Married on Tourist Visa

[labound 0]

You said you don't know the difference between a B1 and a B2, but like Harpa Timsa I would assume that your wife entered without a visa, purely based on the fact that you stated she got only 90 days to stay. You never confirmed that (unless I totally overlooked it), but it would be important to actually open her passport and look for a visa.

If there's a B1 or B2 visa in there, you guys can take a deep breath, as any potential overstay will not be made an issue of at the Adjustment of Status (AOS) from non-immigrant to immigrant.

If your wife does not have a visa, and also in light of your quicky marriage, you are looking at 2 options:

1) File an I-130 petition (petition for an alien relative) this week. Have your wife return to Her Majesty's Kingdom before December 16th. Once the I-130 is approved, your wife can apply for a CR-1 visa. Once issued, she enters the US as a Lawful Permanent Resident (LPR) and receives her Green Card a couple of weeks later in the mail. No AOS, no headaches, no fear of dire consequences.

2) Find somebody competent in AOS issues and get your I-130, I-485 and I-765 out ASAP via USPS Express Mail.

Don't make a mistake, don't forget anything, don't enclose a check that doesn't have the exact amount and you should be fine, as long as the petition is being accepted in time.

If that doesn't happen and your wife overstays for a few days, heck . . . even stays until after Christmas and New Year's . . . no big deal. The overstay would prevent her from entering the US again without a visa, but when it comes to the CR-1, it won't have an impact as long as no 180-day overstay would trigger a 3-year bar. Needless to say, while out of status, your wife should keep a low profile, not being arrested for doing' fireworks on New Year's Eve and not trying to visit Niagara Falls.

Good luck.

Well there's no slip in her passport. Which means no B1/B2, which she was on here last time. So i'd assume she's on VWP...So we have 'itll the 15th of December. I'm Making an appoitment with the docs tomorrow for the biometrics and mailing everything together once that's done. Which will lead to overstay. You mentioned that wont be an issue as long as she stays outta trouble,but im guessing you talking about overstay being a non issue on b1/b2?

thanx for your help!

[labound 0]

Also..by looking at several people's timelines, it looks as if they did there biometrics exam after the sent the AOS forms?

[

Edited December 1, 2010 by labound

[Harpa Timsah 13,258]

You are still confused my friend. Biometrics is an appointment to take fingerprints given by the USCIS while your application is pending. It is not a medical. You MUST get your application accepted before she overstays, because she entered on the VWP. Did you read my other response? I spent a lot of time explaining things for you, but I tries to sum that you MUST get it accepted before she overstays... (and this can take a week or more). Mail it by this Friday. If she overstays, she can get denied flat-out just for overstaying her VWP. Then she gets deported and gets a 10-year ban from the US.

And, I really BET she never had a B2 visa. Did she ever apply at the consulate in London for a tourist visa? I bet she just came to visit... which is her right as a UK citizen. This action = VWP. Furthermore, B2 visas are given 180 days to visit, VWP is given 90 days. Please read my other response carefully.

[K and L 27]

If I can be blunt, you don't know what you're doing, and you have a very limited time in which to do this and do it correctly if you want your wife to not banned from the US.

Think very carefully about the ramifications of this. You would have to move to the UK. For the next 10 years, you could not visit your family with your wife. You might have a greater fight in 10 years to get her visa, if you and your wife wished to live in the US.

If you file for the CR1, your wife can stay until the 15th. She can even visit you other times while her case is pending (though the "90 days in / 90 days out" guideline would be best to follow). She'll have time to close up her life in the UK -- something she cannot do under the option (as she cannot leave the US while a concurrent I-130/I-485 filing is pending).

It really seems like it's in your best interests to go the CR1 route rather than adjust off the VWP.

[cookieandcream 10]

Ok what you need to do this morning is :

Contact a good lawyer,

Find a doctor = lawyer will recommend a few pbb

Order birth certificates ( yours and hers )

Get a letter of employement

Get you last W2 ( 2009 )

THIS IS WHAT YOU HAVE TO DO THIS MORNING!!!!!

I really don't want to be mean but it's obvious you have no idea what you re getting into, if you love your wife get her a lawyer this morning

[labound 0]

why must i find a doctor? im confused. everyone else on here is sending their biometrics after the AOS forms.

[Harpa Timsah 13,258]

Because, as Vanessa told you, and I told you, the medical is NOT the biometrics. THEY ARE TWO SEPARATE THINGS!! Forgive me for being frustrated, but you are putting you and your wife's future in the US at risk.

1. The medical is a doctor's appointment, by a USCIS appointed doctor. They fill out I-693 and give it to you in a sealed envelope. This is included in your initial submission.

