Not sure if my visa will be accepted (povert line issues etc)

[veryanxiouslady 0]

Hi,

I'm sorry if I am posting it under the wrong place or repeating information, but I couldn't find it anywhere here or any other forums, at least not exactly my case.

I am still a single woman. I'm in US under my tourist visa (B2) which is good till march 8th. So I didn't start the process yet. I have no criminal charges or anything against me by the way.

I came here originally to spend some extended vacations (4 months) with friends. As I work online as a freelancer, it is not a problem for me to travel back and forth. But then I found my boyfriend, and we decided to marry. We are very happy together, I'm staying with him for 1 1/2 months now under the same roof, he has family and children here and we decided for the best that we would start the process to get me a visa and stay in US. As the timeframe is really tight I'm worried about it, and I don't want to stay any minute as illegal here. But here we go with the details:

1) He is getting the final divorce court on feb 26th. We intend to marry on 27th (i hope it will be possible!). He is separated for more than 1 year now, and eager to have this done.

2) After marrying, we will have only days before my tourist visa expires. I've read that I could a) renew it for more 6 months (I'm almost sure that, now that I have intentions of marry and stay, this would configure a visa fraud) b) overstay a few months and have no consequences (risky, I don't want it).

3) We are prepared to pay for the fees but my future husband is not rich, he makes 21k/year working on retail. I am really afraid that they does not consider it enough, because he claimed his children on last taxes (they are all over 18 and aren't really an expense, but two of them live with him). Does it configure fraud to declare household of 2? Both girls are finishing school on may/june and they are moving out anyway. One of them is going to the navy, other is pregnant and going to live with her fiancee.

4) He is on food stamps at the moment, but would cancel it for the sack of the process.

I have the possibility of having a co-sponsor but I don't want really to bother anybody about it. If needed we will figure out the co-sponsor, but, considering the story, will the timeframe be enough to get everything ready? I am so worried and afraid because if it is not, I will totally go back to my country and do it from there, but then if I find out too late I will have to pay a lot of money on the flight ticket (the earlier, the better for prices). I was very juvenile and just lost my flight back to stay with him

I really appreciate any advice on my situation and clarification of the process. I don't even know how to start looking for a lawyer, I sent some messages but I'm so afraid of scammers, this would destroy our lives.

Thank you everybody and have a great day!

[Caryh 5,206]

If his final court date is the 26th, odds are he will not be officially divorced until some time after. In many places the judge signs the papers on a certain day, then the papers need to be recorded and finalized by a department of records. Only when this is completed, will he actually be divorced. I think my divorce papers were recorded about 4 days after the judge signed them. How long it takes will vary on location to. Also some state require a waiting period from being officially divorced to when you can legally married. Its getting less common, but its still an issue in some states. For immigration purposes, you need to insure every little detail is correct or the marriage will be considered invalid by USCIS.

Edited February 14, 2013 by Caryh

[Oksana & Max 94]

While it is possible to adjust a status from Tourist Visa. I do see one huge red flag that USCIS will catch. He will get divorced on 26th and marry on 27th???? This is as RED as it can be. They will suspect visa fraud right away. So you either need to have a relly good evidence of relationship, or it will be a problem. As far as financial support, you most likely need to find a co-sponsor. Since he is claiming his kids on taxes they are considered dependents for him.

[veryanxiouslady 0]

Thank you everybody for your help. Maybe I should renew my tourist visa and wait 3 months to get married with him then proceed with the visa request? Thank you again, it is so good to talk with people who understands what I'm living right now. It is kind of a nightmare when you don't know if will be possible to be with the person you love in the end. I'm really depressed with all of it, but I still have faith.

Have a great day:*

[NikLR 13,227]

I suggest not trying to adjust status if you renew your tourist visa. At this point you have intentions of marrying and immigrating. The better course of action would be to either do the k1 visa or get married and go the cr1 route, both of which mean leaving the USA but it is safer than committing fraud and getting banned.

[pushbrk 12,824]

Hi,

I'm sorry if I am posting it under the wrong place or repeating information, but I couldn't find it anywhere here or any other forums, at least not exactly my case.

I am still a single woman. I'm in US under my tourist visa (B2) which is good till march 8th. So I didn't start the process yet. I have no criminal charges or anything against me by the way.

