married 1week ago, visa expires tomorow

[Brainwaves 0]

Hello everybody.

I have a problem, im married 1 week ago and my visa expire tomorow (its not really a visa, it's an autorisation to stay 90 without visa as a tourist). Can I stay longer if i send the fees today? Should I need just the petition for alien relative, or alien relative + permanent resident fees?

I'm lost. I don't know what to do? Should i come back in my country (im french, my husband is american, we are in the usa)

What will happen? help me please.

thank you for your help

[bt1 42]

Hello everybody.

I have a problem, im married 1 week ago and my visa expire tomorow (its not really a visa, it's an autorisation to stay 90 without visa as a tourist). Can I stay longer if i send the fees today? Should I need just the petition for alien relative, or alien relative + permanent resident fees?

I'm lost. I don't know what to do? Should i come back in my country (im french, my husband is american, we are in the usa)

What will happen? help me please.

thank you for your help

It depends what you are applying for?

[SF2007 48]

If are talking about applying straight for AOS, you need to prove without a doubt you did not come to the U.S. with an immigrant intent (coming in the U.S to marry a USC and not returning to your home country IS immigrant intent). Using one visa for another purpose is illegal and they will deny your petition and ask you to leave. Even if you are now married to a USC you were only admitted as a tourist. Thus, you have to go back home and obtain an immigrant visa to move to the U.S. Someone can correct me if need be, but I believe that if you stay past when you said you would leave, you start accumulating overstay. If you go over 180 days it triggers a 5 year ban.

I say you should go home and have your husband petition a spouse visa on your behalf. You will be able to move definitely to the U.S once you have obtained your visa. You will also be able to visit while your application is pending.

Read the guides carefully before you make your choice : http://www.visajourney.com/content/guides

Bonne chance!

[VanessaTony 3,567]

If are talking about applying straight for AOS, you need to prove without a doubt you did not come to the U.S. with an immigrant intent (coming in the U.S to marry a USC and not returning to your home country IS immigrant intent). Using one visa for another purpose is illegal and they will deny your petition and ask you to leave. Even if you are now married to a USC you were only admitted as a tourist. Thus, you have to go back home and obtain an immigrant visa to move to the U.S. Someone can correct me if need be, but I believe that if you stay past when you said you would leave, you start accumulating overstay. If you go over 180 days it triggers a 5 year ban.

I say you should go home and have your husband petition a spouse visa on your behalf. You will be able to move definitely to the U.S once you have obtained your visa. You will also be able to visit while your application is pending.

Read the guides carefully before you make your choice : http://www.visajourney.com/content/guides

Bonne chance!

Sorry lots of things wrong.

1. You don't need to "prove" lack of immigrant intent. However sometimes CBP try and trick you at the border so it depends what was said at the border.

2. 180 days overstay triggers a 3 year ban IF the OP was the leave the US after the 180 days and without having their GC approved. Once the OP has a GC the overstay is no concern.

3. If the OP was to leave now then she would no longer be able to use the VWP due to the overstay.

[VanessaTony 3,567]

Hello everybody.

I have a problem, im married 1 week ago and my visa expire tomorow (its not really a visa, it's an autorisation to stay 90 without visa as a tourist). Can I stay longer if i send the fees today? Should I need just the petition for alien relative, or alien relative + permanent resident fees?

I'm lost. I don't know what to do? Should i come back in my country (im french, my husband is american, we are in the usa)

What will happen? help me please.

thank you for your help

You arrived on the VWP and are now asking about your choices. You have a couple of choices:

1. Stay in the US and have your husband file the I-130 and you the i-485 (they go together) to obtain a GC. You cannot leave without AP or a GC. It will cost $1070 for the I-485, and $420 for the I-130. You also need a medical (around $400.. depends which CS you go to). You will also need to get someone to send you your birth certificate and other required documents.

2. Leave and have your husband file the I130 for a CR1 visa.

Up to you really but seeing you've already started the overstay clock (and can no longer use the VWP) I would try AOSing (option #1).. that is unless they asked about about it at the border in which case it would be risky.

[Penguin_ie 5,996]

***** Moving from AOS from Family... to AOS from Tourist visa, as OP is here on the VWP *****