2. Biometrics is a fingerprint appointment given to you AFTER you send in all of your paperwork.

Medical and Biometrics are two different things. There is no such thing as a bio-medical. There is a medical appointment done by a doctor before you apply, and there is a biometrics appointment after you apply.

[K and L 27]

why must i find a doctor? im confused. everyone else on here is sending their biometrics after the AOS forms.

Biometrics are things like fingerprints, photographs, DNA, retinal or voice scans (though they're not taking DNA, retinal or voice scans at USCIS - only fingerprints and photographs). They're biologically based identification metrics that uniquely identify you. Biometrics are regularly taken throughout the immigration process, so USCIS can prove the same person is filing for everything. When you come on a normal immigrant visa, you provide your photograph and fingerprints when you get the visa, when you enter the country, when you file for your PLR (if your visa allows it - K1, H1B, J1/F1, etc), when you lift any conditions, when you renew ... etc. Biometrics are taken directly by USCIS or CBP personnel.

The medical appointment is completely different. It's where immigrants prove they have no communicable diseases (typhoid, syphilis, TB, and formerly HIV) and are in acceptable health. (Being obese or having diseases such as diabetes, HIV, cancer, heart problems, etc will not adversely affect your medical exam.) You have a basic physical and some blood tests and x-rays, and have to provide vaccination records. Medical exams are performed by authorized civil surgeons (both in the US and abroad). They are necessary at certain stages of immigration.

As the others have said, you do not provide biometrics (above and beyond a passport photo) when filing the I-130/I-485 concurrent application. You do provide the (sealed) results of your medical exam (the I-693 form that the doctor fills out, certifies, seals, puts in an envelope, and signs across the seal) with your I-485 application. It's required for all permanent legal resident applications, no matter how you got here or when you applied.

According to the VisaJourney statistics for AOS and CR1, it takes approximately 12-14 days for the USCIS to accept your application after they have received it. Today is December 2nd. You have run out of time, if you have not yet scheduled the medical exam with an authorized civil surgeon. Even if you managed to get one in tomorrow, and overnight the documents to USCIS, you MIGHT get entered into the system by the 15th, but more than likely, you will not.

I STRONGLY recommend you reconsider your decision to not have your wife return to the UK when her VWP time is expired.

[Brother Hesekiel 2,236]

I really don't know how I can make this easier to understand.

Your wife is here without a visa as part of the VWP. Not a problem. You guys can still do AOS as long as your application is being received and accepted before your wife's I-94 expires, which is on December 15. Because this date is so close, and because USCIS may take about 5 to 6 days to formally accept it and send out a NOA (Notice of Action) which means "status pending," you have only 1 shot to do this right before your wife will "overstay her 90 days.

Therefore, make sure you enclose everything in your application, sign the forms, and add a check with the correct amount. If you enter 1 dollar too much, they'll send it back to you and that's it for AOS.

Are we on course so far?

Okay, so you'll send your AOS in. If you happen to run into problems, and it's later than December 15, your wife will overstay. Again, not a problem, as only an overstay of 180 days will trigger the automatic 3-year bar. You then wait until about December 22nd, by which time you definitely should have received the NOA from USCIS. If so, meaning if they accepted your AOS petition before December 15, you are fine. Wifey can stay.

If something goes wrong, let her stay over Christmas and New Year's or even a bit longer, but then she has to go back to the U.K. and file for a CR-1 visa. For that to happen, your I-130 application, which is part of the package you are mailing in, has to be approved.

Now . . . since she overstayed a few weeks, she cannot travel back to the USA without a visa. She would need a B2 which she won't get as they would assume immigration intent. Duhhh!

So, once back in the U.K., she' ll have to stay put until the CR-1 is approved. With it, she'll arrive in the US as a lawful permanent resident.

I hope you understand this now.

- If there's no overstay until the AOS petition is accepted, she can stay here in the US until she gets her Green Card.

- if there's no overstay she can travel back to the U.K. and come back without a visa.

- if there's overstay, but less than 180 days, she can travel back to the U.K. but can't come back before the CR-1 is approved.

- if there's an overstay of 180 days, you're in deep sh*t.

Edited December 3, 2010 by Just Bob

[icee 0]

why must i find a doctor? im confused. everyone else on here is sending their biometrics after the AOS forms.

hi,

go through your wife's passport once again. See if she has a visa sticker on her passport and a little white piece of paper with the information that tells when she entered the country and when it expires, that paper is called I-94. first you have to find out if she has her visa and then you need to understand what is VWP. Biometrics is also done when entering the country - like at the airport at the passport control they get finger prints before they put stamp on her I-94 and let her in the country, so maybe that's what you are reading here. But biometrics is not a medical test.

After all if you still decide to do AOS for your wife, then here are the following forms to be filled out:

1. Form I-130 - Petition for Alien Relative and supporting documents: your birth certificate, copy of your wife's birth certificate with translation attached (if it is in other than English), copy of her passport, including biographical page and I-94 front and back; and copy of marriage certificate; and money - fee for the form - they have new fees starting this month, go on their website and check the price.

