Friend's fiance came on tourist visa can he stay?

[ishakandsylvia12 1]

I have a friend who's fiance came over on a tourist visa from South Africa. They are getting married next month. They have waited to be together for two years and now he does not want to go back, which is understandable. Please no negative comments I just am wondering simply is there a process where they could work on adjusting his status. Where would they go from here? Thank you in advance.

[JohnR! 5,495]

I have a friend who's fiance came over on a tourist visa from South Africa. They are getting married next month. They have waited to be together for two years and now he does not want to go back, which is understandable. Please no negative comments I just am wondering simply is there a process where they could work on adjusting his status. Where would they go from here? Thank you in advance.

Entering the US on a non-immigrant visa with the purpose to immigrate or AOS is considered fraud.

If they choose to act in accordance with the law, his wife can file for a his IR-CR visa immediately after the wedding takes place and he can stay in the US for as long as his I-94 states and return to his home country to finish the process, at the end of which he can return to the US and enter as a permanent resident.

If they choose to start the AOS process in the US - as many do - they need to be prepared to go through the proceedings, during which immigration may or may not require him to return home, depending on what information they have.

Many get away with it but there are always exceptions that prove the rule.

[johnny828 1]

Dont get marry too soon, best is to wait 3-4 months then get marry. He can stay there and do the AOS after marriage, but it still depend on the immigration officer. If you marry too soon, they might think you are visa fruad, so good luck.

[Harpa Timsah 13,258]

The OP says nothing about preconceived intent and when you marry does not matter. Here is the VJ Guide: http://www.visajourney.com/content/i130guide2

COmplete advice cannot be given without complete information, which won't happen as this post is about a "friend."

[ishakandsylvia12 1]

The OP says nothing about preconceived intent and when you marry does not matter. Here is the VJ Guide: http://www.visajourney.com/content/i130guide2

COmplete advice cannot be given without complete information, which won't happen as this post is about a "friend."

Thank you all for the info. Not sure what you are implying with the "friend" but if you are thinking I'm talking about myself you are wrong. I only wish my husband was over here but I am patiently (sometimes not so patiently) waiting for our I-130 to be approved. I do not even think that my husband could get a visitor's visa because he does not have enough evidence tying him to his home country. Anyways, what other information were you looking for?

[MlovesW 7]

Dont get marry too soon, best is to wait 3-4 months then get marry. He can stay there and do the AOS after marriage, but it still depend on the immigration officer. If you marry too soon, they might think you are visa fruad, so good luck.

This is not entirely true. My husband and I married one month and four days after his entry on a B2. We had our interview yesterday and time frame never came up. We were approved on the spot..

[akihon 129]

This is not entirely true. My husband and I married one month and four days after his entry on a B2. We had our interview yesterday and time frame never came up. We were approved on the spot..

you could also be the exception. what happens to you may not happen for others.

[AF-Wife 181]

you could also be the exception. what happens to you may not happen for others.

Happened to me too. We got married 4 weeks after I came to the US under VWP. I don't believe there's a timeframe, that you have to wait until you get married to look better in the eyes of USCIS. If he didn't misrepresented himself at the point of entry, there shouldn't be so much to worry about.

[MlovesW 7]

Happened to me too. We got married 4 weeks after I came to the US under VWP. I don't believe there's a timeframe, that you have to wait until you get married to look better in the eyes of USCIS. If he didn't misrepresented himself at the point of entry, there shouldn't be so much to worry about.

Thank you AF wife. From some of the senior members I have seen reports that the "wait a set period of time before marrying and filing AOS" is a wives tale that is false. I guess you have to do what you feel is right. We married and filed the same day..

Plus if you wait to long you incur overstay which could also cause problems should the AOS not go through.. Just another thought

[Darnell 8,478]

I have a friend who's fiance came over on a tourist visa from South Africa. They are getting married next month. They have waited to be together for two years and now he does not want to go back, which is understandable. Please no negative comments I just am wondering simply is there a process where they could work on adjusting his status. Where would they go from here? Thank you in advance.

we've a guide for that.

[ValerieA 350]

Just have them follow the guide Harpa provided, and they don't need to worry about when they are getting married. File as soon as possible after the wedding, and he should have his green card approval 3-5 months later, barring any serious negative factors like misrepresentation at entry, which are far beyond the scope of this thread.

[DandT14 272]

Many get away with it but there are always exceptions that prove the rule.

Many get away with following a completely legal process?? Shocking!

[HELP me please 17]

From what I know, as long as his legal presence is valid, for example his i-94 has not expired and he has a pending case, such as AOS, that he should be fine and will not be subject to deportation. =)

[Sunnyland 639]

Like Gegel said, entering the US on a non-immigrant visa with the purpose to immigrate or get the AOS is considered fraud. As the rest of people here that took the right patch, they should do it in the right way. Otherwise everybody should use the tourist visa to emigrate to US.

I guess if they get approved, will depend of the inmigration officer and you never know whats gonna happen with that. Some people had luck doing that and others did not.

[bigdog 376]

Check your embassy for results like what is being sought on the adjustment.