Adjustment of status

[Heliosphan 1]

I know that you will need to provide supporting documents that you met your husband while you were visiting the US and not before you came into the US. USCIS is does not permitt immigrating to the US with the use of a Non-Immigrant Visa. (tourist visa)

This is a technical situation because what you are doing is the easy way to immigrate to the US and not applying for a Spouse (K-3) or Fiance (K-1) visa or CR-1, IR-1 or Direct Consular.

While marrying a US Citizen while visiting the US is not illegal, using a tourist visa to immigrate to the US is.

So I strongly suggest that you get a lawyer to know more about the options that you have.

It may cost some money, but it helps you understand your options because if you make a wrong move, you may have to go back to your country and apply for the K-3 Visa. (which takes average of 9 months to get)

The part highlighted is incorrect. you do not have to prove that you met you now spouse after your entry to the US. You may be asked at interview for evidence that you intended to return home after your visit to the US.

I had known my late wife all my life and we had spent every summer together as children, so knowing your spouse before hand does not stop you filling for AOS. As already said it all come down to intent at entry not when you met.

Jon

Yes, good point to make Jon. In fact, I was curious and confused about this at first, until I came across some of Kez's posts:) My husband and I were dating and even unofficially engaged before I came to visit him and ended up staying. It is all about intent.

Maraandres, there is a really good guide on here that provides everything you need to do and links to all the forms. There are a few confusing parts on some of the forms because you are filing them all together, so the answer is not always immediately obvious, but the answers are all on VJ somewhere, or you can ask.

I have a question and I dont know if this will make any sense to any of you. Since I cam here without any intention of getting married, I do not have my birth certificate and it will awhile before I could get it. will it be alright to send the package without my birthcertificate just so to start notifying USCIS that I have the intention of changing my status coz my stay will expire on the June 22, 2008. What do you think? Shall I go ahead and send my package without my birthcertificate?

Thanks a lot.

Hmm I think there may just be an RFE sent if you file without it so it shouldn't be too bad.

[Cécy 44]

Here are the guide lines to follow in your case:

http://www.visajourney.com/forums/index.ph...page=i130guide2

You also need to get a full medical done by an civil surgeon. You can find the ones in you area there: https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV and yes they tend to be expensive.

If you can obtain as much vaccination proof from your home country as you can, it will make your life a lot easier.

If you don't send all the papers; they are likely to request them during the process (RFE), as long as you are prepared for that...

In my opinion it's best to obtain a copy of your birth certificate to file though, it shouldn't take that long to get to you in the mail. Make sure you get it translated.

You can use the following statement at the end and do it yourself if you are fluent:

I certify that I am competent to translate from [Language] to English and that the above [identify the document and to whom it pertains] is a correct and true translation to the best of my knowledge and belief.

Signed:_______________

Address:______________

Telephone:____________

Date:_________________

[christera22 8]

Yes the intent is main as other VJers have suggested.If you had no intent and can prove it ..its fine .May be it wobnt even come up in the interview. Invisible law is you should get married before your I-94 expires.But you can apply even after a month of expiery ...as overstay is always forgiven on basis of marriage to a USC.But dnt get too late ...like months. I am in the same boat as you and my I-94 expired 10 days earlier and we are still getting ready to file ...Good luck..