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  1. #1
    Join Date
    Jul 2009
    Posts
    17

    Default Re: Marriage to a U.S. Citizen Before Tourist Visa Expired

    Getting married to a US citizen while in the USA on a Tourist visa does not give you the legal basis to stay past your time the Tourist visa is valid. If I am reading this correctly you got married in March and your visa expired in April and you have yet to file any kind of paperwork.

    While getting married while on a Toursit visa is perfectly legal, letting your tourist visa expire and still staying within the USA is a big mistake and could potentially lead to a denial when /if you file for AOS. You really need to consult an immigration lawyer as by law you are currently in the USA illegally and could be deported and any/all immigration proceedings may not go in your favor.

    You should have consulted a lawyer immediately after you were married as a lawyer may have been able to file the proper paperwork that would have allowed you to stay and wait for the I-130 and I-485 to be processed. Most people in your situation get married and then return to their country of origin while waiting for the paperwork to be processed.

    What you have done is not something that is easily corrected and anyone on here who tells you so is simply wrong.



    Meatstick

  2. #2

    Default Re: Marriage to a U.S. Citizen Before Tourist Visa Expired

    Quote Quoting Meatstick
    View Post
    Getting married to a US citizen while in the USA on a Tourist visa does not give you the legal basis to stay past your time the Tourist visa is valid. If I am reading this correctly you got married in March and your visa expired in April and you have yet to file any kind of paperwork.

    While getting married while on a Toursit visa is perfectly legal, letting your tourist visa expire and still staying within the USA is a big mistake and could potentially lead to a denial when /if you file for AOS. You really need to consult an immigration lawyer as by law you are currently in the USA illegally and could be deported and any/all immigration proceedings may not go in your favor.

    You should have consulted a lawyer immediately after you were married as a lawyer may have been able to file the proper paperwork that would have allowed you to stay and wait for the I-130 and I-485 to be processed. Most people in your situation get married and then return to their country of origin while waiting for the paperwork to be processed.

    What you have done is not something that is easily corrected and anyone on here who tells you so is simply wrong.



    Meatstick
    That is incorrect.

    If you are married to a USC and had your B2 visa or I94 expired and applied for I130 and I485 concurrently while here in the US is fine, it will not affect the decision of the IO whether to deny your application or not. The main concern of the IO or the USCIS is whether the marriage is bona fide or not. When you file for Adjustment of Status and while the case is pending you are no longer considered illegal until a decision is made.

  3. #3
    Join Date
    Jul 2009
    Posts
    17

    Default Re: Marriage to a U.S. Citizen Before Tourist Visa Expired

    Are you sure about that statement ? If so then I could come here on a tourist visa let it expire and then get married 5 years later, file the I-130 and I-485 and all would be well. Can you link me to where this is stated in black and white ??

    I would say the above might or might not be true, ONLY IF, the original poster had filed the paperwork before the tourist visa expired. You can't just overstay your tourist visa and then come back after the fact and say "hey I married a USC and therefore I am guaranteed legal status".

    Hey I may be wrong that's why I am asking for a link that says you can marry a USC and then not file the proper paperwork, overstay your tourist visa and then be granted immediate status based on the marriage.


    Meatstick

  4. #4

    Default Re: Marriage to a U.S. Citizen Before Tourist Visa Expired

    You dont need the link coz I am the living proof! thats what I did and I got approved without a sweat. When you marry a USC even if your B2 expired then you applied for AOS your over stay will be forgiven.

    I guess you need to read my post again coz I did not say that you need not to adjust and just become an LPR right then and there.

    Oh and by the way, I got approved in 3 months time and anybody can adjust their status as long as they entered the US legally and are qualified for AOS.

    I know you went for CP route which was K1 right? Go to immigrationportalforums.com and ask the gurus there, you'd be surprised!

    heres a link here read the last post 2nd paragraph http://www.expertlaw.com/forums/showthread.php?t=76449

  5. #5
    Join Date
    Jul 2009
    Posts
    17

    Default Re: Marriage to a U.S. Citizen Before Tourist Visa Expired

    Thanks for the reply. I followed the link and read that also.

    It looks like the advice given is that as long as you entered legally no matter what kind of visa, marry a USC, allow your visa to expire, stay put and then file for AOS and all will be forgiven.

    No wonder those who do it the legal way have such long wait times, in part caused by those who skirt the system.



    Meatstick

  6. #6

    Default Re: Marriage to a U.S. Citizen Before Tourist Visa Expired

    AOS and CP route are both legal ways in obtaing LPR. Its just that AOS is faster than the K1 route.

    USCIS will base marriage based petitions on the persons legit marriage nothing more and of course your recoreds have to be clean.

  7. #7

    Default Re: Marriage to a U.S. Citizen Before Tourist Visa Expired

    Quote Quoting Meatstick
    View Post

    No wonder those who do it the legal way have such long wait times, in part caused by those who skirt the system.



    Meatstick
    So what do you really mean by that????? CP and AOS here in the US are both legal. It really doesn't matter if you have over stayed here for 20yrs or so then apply for AOS. They don't call it MARRIAGE BASED GREEN CARD for nothing right????

    Skirt the system??? so are you trying to say that USCIS is not competent enough bec somebody can just skirt the system???

    I just don't get what you are trying to insinuate here

  8. #8
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Marriage to a U.S. Citizen Before Tourist Visa Expired

    Quote Quoting Meatstick
    View Post
    Hey I may be wrong that's why I am asking for a link that says you can marry a USC and then not file the proper paperwork, overstay your tourist visa and then be granted immediate status based on the marriage.
    You DO have to file the proper paperwork - the I-130 and the I-485. Sometimes, those are denied. But when the couple makes it screamingly obvious that it's a genuine marriage, the USCIS has no problems approving the AOS.

    After that, they have to go the same road to naturalization as anyone else.

    Often, people are unaware that paperwork needs to be filed BEFORE one marries a foreign national. The USCIS recognizes this, and chooses not to penalize those bound in a bona fide state of matrimony.

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