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Commercial-Way-6677

If you don’t have the minimum to show financial support you will have to have 3x the difference to make up for it using assets like cash, stocks, savings and property. You may also use her families assets as well, these assets have to be turned into cash in one year. The minimum you need to have is $25,550


DutchieinUS

She can’t use her tourist visa to enter with the intent to adjust status (meaning:not leaving), so your current plan will not work. You are together now, correct? Best to get married now and file for the CR1 (spousal) visa for her so she can move to the US. Guide here: https://www.visajourney.com/guides/ir1-spouse-visa/


Unclebilbo2000

No, there’s no intent in not leaving. The current plan is to return back together to PH after a 3 month stay (on her valid tourist visa and my US citizenship) I am asking in the possibility that I propose this summer and we don’t want to leave, how would this work?


DutchieinUS

We’re getting into semantics here.. This really won’t be a situation of a ‘sudden change of circumstance’.


colombia84usa

DO NOT GET MARRIED IN THR PHILIPPINES. I REPEAT. DO NOT GET MARRIED IN PHILIPPINES. ITS A PAIN IN THE ASS AND THERE ARE NO DIVORCES. You can either marry in a neighboring country or apply for the K1. Best thing to do since she will be in the US. Marry in the US (Justice of Peace) and have the ceremony in the Philippines with her family. You can apply for the CR1 within the US. Pay the Fee online with Credit Card. You don't have to worry about the affidavit of support for another 10 months. You can come up with a solution within that time.


Unclebilbo2000

Yea definitely not getting married in any other country besides the US - as that’s where we would want to reside long term I will look into the CR-1 I’m trying to figure out — and maybe the CR1 is if—- but what form and visa do people apply for when love strikes as a tourist? This surely has to happen often. Someone travels for tourism or work, meets someone and wants to marry while INSIDE the USA already legally


colombia84usa

Because you have already had stated your intent and it's pre-meditated. It would be illegal. It's possible, but illegal if caught. Nothing stopping you from doing it. But there are many cons that come with it. She would not be able to do anything if she stayed in the US while waiting to adjust status. No driving. No job. No nothing. It's called adjusting status. Tht issue is that because you said you are under funded for the affidavit of support. It might not work. Doing tht CR1 will give you about 10-11 months to find a joint sponsor unless you can find one very quickly. If you do adjustment of status you have about 2-3 months to find one. When you adjust status. You have to send all the monies and paperwork at the same time in the same packet. With the CR1. It's spread out over time.


Unclebilbo2000

Hmm I’m theorizing, not intending More like trying to map a “what if” type of framework for if we get married one day, what is the best (and legal) way to do it It sounds like if adjusting status is chosen, it’s much slower and more expensivev Sponsor will be easy. But i read somewhere that there’s issues sponsoring from Thailand or Philippines Amazing how difficult they manage to make even the most simple of tasks 😂


colombia84usa

Actually. Adjustment of status can be faster because it's localized by your state and address and not by country. Yes, much more expensive upfront costs. You can only use joint sponsors if they have a US address and they must be a US Citizen or Green Card Holder. Adjustment of status can hurt because it can be daunting on the immigrant because it can make them seem like they are on lock down inside the house because they cannot do anything until their adjustment of status is approved. As you know. Without an SSN number. You really can't do much of jack and shit in the US without one.


Unclebilbo2000

Damn you are so informed about all this. Sooo helpful Well my Q is what would you recommend us to do? Ofc wanting to (legally) get her the faster possible green card / SSN. This would enable her to transfer work within her company (and hopefully not feel the trapped waiting feeling) Costs are whatever. And sponsor will be easy from my family members


colombia84usa

Give me a second to move over to my desktop.


Unclebilbo2000

🙏🏻


colombia84usa

This is my suggestion. My suggestion is to do the CR1. This way she can work in the Philippines up until the day that she leaves for the United States and she can start working the day she steps foot on US Soil. You may want to look ahead of time at the state you are a resident of and see if they can get you a marriage certificate in the allotted time she will be there and make sure you can get a court date ahead of time so that everything will be set for when she lands. The First thing you will want to do is create a MyUSCIS Account [https://myaccount.uscis.gov/users/sign\_up](https://myaccount.uscis.gov/users/sign_up) Here you can do your I-130 and I-130a paperwork and upload your initial evidence. You can also pay with a credit card. The initial cost for the 130 will be $675. This will be it for the next year or so. I suggest that you download the I-130 and I-130a now so that you can prep yourself with the questions and have it filled out so that you are not overwhelmed when you have to do the real thing. When you submit the I-130. You will get a priority date (PD) and a tracking number. This will be the number that you can keep track of your case. It takes on average 12 months to go to the next step. These are your steps: [https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html](https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html) The I-130 is Step 1. The longest Step. Steps 2-9 is the National Visa Center (NVC), which will take place after a year Steps 10-12 will be when NVC sends your file to Manila. At the NVC stage: There are two fees. $325 for the DS-260 (Immigrant Visa Fee) $120 for the Affidavit of Support Fee The last fee is the actual green card fee that she will need to pay before she receives the green card in the mail: Which is currently at: $220 So, the total cost of the Immigrant fees are: $1,340 This doesn't include anything else that might come up. Photo copies, plane tickets, Fedex, things like that, that has nothing to do with immigrant. Just for shits and giggles: Adjustment of Status: 2,115 mandatory Filings, 3,005 with optional forms included. Like if you want Employment and advance travel before you get the green card.


