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  1. #1
    Join Date
    Aug 2009
    Posts
    1

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

    I am a French citizen and got married in March to a US citizen. I was then on a Tourist visa which expired in April. I read that we had 90 days to fill in the papers for the immigration after that, but my husband hasn't done it yet.
    -Am I now considered as an illegal immigrant?
    -Should i go back to France now and do the papers from there?
    - What would happen if I had to go back to France? Would I be able to come back in the country?
    -I am a student in the US, could I get a student visa until he sends the papers for our marriage?

    A lot of questions but I haven't found any answer yet. I hope you will be able to help me!
    Thank you in advance.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

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

    Since you entered legally, you're fine.

    You just need to file Form I-130 and Form I-485.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

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

    Note that overstay does become an issue while your adjustment of status is pending, and if you leave the country you can have trouble getting back in or trigger a period of ineligibility to reenter.

  4. #4
    Join Date
    Feb 2009
    Posts
    6

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

    Thank you for your answer!

    As I haven't overstayed for more than 180 days, am I risking a 3 years ban if I decide to go back to my country?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

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

    If you haven't triggered a period of ineligibility, well, it follows that you haven't. But that doesn't mean you'll be able to get a visa.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

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

    In other words, STAY PUT, unless you want to risk having to wait at home in France while your petition is in process.

    That's kind of a long way for a commuter marriage.

  7. #7
    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

  8. #8

    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.

  9. #9
    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

  10. #10

    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

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