I came here originally to spend some extended vacations (4 months) with friends. As I work online as a freelancer, it is not a problem for me to travel back and forth. But then I found my boyfriend, and we decided to marry. We are very happy together, I'm staying with him for 1 1/2 months now under the same roof, he has family and children here and we decided for the best that we would start the process to get me a visa and stay in US. As the timeframe is really tight I'm worried about it, and I don't want to stay any minute as illegal here. But here we go with the details:

1) He is getting the final divorce court on feb 26th. We intend to marry on 27th (i hope it will be possible!). He is separated for more than 1 year now, and eager to have this done.

2) After marrying, we will have only days before my tourist visa expires. I've read that I could a) renew it for more 6 months (I'm almost sure that, now that I have intentions of marry and stay, this would configure a visa fraud) b) overstay a few months and have no consequences (risky, I don't want it).

3) We are prepared to pay for the fees but my future husband is not rich, he makes 21k/year working on retail. I am really afraid that they does not consider it enough, because he claimed his children on last taxes (they are all over 18 and aren't really an expense, but two of them live with him). Does it configure fraud to declare household of 2? Both girls are finishing school on may/june and they are moving out anyway. One of them is going to the navy, other is pregnant and going to live with her fiancee.

4) He is on food stamps at the moment, but would cancel it for the sack of the process.

I have the possibility of having a co-sponsor but I don't want really to bother anybody about it. If needed we will figure out the co-sponsor, but, considering the story, will the timeframe be enough to get everything ready? I am so worried and afraid because if it is not, I will totally go back to my country and do it from there, but then if I find out too late I will have to pay a lot of money on the flight ticket (the earlier, the better for prices). I was very juvenile and just lost my flight back to stay with him

I really appreciate any advice on my situation and clarification of the process. I don't even know how to start looking for a lawyer, I sent some messages but I'm so afraid of scammers, this would destroy our lives.

Thank you everybody and have a great day!

Your plan involves no visa, and you are not required to file papers to adjust status BEFORE your allowed stay (not visa) expires. Your problem is financial sponsorship. Your husband must count all his children under 21 no matter where they live and no matter whether he claims them as dependents on his tax return. Unless you can find a qualified joint sponsor, you will not be able to adjust status. If you overstay your allowed stay, then cannot find a sponsor, you could be subject to a ban from entering the USA again.

My advice is to find a sponsor. I wouldn't worry about warnings of red flags. If you're living with your husband and can show evidence you are, then there's really no bona fide relationship issue.

If you can show your income will continue from the same source after you adjust status, your income can also be counted. The details matter on this though.

[pushbrk 12,824]

I suggest not trying to adjust status if you renew your tourist visa. At this point you have intentions of marrying and immigrating. The better course of action would be to either do the k1 visa or get married and go the cr1 route, both of which mean leaving the USA but it is safer than committing fraud and getting banned.

No fraud here. She didn't even meet her fiance until after she was already in the USA. No worries on that score.

[veryanxiouslady 0]

Wow, yeah, I guess you are right about the extended stay. As I suspected it would be visa fraud and I am not willing to do that.

And well, I'm not sure of the proofs I would need for the bona fide, but we are living under the same roof with tons of witnesses. We will not have trouble on proving anything, I met his family we have pics of everything, I can provide prints from our facebook loving messages, we message each other and txt each other everyday with silly things. If they can accept an sponsor that resides on another state I may have less trouble. I have friends willing to do that and also his family would support us, but we are currently living in the south and they are all in the north O_O...

Again, friends, thank you very much for the answers. Any advice is great. I really want to try to make things as right as possible, so I'm not interested in fraud. If I have to come back, ok, he is really sad with the possibility and so am I, but we will find a way. I am still willing to try the process before going, it would be magical to just stay here with him. I miss my country but I would miss him more.

Thanks

[veryanxiouslady 0]

No fraud here. She didn't even meet her fiance until after she was already in the USA. No worries on that score.

Yes, I am betting on this one, I guess. I guess that as long as I don't overstay or try to renew for more 6 months everything will be fine. Thanks for your input. I will try to do it through a lawyer. We are prepared for that but so worried about getting a good one. I will look further in this site to find out if there's any advice on how to get a lawyer so I can try to get my process initiated and maybe the adjustment.

