Tourist Visa Marriage

[Johnnie J 0]

I'm on the same boat.

I came here initially to visit my gf and ended asking her to marry me, we had plans on getting married next year. But the distance was just so so hard.

Entered the US on May 15th and got married July 11th. We are sending the AOS packet next week so wish me luck...

[tik39 0]

HI. I`m new on this site and I have some questions. A friend of mine is married with an American citizen. They are in Visa K3 process, but they want to know if she will apply for a tourist visa without any problem. She is already pregnant.

Thank you very much for your help, and sorry for my english

[Johnnie J 0]

HI. I`m new on this site and I have some questions. A friend of mine is married with an American citizen. They are in Visa K3 process, but they want to know if she will apply for a tourist visa without any problem. She is already pregnant.

Thank you very much for your help, and sorry for my english

She can't apply for a tourist visa while the K3 is proccessing. You can't apply to two visas at the same time or while one is pending.

[Cécy 44]

HI. I`m new on this site and I have some questions. A friend of mine is married with an American citizen. They are in Visa K3 process, but they want to know if she will apply for a tourist visa without any problem. She is already pregnant.

Thank you very much for your help, and sorry for my english

She can't apply for a tourist visa while the K3 is proccessing. You can't apply to two visas at the same time or while one is pending.

Yes you can. I cannot say for the K3 but I know that some people have applied for a tourism visa while K1 was pending.

The one thing being you're at risk of being denied the visa or worse asked to return when you enter the country if they have doubts that you might stay.

[steve&tan 0]

I'm still confused on one's legality to stay after you submit these things. Can anyone clarify that?

After you submit the AOS and petition package, you should receive receipts from USCIS for each form you sent, they are called "Notice of Action" and they are the proof of your status in the US after your I-94 expires. Your status will be called "pending Adjustment of Status" and you can stay in the US legally until a decision has been made in your case.

Sweetpiano,

Where did you come across this info ("pending Adjustment of Status")? I've been all over the USICS web site and it appears not to be addressed. The Immigration and Nationality Act (INA) doens't appear to address this either. My wife and I travelled to the USA 8 times with our son. She had/has a 10-year B1 visa. My company changed overseas status to domestic while out for medical. We married Dec 07, when I petioned with I-130. That was approved last month. I then sent the 485 and supporting docs. She left to home country for 1 month in Jan 08 and retuned Feb 08. Her 6-month I-94 expired in Aug. I applied for extension (since I couldn'd find the applicable law) but was rejected. I thought her status in in limbo, until I read your info. This is great news, but can you explain where you get the info?

Thanks much

[scubapam 0]

Hi Proud Army Wife!

Can you tell me if you were overstayed on your B2 visa and if so how much? Did you have any issues with being over when filing your AOS?

My husband and I were just married on November 1st and preparing all of our paperwork. He is under the 180 days overstay but it's getting close. It's the biggest concern I have with the whole process. He did not come here with the intent of marrying so that is no concern.

Thanks!

Hi WilliamGuy,

Eventhough I filed my AOS late March...I did came on a B2, met my husband got married a year later n file to adjust my status...if you check out my signature you can have an understanding of the timeline n how long it takes.I've received my Interview Letter exactly 4 months after we filed n I estimated another 1 month if approved to recieve my GC so all together the average filing is 6-9 months,some less, some more, as I said all cases are different! my thoughts to you is gather all the imperative documents to prove to USCIS that ur wife had no intent to immigrate on a visitors visa as her intent may or may not be question at the interview so always be prepared.....My interview in on the 29th so I will keep you abreast!!

P.S you mentioned that u hired a Lawyer.. We did our paperwork all by ourselves...no lawyer!

Hope this helps...n good luck to you on ur journey !!

[vof 0]

I'm just making the adjustment to her status from a tourist visa to an immigrant visa. Yes we have received her NOA's. We had NO intention of getting married before she came here, she was actually introduced to me through a family friend. I want to know if someone had any similar experiences.

U would have to PROVE IT, I would send her back and then do the I-130

[highlanderc 0]

My real question...

Where you all IN The US while all the processing took place? Or did you have to go back to your country while waiting?

Thanks

[sasaqlain 24]

I am on B-2 and got married within a weeks time of my arrival. My wife a USC applied for an I-130 right after. I have been visiting the US since 1993 on B-1/B-2 visa's. Am awaiting the NOA1 since the check has been cleared. Many people come here with various problems and as many replies that differ on the same problem. Yes, you can apply for AOS while on B-2 and I am doing it while I am in the US. Many get away with intent of fraud, and many genuine cases get stuck for years. All Luck. Just file your case as long as you entered legally. Leave the rest to preperation and fate. Am about to file the I-485 and EAD. Have no intention of hiring a lawyer since they are a waste of money if you can understand the process yourself.

