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Man with tourist visa entered the US and married US Citizen/ Is it a problem?

By Rujby in IR-1 / CR-1 Spouse Visa Process & Procedures

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Rujby Proficient

Rujby   23

Posted
Filed: Lift. Cond. (apr) Country: Haiti
 Timeline
Posted

Greetings,

I have a friend of mine living in haiti. He has a tourist visa for 5 years, he was in love with a US citizen. Recently, i went to the US and married the US citizen on his tourist visa. Can he stay in the US and make AOS ( Adjustment Of Status ) so that he can obtain the CR1? if not what can he does to avoid problem with immigration? Thank you for your prompt assistance guys. All comments are welcome.

Married---07/30/2011

USCIS Stage

11/07/2011-----I-130 Sent

11/10/2011---- NOA1 email received

11/14/2011---- Touched

1/4/2012 ------ RFE ( Request for Evidence ) email received

1/13/2012------ RFE document mailed to USCIS

1/25/2012------ NOA2 APPROVED ( Yahoooooooo )

NVC Stage

1/31/2012-------Case received at NVC

2/08/2012------- Case number received, IIN, both petitionner and benificiary email given

2/08/2012------- DS 3032 ( choice of agent ) emailed to NVC

2/10/2012------- AOS fee bill paid ( status: in progress)

2/13/2012--------DS 3032 accepted

2/14/2012-------- AOS fee bill shows " PAID" and IV fee bill invoiced

2/16/2012-------- IV fee bill shows " PAID"

2/17/2012-------- IV package sent via USPS

2/24/2012-------- IV package reviewed and accepted

3/27/2012-------- AOS checklist express mailed via USPS

3/28/2012-------- AOS Checklist received by NVC

3/30/2012-------- Case Complete ( Thank you Lord )

Medical / Consulate / POE

5/11/2012-------- Medical Exam

6/12/2012-------- Interview date / APPROVED

6/21/2012 -------- POE Newark, NJ

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Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

If he is in the US right now, and married - they can file for the AOS - he wouldn't be filing for a CR-1 - but for change of status from visitor to LPR.

If he wishes to go back home now, they would file for the CR-1.

Follow this guide. for the AOS

Follow this guide for the CR-1

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Rujby Proficient

Rujby   23

Posted
Filed: Lift. Cond. (apr) Country: Haiti
 Timeline
  • Author
Posted

If he is in the US right now, and married - they can file for the AOS - he wouldn't be filing for a CR-1 - but for change of status from visitor to LPR.

If he wishes to go back home now, they would file for the CR-1.

Follow this guide. for the AOS

Follow this guide for the CR-1

[/quotD

Don t you think he gonna be considered as overstaying on his tourist visa if he stays in the US and the process is not over yet?

Married---07/30/2011

USCIS Stage

11/07/2011-----I-130 Sent

11/10/2011---- NOA1 email received

11/14/2011---- Touched

1/4/2012 ------ RFE ( Request for Evidence ) email received

1/13/2012------ RFE document mailed to USCIS

1/25/2012------ NOA2 APPROVED ( Yahoooooooo )

NVC Stage

1/31/2012-------Case received at NVC

2/08/2012------- Case number received, IIN, both petitionner and benificiary email given

2/08/2012------- DS 3032 ( choice of agent ) emailed to NVC

2/10/2012------- AOS fee bill paid ( status: in progress)

2/13/2012--------DS 3032 accepted

2/14/2012-------- AOS fee bill shows " PAID" and IV fee bill invoiced

2/16/2012-------- IV fee bill shows " PAID"

2/17/2012-------- IV package sent via USPS

2/24/2012-------- IV package reviewed and accepted

3/27/2012-------- AOS checklist express mailed via USPS

3/28/2012-------- AOS Checklist received by NVC

3/30/2012-------- Case Complete ( Thank you Lord )

Medical / Consulate / POE

5/11/2012-------- Medical Exam

6/12/2012-------- Interview date / APPROVED

6/21/2012 -------- POE Newark, NJ

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Done--Really Proficient

Done--Really   331

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

Overstays are forgiven once the AOS is in process (assuming it is accepted). The clock stops ticking once the documents are filed.

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Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

Don t you think he gonna be considered as overstaying on his tourist visa if he stays in the US and the process is not over yet?

Once he files for the AOS - his status is "frozen" as "Applicant awaiting adjustment of status" - since he is waiting for USCIS to make the determination on the adjustment - he is "safe"

However, if he has 180+ days overstay, even if you are granted an AP - I would not leave the US till the green card is in hand. (your narrative makes it seem he just came over, so this should not be an issue).

As mentioned above, any overstay he has will be "overlooked" if the AOS is approved. If it isn't - then all bets are off.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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skiptex Proficient

skiptex   225

Posted
Filed: AOS (apr) Country: Venezuela
 Timeline
Posted

Greetings,

I have a friend of mine living in haiti. He has a tourist visa for 5 years, he was in love with a US citizen. Recently, i went to the US and married the US citizen on his tourist visa. Can he stay in the US and make AOS ( Adjustment Of Status ) so that he can obtain the CR1? if not what can he does to avoid problem with immigration? Thank you for your prompt assistance guys. All comments are welcome.

am in the only one confused?!

Op has friend with visa..

friend was in love with USC..

OP went to USA to married USC on HIS Tourist visa..

how many people are involved? :blink:

K101/17/2012.....I-129F ..... sent to Dallas, Texas

01/25/2012.....NOA1 (text & email) ..... sent to Vermont Service Center

01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

10/17/2012.....INTERVIEW @Caracas Embassy... APPROVED!!

12/31/2012.....POE.. Miami, arrived to AUSTIN next day smile.png

02/16/2013.....Married!!

AOS - K1

05/06/2013.....I-465 & I-765 sent USPS priority mail

05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
05/29/2013...... Biometric scheduled. . Austin office

07/15/2013...... EAD card arrived in mail today smile.png

10/20/2013...... Green Card approved! NOA hardcopy received!

10/31/2013...... Green Card Delivered!!

ROC-I-751
07/21/15 90 day Window Opens

07/24/15 I-751 Mailed to Cali. Service Center
09/03/15 Biometeric scheduled and completed

01/26/16 ROC Letter arrived
01/30/16 10 yr Green Card arrived

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Navyk Experienced

Navyk   78

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

am in the only one confused?!

Op has friend with visa..

friend was in love with USC..

OP went to USA to married USC on HIS Tourist visa..

how many people are involved? :blink:

No, you are not the only one. The way it is drafted, I think the OP and his friend are one person.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

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KG520 Apprentice

KG520   1

Posted
Filed: IR-1/CR-1 Visa Country: Haiti
 Timeline
Posted

am in the only one confused?!

Op has friend with visa..

friend was in love with USC..

OP went to USA to married USC on HIS Tourist visa..

how many people are involved? :blink:

NO you are not the only one confused!

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Leatherneck Grand Master

Leatherneck   693

Posted
Filed: Country: Philippines
 Timeline
Posted

am in the only one confused?!

Op has friend with visa..

friend was in love with USC..

OP went to USA to married USC on HIS Tourist visa..

how many people are involved? :blink:

I too noticed that slip up with the "i went" that became a "his tourist visa."

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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