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Dijon

Newlywed-spouse visitor visa expires today

By Dijon in Tourist Visas

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Dijon Newbie

Dijon   0

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Filed: Timeline
Posted

I need your help!! Please. My husband and I got married on March 30, 2012 and his tourist visa expires today. He was unable to renew as the trip to Belize and Canada do not count. What should we do now? Does this mean he is here illegally after today? What if he leaves for the UK (his homeland) a week from today? Will be allowed to re-enter the US on a tourist visa until his permanent visa is approved as my spouse? Please help.

Dijon Newbie

Dijon   0

Posted
Filed: Timeline
  • Author
Posted

I need your help!! Please. My husband and I got married on March 30, 2012 and his tourist visa expires today. He was unable to renew as the trip to Belize and Canada do not count. What should we do now? Does this mean he is here illegally after today? What if he leaves for the UK (his homeland) a week from today? Will be allowed to re-enter the US on a tourist visa until his permanent visa is approved as my spouse? Please help.

Inky Grand Master

Inky   1,111

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

He needs to leave and go back to the UK today. He cannot over stay the visa.

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

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Harsh_77 Mentor

Harsh_77   718

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

Entering US with tourist visa with intent to marry and stay is immigration fraud.

If you have already filed for his visa, he needs to return home and wait there until his visa is approved.

Returning to UK and US would not grant him another 6 months on tourist visa any tourist is only allowed upto 180 days in US for a calendar year.

romnick Explorer

romnick   15

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

No, he wont be allowed back. His situation is like a person that attended a party and after the party he decides to stay back which means he has to face the consequency that may happen after the party. The best thing for him to do is to leave today. Goodluck.

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Inky Grand Master

Inky   1,111

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

If he overstays, will he be allowed back on a tourist visa.

Not likely, overstaying is a violation of the terms of the visa. Overstaying can cause bans from the USA.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

jaycali Experienced

jaycali   415

Posted
Filed: Timeline
Posted (edited)

If he's a UK citizen he shouldn't need a visa. Is he on a tourist visa or here on the visa waiver program?

Either way, overstaying his visa will now make him ineligible for future travel on the VPW and an almost certain denial of a future tourist visa.

The good news is, overstay of less than 180 days is generally forgiven for spouses of US citizens, so getting his green card through marriage to you in the future most likely won't be a problem.

You could also try to have him adjust status while he's here. If it wasn't intended from the get go it's fully legal to do. He then wouldn't have to leave. In fact, he absolutely should not leave for about 3 - 6 months. He also can't work for about 3 months.

Edited by jaejayC
jaycali Experienced

jaycali   415

Posted
Filed: Timeline
Posted

I need your help!! Please. My husband and I got married on March 30, 2012 and his tourist visa expires today. He was unable to renew as the trip to Belize and Canada do not count. What should we do now? Does this mean he is here illegally after today? What if he leaves for the UK (his homeland) a week from today? Will be allowed to re-enter the US on a tourist visa until his permanent visa is approved as my spouse? Please help.

No offense but why exactly did he not leave in the first place? You guys knew his visa was temporary..

Boiler Grand Master

Boiler   46,128

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

The VWP amongst other things requires a return/onward ticket.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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