HELP what should i do

[Bobby+Umit 161]

He is making big trouble for himself like this.

It is called Visa Fraud if one comes to USA on tourist visa, get married and dont have intention to return back to home country. This would cause him ban penalty for staying in USA on expired visa.

Suggestion: He must return to his home country, file for waiver then start immigration application. Better to hire an attorney so you can explain your entire case and can get the best help in this matter.

This premise is incorrect to the OP.

There is no mention of "visa fraud" at all. You are making an assumption. They never said they had the intention to get married, they just did. Even if they did, and this is important, it would not cause any issues in the AOS.

The determination of AOS is based on "adverse factors" - have enough of them, and you won't make it. Being out of status is adverse, however, it doesn't rise to the level that would result in a denial. Even working without permission, as long as you didn't claim USC or use a fake SSN, is not enough.

The law currently allows visitors to AOS if they are in the US legally, and married to an USC. This threshold is met by what the OP stated.

The advice to leave now, not knowing how much out of status days they have is harmful, if they have more than 180+ days, they would be looking at a 3 year ban.

Overstay, for a person marrying an USC, is not counted against them during the AOS, as long as they remain in the US till they get the greencard.

PLENTY of people have done this, with no repercussions due to the way the law/procedures/rules are written.

They should AOS ASAP, and start progress toward the greencard.

[ceadsearc 516]

Agreed with the last posting. Leaving now is BAD ADVICE. Unless there was intent and material misrepresentation (nothing to suggest that so we must assume it was unplanned) it is legal to adjust from a tourist visa.

The couple should follow the VJ guide for AOS. Step one would be to get a medical exam with a civil surgeon.

[Maria TH 20]

It is called Visa Fraud if one comes to USA on tourist visa, get married and dont have intention to return back to home country. This would cause him ban penalty for staying in USA on expired visa.

It will not be Visa Fraud if the boy entered US without intention to get married and he can adjust status. Overstay will be overlooked when married to USC.

Suggestion: He must return to his home country, file for waiver then start immigration application. Better to hire an attorney so you can explain your entire case and can get the best help in this matter.

This is BAD SUGGESTION. Don't leave the country until you have green card in hands. Because of overstaying, the boy might not be able to get back to USA.

Adjust status as soon as you are ready, follow this guide.

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

:luv:

[Deputy Purple 1,294]

@ OP, how many time do you have to ask the same questions?

This isn't like fishing where you can pick-up your line and move to a different spot hoping for better answers.

Return to one of your previous (and recent) threads and accept the answers you've already received...

Related threads by OP:

http://www.visajourn...ost&pid=5061308

http://www.visajourn...ost&pid=5049852

[Ban Hammer 13,492]

another thread merged with this one. as stated several times before - do not start multiple topics on the same subject.