Best of Luck to all and pray for me.

[Cécy 44]

My real question...

Where you all IN The US while all the processing took place? Or did you have to go back to your country while waiting?

Thanks

You have to be in the US. If you are out of the country then you should apply for a K1, K3, IR-1/CR-1 depending on your situation. Adjusting your status directly requires to already be on US soil and to have entered without the intent to immigrate.

[dhealys 0]

hi.. i also came here on a tourist visa and adjusted status from that after getting married.. please refer to my signature.

we also didn't hire a lawyer. we just refered to the guidelines provided by VJ and everything went ok.

good luck to you

did you get married while on a tourist visa, and then re-adjusted your status when you left the country. some confusion here, as is it ok to marry on a tourst visa and then leave, and then re-adjust your status when you have left the country. im thinking of getting married in jan, then leaving, and then apply for aos, and dont come back untill it is finalised.

have you any ideas what the best way is.

[sasaqlain 24]

Yes dhealys,

I arrived on a B-2 and got married here. Applied for I-130 and now preparing documents to file for AOS. Intend to do it from here in the US. If i leave now its gonna be a lenghty procedure and i can stay outside the US for that long and leave my wife behind.

[Jon&Lindsey 0]

hi.. i also came here on a tourist visa and adjusted status from that after getting married.. please refer to my signature.

we also didn't hire a lawyer. we just refered to the guidelines provided by VJ and everything went ok.

good luck to you

did you get married while on a tourist visa, and then re-adjusted your status when you left the country. some confusion here, as is it ok to marry on a tourst visa and then leave, and then re-adjust your status when you have left the country. im thinking of getting married in jan, then leaving, and then apply for aos, and dont come back untill it is finalised.

have you any ideas what the best way is.

You have to adjust while in the US if you are adjusting from a tourist visa. You can't do it from outside the country or leave without your GC/AP (leaving without either means you are assumed to have abandoned the application, and it may be a risk to use the AP, especially if you have overstayed).

If you want to come as a visitor, marry and leave before your stay expires, that's fine, but you would then be applying for a spousal visa (K3/CR1) not AOS. Alternatively, you could apply for and obtain a K1 fiance visa, arrive in the US, marry and do AOS. As soon as you got your AP, you could travel. Remember that coming as a visitor *with intent* to stay and adjust is fraud.

Edited December 10, 2008 by Jon&Lindsey

[Cécy 44]

hi.. i also came here on a tourist visa and adjusted status from that after getting married.. please refer to my signature.

we also didn't hire a lawyer. we just refered to the guidelines provided by VJ and everything went ok.

good luck to you

did you get married while on a tourist visa, and then re-adjusted your status when you left the country. some confusion here, as is it ok to marry on a tourst visa and then leave, and then re-adjust your status when you have left the country. im thinking of getting married in jan, then leaving, and then apply for aos, and dont come back untill it is finalised.

have you any ideas what the best way is.

As said above you can come to get married on a tourism visa (I wouldn't advertise it too much at custome thought), if you area already planning to immigrate, then you should leave after the wedding, go back to your country and apply for a spouse visa.

If you want to do it the easiest and best way immigration wise, then you should apply for the K1, you will then be able to go to the US and marry your fiance there and following that adjust your status by asking for a GC.

Adjusting your status (GC process) can only be done from within the United States (although you can travel with an AP during the process), any other process done outside of the US is usually a Visa request.

Edited December 11, 2008 by Cécy

[Tactful* 0]

My real question...

Where you all IN The US while all the processing took place? Or did you have to go back to your country while waiting?

Thanks

If you were anywhere near me, I'd give you a BIG HUG. I am in the same position as you and I feel like when I ask for advice, I am being judged. I love your response and it has made my day. I came here in the Summer of this year and got married in flip flops and jeans. I had my suitcases packed and ready to go but the pain and anguish of leaving my honey was so much that I decided to stay. I left all my furniture and personal belongings, I didn't resign from my job and all in all, I had to do a Power of Attorney to get my stuff packed and shipped. I came out of an abusive relationship four years ago and never thought I would ever find the love I did. I will hold you up in my prayers and again thank you so very much for your reply.