Entered on a tourist visa

[LaRain 0]

Hello. I am wondering if anyone can offer some advice. My now husband entered on a tourist visa while I was pregnant. We did not have the intentions of getting married while he was planning on coming, but once he saw each other we decided to get married before the baby arrived. What do we do now that his tourist visa is about to expire? Is it best for him to return home while I file papers for him, or can we fight this since we have a son here?

Thank you!

[belinda63 3,041]

If he truly entered with no intention to immigrate you must just file the I-130 for adjustment of status.

If he choices to return to his home country you must file for the spousal visa.

You being pregnant or have a child together has no bearing on anything.

[LaRain 0]

Hello. I am wondering if anyone can offer some advice. My now husband entered on a tourist visa while I was pregnant. We did not have the intentions of getting married while he was planning on coming, but once he saw each other we decided to get married before the baby arrived. What do we do now that his tourist visa is about to expire? Is it best for him to return home while I file papers for him, or can we fight this since we have a son here?

Thank you!

[LaRain 0]

If he truly entered with no intention to immigrate you must just file the I-130 for adjustment of status.

If he choices to return to his home country you must file for the spousal visa.

You being pregnant or have a child together has no bearing on anything.

thank you for the response. how does one go about proving that the marriage was not premeditated? also, besides the 1-30, is there anything else I need to do right now? Can he stay here while the form is pending if his tourist visa expires within the week?

[Old Dominion 26]

Filing the I-130 is just part of the package of forms that must be prepared and sent off with fees to begin the Adjustment of Status process. Once the USCIS sends its notice of receipt, he is legally here until the application is acted upon. Look under Guides at the top of your screen for the Adjustment of Status process. I doubt you can start this from scratch today and get a USCIS receipt letter by the time his tourist visa expires.

Rather than risking it all, and having him barred from the US for overstaying his visa, best for him to return home and you begin the spousal visa process.

[payxibka 10,047]

file the I-130 and I-485 together... filing the I-130 alone is not enough...

[vip1 8]

If he truly entered with no intention to immigrate you must just file the I-130 for adjustment of status.

If he choices to return to his home country you must file for the spousal visa.

You being pregnant or have a child together has no bearing on anything.

thank you for the response. how does one go about proving that the marriage was not premeditated? also, besides the 1-30, is there anything else I need to do right now? Can he stay here while the form is pending if his tourist visa expires within the week?

You can prove it wasn't premiditated by showing he had a job to get back to, if he owened a house, basically if he had a life to get back to. If you can do this I would definitely have him stay here and file for adjustment of status, since is much faster and cheaper than having him go back to his country and file for a spousal visa. Plus you guys won't be apart anymore.

[LaRain 0]

If he truly entered with no intention to immigrate you must just file the I-130 for adjustment of status.

If he choices to return to his home country you must file for the spousal visa.

You being pregnant or have a child together has no bearing on anything.

thank you for the response. how does one go about proving that the marriage was not premeditated? also, besides the 1-30, is there anything else I need to do right now? Can he stay here while the form is pending if his tourist visa expires within the week?

You can prove it wasn't premiditated by showing he had a job to get back to, if he owened a house, basically if he had a life to get back to. If you can do this I would definitely have him stay here and file for adjustment of status, since is much faster and cheaper than having him go back to his country and file for a spousal visa. Plus you guys won't be apart anymore.

Thanks! Yes, he indeed had a job to go back to and owns property back at home. Where would I include that info in order to prove our intentions were not premeditated? Would I include it in a letter along with the I-3o form? Also, I'm confused, can I only file an i-30, or do I also need to file an I-485 at the same time?

Thank you all for your responses!

[Krikit 1,165]

Moving from the AOS From Family Based Visa to the AOS From Other Visa forum.

[km24 0]

Hello. I am wondering if anyone can offer some advice. My now husband entered on a tourist visa while I was pregnant. We did not have the intentions of getting married while he was planning on coming, but once he saw each other we decided to get married before the baby arrived. What do we do now that his tourist visa is about to expire? Is it best for him to return home while I file papers for him, or can we fight this since we have a son here?

Thank you!

Howdy! You guys can tie a knot before his I-94 expires and then immediately file for I-130 Petition for Alien Relative(Spouse) and I-485 Adjustment of Status. I advice you to hire a lawyer.

[km24 0]

Hello. I am wondering if anyone can offer some advice. My now husband entered on a tourist visa while I was pregnant. We did not have the intentions of getting married while he was planning on coming, but once he saw each other we decided to get married before the baby arrived. What do we do now that his tourist visa is about to expire? Is it best for him to return home while I file papers for him, or can we fight this since we have a son here?

Thank you!

My Aunt came here as a tourist visa and after like 4 months she tied a knot with her fiance. They immediately hired a lawyer and filed for I-130 and I-485. Once you have pending applications in USCIS, though your I-94 will expire, you're not still an illegal alien as long as you have applications waiting to be approved. So if your husband really wants to stay here, then better ask for lawyer's advice.

[htslogistics-john 1]

you don't need a lawyer, just file the aos package with ead and ap together, it only takes about 3 months approx if everything is in order. as long as he didn't intent on staying your fine and within the law. most of the time they won't even bring that up at the interview. look at my timeline i was in the same boat my wife was pregnant and everything went great and did spent money on lawyer i saved it for the baby. read the guides and do you homework about the proof like pictures bills etc.. so you're ready at interview. and don't get freaked out if you get RFE almost everyone gets RFE's for taxes. just resend them. good luck.

[Brother Hesekiel 2,236]

You, or, better, your lawyer, file the I-130 and the I-485 together. You'll get a notice of action shortly thereafter, allowing your husband to stay and to work upon the time your application is approved (or denied). He then has to apply for advance parole in order to fly home and wrap things up there.

At the interview, which will be coming as sure as the sun is going to rise in the morning, you'll have to present prove that the AOS with the B2 wasn't premeditated. Having an apartment or house and a job waiting there qualifies. The fact that you wanted to tie the knot before the baby arrives is also believable. You should be fine.

[sasaqlain 24]

Your case doesn't seem that complicated. Dont waste money on some lawyer. Do it yourself. If you can read and understand the instructions, you can do it without the help of a Liar. Sorry lawyer.

Here is what you need

I-130( Petition for Alien Relative)

I-131 ( Advance Parole, if you wish to travel outside while the case is still pending)

I-693 (Submission of Medical Forms with your application)

I-765 (Application for Employment Authorization)

I-864 (Submission of affidavit of support)

Many of us here have applied for adjustment of status while on Tourist visa.

Good Luck.

[trillium13 84]

Your case doesn't seem that complicated. Dont waste money on some lawyer. Do it yourself. If you can read and understand the instructions, you can do it without the help of a Liar. Sorry lawyer.

Here is what you need

I-130( Petition for Alien Relative)

I-131 ( Advance Parole, if you wish to travel outside while the case is still pending)

I-693 (Submission of Medical Forms with your application)

I-765 (Application for Employment Authorization)

I-864 (Submission of affidavit of support)

Many of us here have applied for adjustment of status while on Tourist visa.

Good Luck.

You will also need the I-485 which is the actual application to adjust status.

The guides here are great and will tell you everything you need to know:

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

Edited September 13, 2009 by trillium13