My future husband was married for 20 years and is separated now for more than a year (his divorce has agreement of both parts). I don't know if they understand that he is not divorcing to marry me, the divorce was filled before we considered marriage. He was waiting for the one-year to get things done. So it is not because of me! I hope they can see that.

[NikLR 13,227]

No fraud here. She didn't even meet her fiance until after she was already in the USA. No worries on that score.

So would they even renew her tourist visa if she told them she was planning on getting married and staying in the USA? That's the part that had me confused. On her current tourist visa there would be no fraud, but on a renewed tourist visa would that still apply?

If not then getting married ASAP would be best to stay with her husband after marriage, and hopefully they could find a joint sponsor as well.

[pushbrk 12,824]

So would they even renew her tourist visa if she told them she was planning on getting married and staying in the USA? That's the part that had me confused. On her current tourist visa there would be no fraud, but on a renewed tourist visa would that still apply?

If not then getting married ASAP would be best to stay with her husband after marriage, and hopefully they could find a joint sponsor as well.

No, they wouldn't extend her visa and an extension is not needed. Her overstay will simply be forgiven when the AOS is approved.

[NikLR 13,227]

Learned something new. Thanks!

[Caryh 5,206]

Yes, I am betting on this one, I guess. I guess that as long as I don't overstay or try to renew for more 6 months everything will be fine. Thanks for your input. I will try to do it through a lawyer. We are prepared for that but so worried about getting a good one. I will look further in this site to find out if there's any advice on how to get a lawyer so I can try to get my process initiated and maybe the adjustment.

My future husband was married for 20 years and is separated now for more than a year (his divorce has agreement of both parts). I don't know if they understand that he is not divorcing to marry me, the divorce was filled before we considered marriage. He was waiting for the one-year to get things done. So it is not because of me! I hope they can see that.

You do not need a lawyer to do what you want to do. The lawyer would only be needed if you really messed things up and got denied. But you're here now, so you can learn how to do the right things.

They're not going to care even if he did divorce his wife to marry you. The only thing that will matter is he was legally able to enter into the marriage. That's why you need to look into how long after his last court date, will he have his divorce decree finalized. Then does his state have nay waiting period before a divorced person can remarry.

[dwheels76 5,468]

Yes, I am betting on this one, I guess. I guess that as long as I don't overstay or try to renew for more 6 months everything will be fine. Thanks for your input. I will try to do it through a lawyer. We are prepared for that but so worried about getting a good one. I will look further in this site to find out if there's any advice on how to get a lawyer so I can try to get my process initiated and maybe the adjustment.

My future husband was married for 20 years and is separated now for more than a year (his divorce has agreement of both parts). I don't know if they understand that he is not divorcing to marry me, the divorce was filled before we considered marriage. He was waiting for the one-year to get things done. So it is not because of me! I hope they can see that.

Oh back to one of your concerns about co-sponsor. They do not have to reside in the same state as you. They just have to be living in US and be a US citizen or LPR (legal permanent resident). So looks like you have all that covered.

Also just please be sure and verify for your state to see if there's a waiting limit after a divorce. Some states you have to wait a year some 6 months some like you want to do next day. Just verify to be sure.

All the best to you.

You do not need a lawyer to do what you want to do. The lawyer would only be needed if you really messed things up and got denied. But you're here now, so you can learn how to do the right things.

They're not going to care even if he did divorce his wife to marry you. The only thing that will matter is he was legally able to enter into the marriage. That's why you need to look into how long after his last court date, will he have his divorce decree finalized. Then does his state have nay waiting period before a divorced person can remarry.

My bad I repeated you. Dang phone and updating.

[del-2-5-2014 1,339]

Your plan involves no visa, and you are not required to file papers to adjust status BEFORE your allowed stay (not visa) expires. Your problem is financial sponsorship. Your husband must count all his children under 21 no matter where they live and no matter whether he claims them as dependents on his tax return. Unless you can find a qualified joint sponsor, you will not be able to adjust status. If you overstay your allowed stay, then cannot find a sponsor, you could be subject to a ban from entering the USA again.

My advice is to find a sponsor. I wouldn't worry about warnings of red flags. If you're living with your husband and can show evidence you are, then there's really no bona fide relationship issue.

If you can show your income will continue from the same source after you adjust status, your income can also be counted. The details matter on this though.

Support is till the kids turn 21? I thought it was 18?