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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.



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