Just got married - can he stay here?

[liefdeis21 0]

Hi all,

I'm new to this forum and to the process. My husband and I were just married and are planning to go the CR-1 route. I am a US citizen. He is currently here on a 90 day tourist visa for the wedding and the holidays. I believe the answer is no, but I want to be sure - is there any way that he is allowed to stay in the states during the CR-1 process as long as he doesn't work? Is there a way to adjust his tourist visa while we wait for the CR-1 to be approved? We haven't filed yet, because we are still waiting for our marriage certificate in the mail. I wasn't sure if there was a way to extend the tourist visa, or any loophole I was missing. He could stay here and we could live (tightly) on my income for the next year, but we had always assumed that he had to leave the country to apply for the CR-1. We want to make sure we are doing everything on the up and up. Thanks!

CV

[Ryan H 3,812]

***Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.***

**Moderator hat off**

Concurrently file the I-130 and I-485 to begin the Adjustment of Status process; he will not have to leave while that process is pending.

[Pkr 21]

Its always better for him to leave and go through the consular process . If the intention of his travel to the US was to marry then you should have followed the K1 route

[Ryan H 3,812]

Its always better for him to leave and go through the consular process . If the intention of his travel to the US was to marry then you should have followed the K1 route

Wrong, AOS is a legal route for the OP to take. The USCIS Adjudicator's Field Manual specifically states that intent to stay cannot be the sole reason to deny an AOS case.

[Transborderwife 4,666]

Its always better for him to leave and go through the consular process . If the intention of his travel to the US was to marry then you should have followed the K1 route

No need to spout this, he's here now, marry and adjust.

[Mike-eeh and Odie 193]

***Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.***

**Moderator hat off**

Concurrently file the I-130 and I-485 to begin the Adjustment of Status process; he will not have to leave while that process is pending.

^^ This. So long as his status is adjusting he can stay in the USA. If he leaves before his AOS is completed (no AP filed) or before he receives AP (AP filed), you will then have to file a CR-1 for him to return to the USA.

[Pkr 21]

If he traveled there with the intention of getting married on a tourist visa then its not the right approach . If the intention is to get married in the US then it should be a K1 visa . I would suggest please do your research before you make a decision

[teeak 224]

Hi all,

I'm new to this forum and to the process. My husband and I were just married and are planning to go the CR-1 route. I am a US citizen. He is currently here on a 90 day tourist visa for the wedding and the holidays. I believe the answer is no, but I want to be sure - is there any way that he is allowed to stay in the states during the CR-1 process as long as he doesn't work? Is there a way to adjust his tourist visa while we wait for the CR-1 to be approved? We haven't filed yet, because we are still waiting for our marriage certificate in the mail. I wasn't sure if there was a way to extend the tourist visa, or any loophole I was missing. He could stay here and we could live (tightly) on my income for the next year, but we had always assumed that he had to leave the country to apply for the CR-1. We want to make sure we are doing everything on the up and up. Thanks!

CV

Yep, since he's already here, you can just have him adjust status.

Just remember he can't work or leave the country until he receives his AP/EAD combo card (about 3 months after filing for AOS).

Follow the guide here: http://www.visajourney.com/content/i130guide2

[Transborderwife 4,666]

If he traveled there with the intention of getting married on a tourist visa then its not the right approach . If the intention is to get married in the US then it should be a K1 visa . I would suggest please do your research before you make a decision

That's not the point. The point is he is here already so adjustment is acceptable

[liefdeis21 0]

I'm so confused. I did research upfront and it seemed like the cr-1 was the right way to go as it was less expensive and allowed us to plan a wedding in advance. When I look at what is posted about the form 130 it warns that anyone here who married on a tourist visa must return home and file or will suffer separation or bad consequences. What am I missing?

[liefdeis21 0]

I'm so confused. I did research upfront and it seemed like the cr-1 was the right way to go as it was less expensive and allowed us to plan a wedding in advance. When I look at what is posted about the form 130 it warns that anyone here who married on a tourist visa must return home and file or will suffer separation or bad consequences. What am I missing?

And also thank you all so much for your help!

[JR loves JR 196]

It's about intent. Did he travel here with the intent to marry AND stay? It is technically illegal if he came on a tourist visa planning to marry and stay. But if the original intent of the trip was to marry and then him to go home and file, then you can do what Ryan H said. File those forms and he's good.

And if he goes home, you would follow the Cr-1 process not the k-1 that was mentioned earlier.

[liefdeis21 0]

Thank you JR- no his intent was never to stay illegally. We aren't the types to take those kind of chances with our future!

[cdneh 3,112]

Thank you JR- no his intent was never to stay illegally. We aren't the types to take those kind of chances with our future!

Then stay, and adjust.

[Ralph and Meghan 19]

Did he did come over to get married? If he did, it's better for him to leave and wait back home in the Netherlands. If there was no intent to get married but it happened he can stay and adjust.

It's all about intent to stay. If you planned the wedding, he quit his job, sold his house, and then came over it doesn't look good for him. If he still has a job, a house etc. it's easier to proof there was no intent to get married and stay. You have to proof there was no intent to stay and if you can you will be fine.

Personally, when you can, play safe let him go home and wait.