Expiring I-94 - what to do

[ValerieA 350]

I'm all for you staying in the US and AOSing, I think it is the most efficient process for the situation you are in. I am not up on exactly what the SSM case is before the Supreme Court, so my question would be if it OKs SSM in New Mexico, would it be retroactive (making your current marriage valid) or just a 'from now on' thing (meaning it is not). Sorry, I have not been following this one.

[Hypnos 6,576]

Some hypothetical questions about marrying in another state before their first one is decided: If they marry in another state, would they claim to be single? If it turns out that their original marriage was valid, then wouldn't they have lied? Also, wouldn't it be plural marriage? If they file the I-130, what would they claim as the date of marriage? the first or second one? If the put the second one, and the first one turns out to be valid, then wouldn't their second marriage be technically void? and therefore they put the wrong marriage date?

Interesting questions. I know that in some states (Texas being one of them), it is perfectly legal to remarry your existing spouse; you can go and get another marriage licence, another officiant, and go to town. Plural marriage usually means being married to more than one person at once (i.e. bigamy), not married to the same person on different occasions.

[jyaku 138]

I think if you entered on a b2 you will eventually have to go back to an embassy overseas to start the adjustment of status.

That said its a lot easier to prove relationship genuine if already married than just a fiancé.

So go to California, get married and file an i130 or i485.

[Hypnos 6,576]

I think if you entered on a b2 you will eventually have to go back to an embassy overseas to start the adjustment of status.

Incorrect. Adjustment of status (by definition) cannot be done from overseas.

[namour7997 2]

I'm all for you staying in the US and AOSing, I think it is the most efficient process for the situation you are in. I am not up on exactly what the SSM case is before the Supreme Court, so my question would be if it OKs SSM in New Mexico, would it be retroactive (making your current marriage valid) or just a 'from now on' thing (meaning it is not). Sorry, I have not been following this one.

As I understand, should the NM rule in the legalization of SSM, all marriages previously celebrated will be valid.

[namour7997 2]

Some hypothetical questions about marrying in another state before their first one is decided: If they marry in another state, would they claim to be single? If it turns out that their original marriage was valid, then wouldn't they have lied? Also, wouldn't it be plural marriage? If they file the I-130, what would they claim as the date of marriage? the first or second one? If the put the second one, and the first one turns out to be valid, then wouldn't their second marriage be technically void? and therefore they put the wrong marriage date?

Really interesting questions, that's why we are in a very deep dilemma. There will be consequences should we choose to remarry prior the NM SC ruling.

[namour7997 2]

I really appreciate all the comments being posted, I feel like we are the only one going through this predicament.

Please keep posting your comments, we would like to hear/read them. Thanks to all.

[DavenRoxy 1,073]

Oh. I think a B2 changes everything. You cannot do AOS in the US while on a tourist visa, AFAIK. You will most likely need to go back home, and file for either a spouse visa (IR/CR-1) or a fiance visa (K-1), depending on whether or not you are married after NM makes up their mind.

Having said that, I found this that may assist you: http://www.peerallylaw.com/en/content/view/562

[Hypnos 6,576]

You are mistaken.

[namour7997 2]

Doesn't AoS address the issue of my stay? We are in the process of filing I-130 together with AoS.