Tourist Visa Expired and AOS

[Cccj 0]

Hi!

I got married two weeks ago woohoo (6 days before my i94 expired) and I haven't been able to start the AOS process since we are still working in getting all the money we need.

I entered the country with a tourist visa and now my permit is expired. How does that affect my case? Im scared. It's been two weeks since it's been expired but I'm hopefully gonna send my information next week.

Should I hire a lawyer since my i94 is expered?

I don't know what to do!

Thanks so much for your help.-

[vvvVein 7]

This is the danger of getting married on a tourist visa. Its allowable provided you had no pre conceived intent to marry, otherwise you have commited visa fraud which is something they dont take lightly. I have heard that people apply for AOS out of status and they were succesful, again may be confronted in the interview why you waited till now but if you have a valid reason then there is nothing to worry about.

[Hypnos 6,578]

You are mistaken; a person can have all the "preconceived intent to marry" that they want, it would be a preconception of intending to remain in the US and adjust status that could potentially trip them up. That being said, intent alone cannot be used as a basis to deny an AoS in the absence of other negative factors.

OP, since you're an immediate relative of a US citizen then you can apply for AoS even when out of status for ten days or even ten years, provided that you initially entered the country legally.

[Cccj 0]

Whew!

THANK YOU guys SO much for the information provided and your help, it definitely is a breath of relief to know that I am fine with this.

One question tho, since I've been here under a tourist visa, do I need to prove what I've been doing all this time? I have not worked under te table whatsoever, I've just been volunteering and hanging out with friends.

Also, I misplaced my i94 form!

Thank you again for your time and amazing help..

[MacUK 983]

As long as you didn't outright and lie to the border agent at POE that can be proven as misrepresentation then it is apparently perfectly legal for you to adjust status after your allowed stay has expired.

But I think you ARE at risk of deportation if you haven't started the AoS process yet, up until you start the adjustment process you are still just a tourist who's overstayed. Therefore if you get into any trouble or caught then you could get in to bother. By the way, volunteering while on a tourist visa is apparently considered as work and therefore illegal.

From what is said by people who have gone through the process this is automatically forgiven along with the overstay when you adjust status so it's in your best interests to get that ball rolling as soon as possible.

[Pitaya 2,577]

~Moved from Family-based AOS to WST-based AOS Forum~

~Adjusting from tourist visa~

[Hypnos 6,578]

Find or replace your I-94, since you will need it.

[ManCharsey 254]

You can get your I-94 form from this website : https://i94.cbp.dhs.gov/I94/request.html

You are perfectly okay to file and adjust status even though you overstayed and might have worked. Immediate family of US spouses are forgiven these things automatically. File now though to keep you here legally.

[teanet 20]

I came here on tourist ( esta) visa and than we called uscis if we can adjust status or if I have to go to back to Europe finish process with NVC and I was allowed to adjust status here and I called uscis ask about volunteering and I was told there is nothing wrong with volunteering and its not considered illegal. I did some research and if that position was always for volunteers and no American would get paid for it, it is not considered illegal.