Fiance and I want to marry she's in US but has NO AOS/EOS/COS stamped on her passport

[jeremy_d 1]

Fiance and I want to marry. She's currently in the US on a tourist visa. The problem is she has NO AOS/EOS/COS stamped on her passport. If we get married in the US right now does she still have to return? Should we wait to marry until she can get a fiance visa, or should we marry now and turn in the I-130 form? We went to an immigration lawyer and he says he isn't certain about the ramifications of the NO AOS/EOS/COS stamp, that we could try and turn in those forms (out $200 for this advice). We are worried that since she has to leave in 2 weeks according to her passport, and we don't want to have her stay illegally past the deadline.

Please help if you can,

Jeremy

[meauxna 15]

Fiance and I want to marry. She's currently in the US on a tourist visa. The problem is she has NO AOS/EOS/COS stamped on her passport. If we get married in the US right now does she still have to return? Should we wait to marry until she can get a fiance visa, or should we marry now and turn in the I-130 form? We went to an immigration lawyer and he says he isn't certain about the ramifications of the NO AOS/EOS/COS stamp, that we could try and turn in those forms (out $200 for this advice). We are worried that since she has to leave in 2 weeks according to her passport, and we don't want to have her stay illegally past the deadline.

Please help if you can,

Jeremy

I am seriously starting to wonde what is going on around here lately.. we have had a run of questions similar to yours.

"NO AOS/EOS/COS" means GO HOME.

No Adjustment of Status to Permanent Resident

No Extension of Status

No Change of Status to other non-immigrant type

She is specifically forbidden from completing her PR application in the US. I can not see how a lawyer is not certain about the ramifications--it means the border agent thought she would do exactly what you are trying to do.

She should leave the US by the date on her I-94. If you want to marry now, and petition her as your spouse, there are two visa options for her to return with. If she overstays her visa, she raises additional complications for her immigration and she will not be able to return as a visitor.

I suggest you meet with another lawyer or two. Find ones that specialize in FAMILY cases vs employment. There is nothing ambiguous about what is written in her passport.

[Singers 0]

I think the reason why so many people are asking is because there is that RARE circumstance where the person did not know they were coming to the States to get married, had no intent on getting married and suddenly decide to do a quickie wedding. (I guess a surprise proposal is in there somewhere or a surprise pregnancy... who knows) Granted this does not happen to MOST people and the burden of proof is on YOU to prove you had no intent...but this does leave a small window of opportunity open for people to stay. (And if they read through the threads they would know this is possible.)

Now about that lawyer.... I'd definitely find a new one.

[johanna29 0]

jeremy coud you tell me what decision yo took and what happened in the end...im in the same situation

[Umka36 781]

This was originally posted  over 11 years ago, probably won't get a reply. May want to send a PM directly to the OP or start a new thread.