Form G-325A for you, with one color photo - put the photo in a plastic bag and put your name on it.

Form G-325A for your wife with her 2 color photos - put it in a plastic bag and put her name on it.

2. Form I-485 - Application to register Permanent Residence or Adjust Status and supporting documents: copy of your wife's passport, including biographical page, I-94 front and back; copy of your wife's birth certificate; copy of your marriage certificate; 2 color photos of your wife in a plastic bag with her name on it.

3. Form I-693 - medical examination and vaccination record - Here is your favorite part - check online uscis.gov on the list of the doctors who can do this for you. Usually what happens is that you call him/her and that doctor can fax you a list of vaccinations that your wife needs to get; in our city we had department of health, where they did all the shots for free. after she gets all the required shots the people (in my case) of department of health will send the records to your doctor, and the doctor will call you and make an appointment. This doctor basically fills out the form, includes all vaccination records & puts them in one envelop, so when you come he hands it over to you. Before he gives it to you he'll give general medical check up to your wife - like checking blood pressure, measuring her weight, etc. Do not open the envelop he gives you - otherwise you might be asked to do the whole process all over again.

4. Form I-864 this one is the time-consuming one, especially if your income doesn't meet their income requirements. If your income doesn't meet the requirements you'll need to find a co-sponsor; then you fill out this form anyway and your co-sponsor has to fill out the same form for himself/herself. The supporting documents would be: Tax returns for about 2 years, Copy of W-2, Pay stubs, letter from your work, your birth-certificate (& just anything you can find you believe will help to prove you have sufficient income). If you get a co-sponsor - he/she needs to submit about the same set of supporting documents; it gets complicated as you go, but you gotta come back here then.

5. I-765 - Application for Employment Authorization and supporting documents are copy of your wife's I-94 front & back and 2 color photos.

I hope it was clear and helpful.

Good luck.

A

[Myopia 93]

if you are in NY I wouldnt risk it! My lawyer told me yesterday, that she heard about that Cases in New York and New Jersey are being denied due to overstay (also California) I have an overstay for about 3 Weeks (cause we didnt get everything together until July this year, cause we didnt plan to get married.... at this time my lawyer NEVEr mentioned that there could be any issue with that, she said it would be forgiven, now ive learned that this is not 100% correct! But she also she is from Chicago, she had lots of people that were married under VWP and overstayed and all of her clients got approved! yes Im nervous and I wished I would have known at that time but too late now! But I would never do it again! At least I would file within the 90 Days if posible, otherwise Id go back home and apply for a Visa from there!!!

NYC is not one of the districts that are denying VWP overstays in the way that Californa and NJ are.

Chicago is considered one of the districts but according to your lawyer all her cases were approved. Wierd.

[MayoKy 10]

NYC is not one of the districts that are denying VWP overstays in the way that Californa and NJ are.

Chicago is considered one of the districts but according to your lawyer all her cases were approved. Wierd.

yep that is weird but thats what she says! I found out Kentucky is one of those destricts as well ( a day before the interview)I was freaking out about that, but I was approved immediately! the IO didnt even mention the overstay! I guess it is like in most USCIS related things, you just have to be lucky with your IO!

[Myopia 93]

yep that is weird but thats what she says! I found out Kentucky is one of those destricts as well ( a day before the interview)I was freaking out about that, but I was approved immediately! the IO didnt even mention the overstay! I guess it is like in most USCIS related things, you just have to be lucky with your IO!

Yea I dont believe that she knew what she was talking about. The fact that she mentioned that her cases are approved leads me to beleive that she was tooting her own horn. The truth is the Immigration Officers have always been the ones that make the decisions on these VWP. In California there was an actual memo. I havent heard the same anywhere else. I think we'll know soon one way or another. Maybe after the Dream act vote has been taken.

[cactus john 1]

My wife is here visiting for the holidays on a B1/B2 Visa. I came back to the US after living in Thailand for over 3 years to look for a job in September of this year.

I have found one this month and she would now like to stay here with me.

Are my chances of change of status good/bad or ugly. She has 6 months on her entry ( until the last day of May 2011 )and we wanted to file the correct paperwork asap.

Thanks in advance

[Harpa Timsah 13,258]

Cactus John, why don't you start your own thread so people can advise accordingly and keep things separate. I also see you replied to an old thread in the Tourist visa section. Hopefully a mod will split the topics.

Without knowing anymore information, if your wife was not planning to stay when she entered on her tourist visa, you can apply for her Adjustment of Status by filing a concurrent 130/485 petition. Here is the guide:

http://www.visajourney.com/content/i130guide2