Jump to content

2 posts in this topic

Recommended Posts

Filed: Country: Portugal
Timeline
Posted

If my husband and I file for an adjustment of status (He's on a visitor visa from Portugal on visa waiver program) immediately...like within days...of our marriage, what are the chances that he'll be cleared and allowed to stay? We are clueless as to which road to take. We want to plan a summer catholic wedding, but know that the CR-I visa takes forever and if he leaves now to go back to Portugal, he might not be able to come here for our wedding! which is unacceptable for us...that, and we simply don't want to be apart for so long....so that leaves us with him staying HERE, not leaving the USA, and filing for an adjustment of status...but the thing is: We are newlyweds. We have no joint bank acct., no property, no insurance together, no nothing, and the immigration process is strict with proving a bona fide marriage with documents like such...and also overcoming their suspicion that he intended to marry me on his tourist visa--which isn't the case--He came to visit me, as we were newly dating--and we've just fallen hard for each other and want to be together! I've exhausted all our options, on so many different forums, and the confusion as to what would be the best route for us remains.

If he leaves to go back to Portugal on Dec. 14, will he be able to come back as a visitor and stay through the summer with a pending CR-I application? If he overstays his "visitor" visa during that process, will that screw up his pending application? because he wants to come back in March and we want to have our wedding in July (we will have our civil marriage done), which is past the 90 day allotted stay. A lawyer told me he could overstay with no fear of anything going wrong since he's my husband and the forms will have been filed...

Our main dilemma is my work schedule...as a teacher I can't get married until I'm done with school....end of June. And I don't want to be away from him for months, hence him wanting to come back in March. We can't afford to wait 8-10 months as that will be torture.

Sorry for the novel...but I'm SO SO SO CONFUSED.

Posted

If you file AOS, then he will begin a new period of authorized stay once they accept the package for initial review. He waits inside the US (if he leaves he will abandon the process formal and you lose money and he is stuck outside the US).

You will have an interview and you can explain your story regarding your original plans when he visited.

USCIS understands that newlyweds don't have a lot of evidence to show of financial comingling.

He is not on a visitor visa; he has no visa. He is here on the Visa Waiver Program.

Pick one path and stick with it. Either you AOS now, or he goes home and you file for a spousal visa. If you go AOS, he waits here. If you go for a spousal visa, he can visit, but he cannot overstay his allotted time given on his Visa Waiver Program.

What exactly is your question?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...