If case is denied, will I overstay?

[Menaxoxo 1]

We're about to apply for AOS and my B-2 visa is expiring in less than 2 months. Let's say, we apply before my visa expires, then I won't over stay 'cuz the clock stops ticking when I apply. But if they decide to deny our case and it's been like 3 months later, will I automatically overstay? Or would I be given a period of time to file for an appeal or to return to my country?

Thanks!

[christera22 8]

Ok take some breath !

Now understand some facts very well before starting frowning. If you apply before your visa ends, its fine because as soon as you apply for AOS, your status becomes 'Pending Permanent Residence' , not overstay.

On the other hand if you apply months after your visa expired, the Yes you incurr overstay, which is not advisable. But then if your marriage is bonafide then of course the overstay is forgiven based on marriage to an USC.

But then i wd ask for your imputs : i presume you got a 3 months visitor visa and you got married on the 1st month only ? if so then you shd wait at least 2 months before you apply. Let us know and i will let you know why i am telling you to do this.

Overstaying too much has its own danger. If you are overstaying and you have`nt applied for AOS and if you are stopped for something by a cop and if he/she wants to see ur id : then you are in trouble. After I applied for AOS i used to carry a photocopy of the NOA`s.

Hope i have answered your question and a lot more. Let us know !

Edited July 22, 2009 by christera22

[Bobby+Umit 161]

We're about to apply for AOS and my B-2 visa is expiring in less than 2 months. Let's say, we apply before my visa expires, then I won't over stay 'cuz the clock stops ticking when I apply. But if they decide to deny our case and it's been like 3 months later, will I automatically overstay? Or would I be given a period of time to file for an appeal or to return to my country?

Thanks!

Your usually granted 30 days to leave the country if it is denied, during that time you can appeal it.

[Menaxoxo 1]

Thank you so much everyone. You are very helpful and make us feel much better about our situation.

I was granted to stay for 6 months. We got married on the 4th month of my stay. We didn't plan to get married.

I came to visit him to see how we would do together and we're so perfect for each other!!

We met last year in California. I was backpacking and he was working in the hostel.

We only got to know each other for only 3 weeks then I had to go back to my country.

We were emailing, chatting and talking on the phone for 4 months before I came here in March 09.

We decided to get married but the chance of us finding a joint sponsor is very slim

We don't want to be parted

[TayRivers 4]

Ok take some breath !

Now understand some facts very well before starting frowning. If you apply before your visa ends, its fine because as soon as you apply for AOS, your status becomes 'Pending Permanent Residence' , not overstay.

On the other hand if you apply months after your visa expired, the Yes you incurr overstay, which is not advisable. But then if your marriage is bonafide then of course the overstay is forgiven based on marriage to an USC.

But then i wd ask for your imputs : i presume you got a 3 months visitor visa and you got married on the 1st month only ? if so then you shd wait at least 2 months before you apply. Let us know and i will let you know why i am telling you to do this.

Overstaying too much has its own danger. If you are overstaying and you have`nt applied for AOS and if you are stopped for something by a cop and if he/she wants to see ur id : then you are in trouble. After I applied for AOS i used to carry a photocopy of the NOA`s.

Hope i have answered your question and a lot more. Let us know !

I am very interested to know why you are telling people this information, and please quote your source.

[Brother Hesekiel 2,236]

As I learned myself and to my utter surprise, when somebody with a visitor's visa gets married within the first 30 days, USCIS's default assumption is that the visitor came to the country to get married. If he or she marries after the first 30 days, the assumption is turned around. Crazy as it gets, but don't blame the messenger for it.

[christera22 8]

Tayrivers .............. thats it ...............its what JustBob said .........its crazy but thats how USCIS looks at it. Thanks JustBob.

[TayRivers 4]

Tayrivers .............. thats it ...............its what JustBob said .........its crazy but thats how USCIS looks at it. Thanks JustBob.

That is not true that if you get married within the first 30 days of a tourist visit they will USCIS default to looking at it as visa fraud.

They may ask you additional questions and may even request additional proof of your intent to depart the US when you entered.

I was more concered with the statement of if so then you should wait at least 2 months before you apply.

This is very bad advice, anyone who had filed for AOS from a VWP or Tourist Visa should apply for AOS before the expiry of their I-94 NOT after. Waiting 2 months to file will not make USCIS look any differently at your Application than they would if you filed the day after you got married. In 99% of AOS cases from a VWP/Tourist visa they are not asked one single question about their intent let alone denied for getting married within the first month.

[christera22 8]

Tayrivers .............. thats it ...............its what JustBob said .........its crazy but thats how USCIS looks at it. Thanks JustBob.

That is not true that if you get married within the first 30 days of a tourist visit they will USCIS default to looking at it as visa fraud.

They may ask you additional questions and may even request additional proof of your intent to depart the US when you entered.

I was more concered with the statement of if so then you should wait at least 2 months before you apply.

This is very bad advice, anyone who had filed for AOS from a VWP or Tourist Visa should apply for AOS before the expiry of their I-94 NOT after. Waiting 2 months to file will not make USCIS look any differently at your Application than they would if you filed the day after you got married. In 99% of AOS cases from a VWP/Tourist visa they are not asked one single question about their intent let alone denied for getting married within the first month.

Ya its true that in 99% cases they are not asked anything about intent. But marrying hurriedly just after entering US does show intent, unless otherwise it can be proved that the marriage was done in such a hurry due to some special reason or occasion that forced them to get married. We were asked what led me to marry and the IO asked the whole story ... . SO they indirectly try to understand your intent and may not ask "My dear sir , did you plan to ,marry before you got to the plane ? " So I am telling from my experience. Thanks.