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  1. #1

    Default Adjusting Status Based on Marriage After Entering as a Tourist

    I am a British citizen, I entered the US as a visitor, married my wife (a US citizen) within the 90days. Currently living in Orlando FL for the past 4 years, have not worked as I am being supported by my mother-in-law. I am filing forms i-130 i-485 i-765 i-864 and g-325a etc.

    After having met with a lawyer, he bought up that the only issues I might have with my application is the way I entered the US, ( with my british password as a visitor) is this reason enough to hire a lawyer? can this be done without lawyer? is it recommended? or is the lawyer simply trying to make money ( and who can blame him? )

    Anyone who has been though a similar situation, your help would be greatly appreciated as some areas of this are very gray.
    thanks in advanced.

  2. #2
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    Default Re: Adjusting Status Based on Marriage After Entering as a Tourist

    The key question would be was your intent on coming to the US to get married and become a permanent resident? If yes, then you do have a serious problem. If you entered on a visitor visa and not a fiance visa, then it really is considered visa fraud. A lawyer can help you prepare all the forms, give advice on what you need to do and what you might encounter, which it seems they have done that. It is likely that the way you entered will look suspicious and be looked into.

    As far as helping you get around that initial entry issue, the lawyer would not be able to change any of the facts of that circumstance. Did the lawyer indicate they would be able to do something about that?

    You can do the process yourself if you are able to read through the many resources on the process and understand them, but when you get into some of these grey areas, that is where a good lawyer can help you through it.

    You should probably go back to the lawyer with a list of questions...starting with the exact reason why the entry might be a problem in their opinion. Ask what type of evidence/proof you can provide that might mitigate that issue. It may have been an honest mistake, not getting the fiance visa, but the bottom line is you may have broken the law, and it could be a big problem for your future.

    Also, it is very important that you ask what would happen if the petition was denied due to the entry issue. I would assume you are considered out of status after 4 years, and there are serious implications to that.

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