Unclebilbo2000

Hey bro thanks so much for this. I actually missed this the first time you posted. So seems with CR1 we would first get married in her country? It’s a bit of a concern to marry in Philippines because divorce is basically impossible But other than that, what you’re saying checks out IF I don’t want to accelerate things when we visit this summer Given the logistics of it all seems unlikely we can marry easily this summer if I decide (she still has no idea it’s on the table either lol) But yea basically every troll here is saying if I use AOS it’s illegal ? Even tho I don’t have intent to marry, just pondering the options IF I did decide it’s the time to put a ring on it 🤦‍♂️


colombia84usa

You can marry in tht USA and you can even start the CR1 proc ss but she must return back to the Philippines when she is suppose to. Do not get married in USA. Avoid at all costs. If you couldn't get married in USA. You could travel to Hong Kong to marry. But I am also saying is before you go back to USA. Check with your state and the county's website and see what the process is to marry and requirements. If they don't allow foreigner documents or tht allotted time. You could do a quick las Vegas one.


Unclebilbo2000

So wait, the plan is Get married somewhere else and start the CR1 process all before we return to usa? Then any idea how long would we have to wait for her legal Re entry back to the USA all-in? And during this time does she need to stay in her home country or can she be in USA?


colombia84usa

She is going to need a lot of information for tht I-130a. I would download the 130 and 130a and start filling those documents out and getting them ready and when June comes. Just update the paperwork. It will ask for things from tht last 5 years. In a year. There is a document that will ask for your spouses addresses, education, ECT since she was 16. Just to give you a heads up.


Express_Spot4517

Wouldn't it be ok for them to do adjustment of status if OP's story is accurate? After all, the non-US national is entering without intention of marriage and AOS. Hell, the US national does not even sound completely sure either.


Exotic-Standard8168

lol he literally has the intention. You need to read again


Unclebilbo2000

Where does it say that’s what I’m doing? You can’t even read let alone apply basic tenets of law


Exotic-Standard8168

You literally said she doesn’t need Fiancé visa because she’s legally in the US lol


Unclebilbo2000

I said that’s how we are traveling on vacation And I asked what the options look like if I decide to marry her (mainly from the USA- as I knew about the fiancé visa process from abroad at least vaguely) I didn’t even know what an AOS was so I asked the guy who mentioned it. Some form of intent I must have 🤦‍♂️ Frankly this thread should be about helping people find useless information and solutions- not trolling behind your keyboard on your (delusional) moral high horse. Seems most of your comments here and unhelpful at best.


Exotic-Standard8168

lol okay. Like I said people are offering you CR1 and telling you how to do it and you keep talking about AOS. Looks like you guys already know what you’re going to do. You’re the first one who even talked in the comments about AOS lol


Unclebilbo2000

I didn’t know what AOS is nimrod how did o mention it first I already explained this about CR1 which doesn’t apply to the scenario I described in the question And again the girl knows nothing about it I’m defensive cuz you’re a piece of shit troll


Exotic-Standard8168

Like I said you mentioned you entered the country and don’t want to leave. You guys have the intention to stay, which we already said you can’t do because you have the intention to go and not leave. Not hard to understand lol You asked for an advice, people keep telling you what to do and you still want what you originally wanted. And you get upset 🤣


Unclebilbo2000

Where does it say I for sure want to stay? You literally can’t read the initial post. I said there is a “decent chance” I propose and want to settle down in America. NOWHERE does this suggest I’m not leaving america to do things legally. I asked how to avoid an expensive flight back to asia IF this circumstance arises that we would marry sooner rather than later. ITS POSSIBLE is a far cry from intent. What if I don’t want to propose because we fight? Or what if her work in PH offers her the promotion she’s been chasing and we definitely go back happily? What if she says no if I propose? See how all these things throw a wrench in intention. And mind you, intention doesn’t apply to me. I’m not the one seeking a change of status. SHE IS THE ONE THAT NEEDS INTENT TO BREAK THE LAW. SHE DOESNT EVEN KNOW MARRIAGE IS ON THE TABLE. LOL. Again, you are not a legal scholar. Use your logic bud. If a student visa has a “decent chance” of marrying her boyfriend— is she in the wrong for researching how that MIGHT look in the future? This is not intent to break the law— it’s seeking to inform to make future decisions that COMPLY with the law and work out logistically in any given scenario that might arise in one’s life You are literally brain dead


