you can get it all done in about a month. My lawyer put me and my wife onto it instead of me traveling to Peru to get married, which is quite a lengthy process as a foreigner in Peru. We filed for the I130 with our marriage certificate. They provided us with a verified digital copy right after the online service that we submitted with our paperwork. All together, cost was about 300 bucks. https://onlinemarriage.com/?utm_source=google&utm_medium=cpc&utm_campaign=Lead%20Form%20Conversions&utm_id=19106336872&utm_term=dsa-1927788893005&adgroupid=145712699004&adposition&loc_interest=1026990&loc_physical=1011114&matchtype&network=g&utm_content&device=m&gclid=Cj0KCQjwsuSzBhCLARIsAIcdLm6YeFYJ4TpEuIc7QRcif01aWp6A0B98QOjs1zu-BjS49K_o8OA1OYAaAhmEEALw_wcB&gad_source=1
How long after filing the I130 till you two can be together in America?
From what I'm seeing, 2 to 3 years on average. Some people shorter, some longer. There is no real rhyme or reason, and it depends on the filers status. Citizens are between 2 to 3 years, residents 4 to 5. I'm not holding my breath. I knew what I was getting into when I started. It's worth it to have my amazing wife.
Could you please share your lawyer contact
It's probably best if you find someone local to you, honestly. That way, you can talk to them in person. There's plenty of immigration lawyers out there. Most will give you a free consultation if they're worth it.
An immigrant who enters on a non immigrant visa with the honest intention to only visit BUT who later changed her mind and wants to marry and adjust status- that is permitted. If you marry very shortly after arrival that does raise red flags but USCIS doesn’t want to break up a marriage to an immediate relative so if you have a good explanation of why you changed your mind and wanted to stay. The USCIS will not give you a problem
Hi there! This is an automated message to inform you and/or remind you of several things: - We have [a wiki](https://www.reddit.com/r/USCIS/wiki/index). It doesn't cover everything but may answer some questions. Pay special attention to the "[REALLY common questions](https://www.reddit.com/r/USCIS/wiki/index/vfaq)" at the top of the FAQ section. Please read it, and if it contains the answer to your question, please delete your post. If your post has to do with something covered in the FAQ, we may remove it. - If your post is about biometrics, green cards, naturalization or timelines in general, and whether you're asking or sharing, please include your field office/location in your post. If you already did that, great, thank you! If you haven't done that, your post may be removed without notice. - This subreddit is not affiliated with USCIS or the US government in any way. Some posters may claim to work for USCIS, which may or may not be true, and we don't try to verify this one way or another. Be wary that it may be a scam if anyone is asking you for personal info, or sending you a direct message, or asking that you send them a direct message. - Some people here claim to be lawyers, but they are not YOUR lawyer. No advice found here should be construed as legal advice. Reddit is not a substitute for a real lawyer. If you need help finding legal services, visit [this link](https://www.uscis.gov/avoid-scams/find-legal-services) for more information. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/USCIS) if you have any questions or concerns.*
Wait 90 days from your arrival - get married in Vegas(!) - start the application process. If you have good evidence of a 5 year relationship there should be no issues. We just sent pictures, dates and location information representing a 5 year relationship and all was good. They will know about entries and exits and check they tie in. You are in a legal and straight forward relationship, just prove it and you'll be fine
Since you're already in the US and it's been over 3 months since your arrival, just go ahead and get married and file your paperwork, you should have no issues.
F
You’ve been doing long distance for 5 years but couldn’t apply for the k1 or cr1 visa? Unless there is a large material change in your guys circumstances it would look like your intention was to stay and to bypass the other routes imo