entered with B2 visa and got married in US

[lindenTree 5]

Hi everyone,

I entered USA with my tourist visa B2 status. And 2 weeks ago i got married. We checked the Bulletin web site and it says visa number is available for September. So we started filling forms and preparing the evidences. But i'm really confused if I get denied from my apply.

My husband is a green card holder.

If anyone had similar experience pls help me! I checked forums but i couldn't find similar experiences with me.

We're going to send I-130, I-485, I-765, G-1145 together to Chicago office. Here is my checklist for USCIS :

I-130 A copy of the front and back of your permanent resident card (my husband) A copy of your marriage certificate. Submit copies of documents showing that all prior marriages were legally terminated. A passport-style color photo of yourself A passport- style color photo of your spouse, taken within 30 days of the date of this petition. A completed and signed Form G-325A, Biographic Information, for you Form G-325A for your spouse A lease showing joint tenancy of a common residence; Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage) Any other relevant documentation to establish that there is an ongoing marital union. I-130 form I-485 Criminal History Birth Certificate Copy of passport page with non-immigrant visa (Is this for every visa type or only for USA visa)???????? Passport style photos Medical Examination – Form I-693 G-325A Biographic Information Sheet Affidavit Support ? Maybe Attach a copy of the letter or Form 1-94 that shows the date you were granted asylum. Attach copies of documents proving that you are eligible for the classification. Attach evidence of any public assistance you received, I-485 Form

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration to Adjustment of Status from Work, Student, & Tourist Visas forum.

[mngoalie 10]

If you came here specifically to get married, you risk a ban. You need to make sure that's not why you came here and can prove it.. Otherwise, I'd leave the country and file for a visa outside the country.

[Ryan H 3,812]

If you came here specifically to get married, you risk a ban. You need to make sure that's not why you came here and can prove it.. Otherwise, I'd leave the country and file for a visa outside the country.

Wrong on both points. It is permissible to use a tourist visa for the specific purpose of getting married (but not to get married with the intention to stay and try to adjust). However, the burden of proof is not on the applicant to prove they didn't have intent (the adjudicator's field manual even states that suspicion of intent alone cannot be used to deny a case), the burden of proof is on the government to prove Material Misrepresentation. A finding of Material Misrepresentation would result in a ban without the possibility of a waiver.

[lindenTree 5]

oh no, i didn't enter to US on purpose of marriage or staying in US. If this helps, my spouse was not single when i entered US. In that time he got divorced and proposed me..

Getting married with a GC holder for just staying here? I recommend a citizen to do that, paperworks seem easier..)

Ryan H, What is Material Misrepresentation? (this is my first time hearing this) you dropped a doubt after mngoalie's post :/

Edited September 4, 2013 by mzzzmira

[NigeriaorBust 4,087]

If you overstayed your visa it is not forgiven to the spouse of an LPR

[srvman 38]

If you overstayed your visa it is not forgiven to the spouse of an LPR

I don't see how that even nearly relates to the information the original poster gave us.

You will be fine as long as you have a good amount of evidence of a relationship, and the divorce papers were filed and made official when you claim they were. Just don't lie at any point through out the process and you should be fine.

[lindenTree 5]

yes, i think so, thank you. we have the papers and evidences like photos of our relationship. and also affidavit of support letters from our friends (the witnesses at our marriage)..

i hope we'll pass all the processes without any issue..

Edited September 7, 2013 by mzzzmira

[NigeriaorBust 4,087]

I don't see how that even nearly relates to the information the original poster gave us.

You will be fine as long as you have a good amount of evidence of a relationship, and the divorce papers were filed and made official when you claim they were. Just don't lie at any point through out the process and you should be fine.

The OP says their spouse was married when they entered the US and has gotten a divorce since they entered many divorces take longer than a visitors visa especially when you add the waiting period to remarry

[Ryan H 3,812]

Ryan H, What is Material Misrepresentation? (this is my first time hearing this) you dropped a doubt after mngoalie's post :/

In layman's terms, "Material Misrepresentation" is telling a lie to any official at the Embassy/Consulate, USCIS, or a CBP Officer.

[lindenTree 5]

thank you all for your answers. here is my timeline:

09/12 : we sent i130, i485, i755 together

09/17 : received text and email for i485,i130,i765

09/20 : received mails i797 for all of the forms

for receipt mail i485, it says "USCIS will schedule a biometric appointment..." and at uscis web site status check says "The acceptance step is typically completed within 2 business days of when the application is received"

my I-94 form expires at 10/0/2013. I haven't received any schedule appointment date information yet.

my concern is what will be my status to stay in US after 10/04/2013? i don't want to do anything illegal.. what should i do?

[inlovesalem 17]

Now that you have married and filed, the visa expiry not longer concerns you.

We married before my stay was up, but only sent package in this month, as I had a hard time getting all the paperwork I needed from Canada...Technically I was out of status when we filed.

Edited September 23, 2013 by inlovesalem

[Umka36 781]

Now that you have married and filed, the visa expiry not longer concerns you.

We married before my stay was up, but only sent package in this month, as I had a hard time getting all the paperwork I needed from Canada...Technically I was out of status when we filed.

The OP spouse is a LPR not a US citizen. It does matter if the priority date is not current, since you cannot AOS if you overstay your visa from a LPR spouse.

Edited September 23, 2013 by Umka36

[Umka36 781]

The OP spouse is a LPR not a US citizen. It does matter if the priority date is not current, since you cannot AOS if you overstay your visa from a LPR spouse.

But luckily for the OP, the visa bulletin for F2A is current as of September 2013. This would matter if the visa bulletin was not current for F2A, because overstays are not forgiven for spouse of LPR.

[lindenTree 5]

today, i called Immigration help center (?) and described my situation. Offices said that if i have a receipt number than it's OK to stay here.. soo i'm good for now:)