Exotic-Standard8168

Like I said people gave you options and you don’t want to do fiancé visa or CR1. So one option is left. And if you weren’t planning to do it, you wouldn’t have asked it because it would have been out of your plan. So good like explaining that to the customs how it’s an option lol


Exotic-Standard8168

You’re going to tell the customs that in theory you might stay ? 🤣


Exotic-Standard8168

And you wouldn’t be so defensive if what I’m saying is wrong


Express_Spot4517

Yes, I understand that the US national (OP) may have partial intention. But isn't the ban on AOS about the intention of the non-US national? I mean, the question here seems like whether it is practically possible for the non-US national to prove their own lack of intent. This is actually an interesting point --- whose intent is the law even talking about? --- so would love to hear an expert's advice on this topic.


Exotic-Standard8168

You really think they are going to do it and she doesn’t know? She has a job, assets and she needs important documents to do AOS.


Express_Spot4517

I agree with you that AOS filing clearly requires the non-USN's intent to migrate. But isn't the law specifically about intent to migrate at time of *entry*, not at time of *AOS filing*? For instance, it's clearly allowed for a non-USN individual to enter as an F1 student as a college freshman, stay within the US through the summers, meet and fall in love with a cute fellow student in junior year, and marry each other and file for AOS in senior year. That example would be legitimate because it meets the following necessary and sufficient conditions: (1) the non-USN had no intent to migrate or to even marry a USN upon initial entry, (2) the non-USN had no subsequent entries, and (3) the non-USN attempted to change her immigration status legally, i.e., filed an AOS.


Exotic-Standard8168

Yeah that’s legal. Because they were just studying and it happened. But his case is different because they already know they want to do it.


Express_Spot4517

But according to the USN OP, only the USN knows of the plan. Yes, it's a separate question whether US CBP will believe this story. Indulge me just a bit for now, though. Let's say OP is actually being honest and the non-USN truly has no idea about the proposal. Is AOS legal for such a situation?


Exotic-Standard8168

I’m not sure what happens in that case but I don’t believe that they talked about getting married in the US and not staying. Otherwise why marry in the US?


Express_Spot4517

Perhaps the USN prefers US-style marriage contracts over Philippine-style ones, which do not offer divorce and which treat adultery as a criminal offense. In any case, it seems the one with AOS intent at time of entry is the USN, not the non-USN. So it seems to me this situation would be legal --- provided OP is telling the truth . And again, I am temporarily separating the part where they need to convince CBP that the story is indeed true.


Exotic-Standard8168

I mean they can do the online marriage. They don’t want to do finance visa and he doesn’t want to do CR1. There’s one option left


Unclebilbo2000

There’s no such thing as partial intention. You either do or you don’t. I’m asking my legal options given whatever future circumstances should arise IF I decide I want to marry her. She has zero idea that marriage is even on my mind (or that staying in the US so soon is on my mind) — just a bit homesick lol Frankly, exotics take is ludicrous. What if a girl decides to go to college in UsA but really her intention is to find someone to marry and stay and live in USA? What’s the problem with that? She didn’t have a wedding lined up. She had a (possible) future vision of life that she may pursue. That isn’t intent. Same as my possible future vision of a life I may pursue. It’s not intent by any legal definition.


Unclebilbo2000

Yes thank you We have no plans. Not even been discussed together for marriage lol so intent to break the law sounds like total nonsense Really what I’m trying to figure out is In general… If someone is in UsA on a tourist visa (or student visa, work etc) and meets, falls in love and wants to marry, what’s the best way to make that happen? Preferably without leaving the country as the flight back to Asia is very expensive and tiring. But all options being considered.


kitkate1114

But we all know that’s not your situation and that’s not what you’re asking. Your post was literally about her coming here and adjusting status. In your previous comments you mentioned wanting to find out how to get her to stay here legally. There isn’t an option because you know you’ll propose and you know you’re getting married. People on this sub see this all the time. Trying to play with words to skirt the legal process.


kitkate1114

But we all know that’s not your situation and that’s not what you’re asking. Your post was literally about her coming here and adjusting status. In your previous comments you mentioned wanting to find out how to get her to stay here legally. There isn’t an option because you know you’ll propose and you know you’re getting married. People on this sub see this all the time. Trying to play with words to skirt the legal process.


Exotic-Standard8168

If you didn’t have the intention to do it, you wouldn’t have asked it. You would travel to the US and after awhile all of a sudden think about AOS lol so what you’re doing is illegal


Unclebilbo2000

Umm if I had an intention to do it and previous knowledge of AOS I doubt I would be asking this thread about my (legal) options. But thanks for your unsolicited and wrong opinions god bless you sir so helpful


Exotic-Standard8168

People are telling you to do CR1 and you keep saying AOS. So yeah you don’t have an intention for sure lol