Staying in the U.S. while waiting to tie the knot!

[Meg&Andrew 297]

planning to overstay IS fraud!

Let me clarify what I mean by no one will know the difference. Go get married now, at the courthouse. Then have your ceremony and none of your families, or friends will know the difference.

[Internationalpika 0]

I appreciate everyone's input on this! This is exactly why I wanted to bring this situation up, because I've been looking all across the web for a specific answer and it seems to be a somewhat gray area. That said, I do want to try and clarify things of which may produce a more solidified answer. My boyfriend is currently in the U.S. right now; I am a U.S. citizen; he had no intent to stay here upon making this trip here. We've been in a long-distance relationship for about 3 years and I honestly can't stand bearing to see him leave in a plane again, and I know the feeling is mutual. Given that he is here now, I'm trying to take advantage of this opportunity. There was no plan to "overstay"--I think the timing was just off and I definitely don't want have to bear the duration to wait for us to be in the same country again.

Note: it appears that my boyfriend's tourist visa expires 2017, but apparently he can only stay in the U.S. three months at a time--thus the "expiration"

[EM_Vandaveer 2,417]

They are getting married. Once they get married, now-boyfriend will become an IR of a USC and as such, his overstay will be forgiven and he'll be able to do AOS.

Does your boyfriend have an actual B1/B2 visa or is he from a VWP country? VWP only allows 90-day maximum stay at a time. An actual tourist visa allows up to 6 months.

Either way, you can get married and file for his AOS.

Edited August 9, 2016 by EM_Vandaveer

[EM_Vandaveer 2,417]

This topic is no different from the many "SO is in the US right now, entered legally, can we marry and file for AOS?".

The resounding answer to that is YES.

Follow the guide:

http://www.visajourney.com/content/i130guide2

Surely, if it was illegal we would not have a guide for it on VJ.

[Internationalpika 0]

Let me clarify what I mean by no one will know the difference. Go get married now, at the courthouse. Then have your ceremony and none of your families, or friends will know the difference.

First off, you are amazing and I really appreciate your suport! Secondly, I may need some clarification. Apologies if this sounds sooo terribly newbie to the whole marriage world lol, but if we acquire the "marriage license" does that count as the marriage already--and will we be able to file for AOS? I assumed that the "ceremony" at the city hall was the actual "tying the knot"--am I wrong?

[Cheezees 1,514]

From the OP's first post I interpreted that:

1. He was already in the country

2. His allowed visitation period (via a tourist visa) is going to end before they can actually get married.

3. The OP is currently planning to have the future fiance overstay during the "gap", which is illegal.

Here is what I have read is also true:

4. Had the future fiance's time not been up, the gap between the proposal and actual marriage would not exist.

5. Had they married, and some time later his visitation period had ended, they would file the AOS and any overstay would be forgiven.

6. You are not allowed to plan overstays because you cannot get married "in time".

7. Suggestions to plan an overstay (by the OP or the fiance, it doesn't matter that he is currently uninformed, the OP is planning for him to go along with it knowingly), are a violation of the TOS.

8. Fiance and spousal visas exist for those, like the fiance, who need to return to their country when their time is up.

[Meg&Andrew 297]

From the OP's first post I interpreted that:

1. He was already in the country

2. His allowed visitation period (via a tourist visa) is going to end before they can actually get married.

3. The OP is currently planning to have the future fiance overstay during the "gap", which is illegal.

Here is what I have read is also true:

4. Had the future fiance's time not been up, the gap between the proposal and actual marriage would not exist.

5. Had they married, and some time later his visitation period had ended, they would file the AOS and any overstay would be forgiven.

6. You are not allowed to plan overstays because you cannot get married "in time".

7. Suggestions to plan an overstay (by the OP or the fiance, it doesn't matter that he is currently uninformed, the OP is planning for him to go along with it knowingly), are a violation of the TOS.

8. Fiance and spousal visas exist for those, like the fiance, who need to return to their country when their time is up.

His visa expires at the end of the month as stated, as long as they are married before this, they can adjust status. They can get married, just not at the venue of their choosing. I in no way suggested fraud. As I said go ahead and get married, adjust status, then have a ceremony for family and friends

[Cheezees 1,514]

His visa expires at the end of the month as stated, as long as they are married before this Yes, I would agree however (SEE BELOW from the OP's first post ), they can adjust status. They can get married, just not at the venue of their choosing. I in no way suggested fraud. As I said go ahead and get married, adjust status, then have a ceremony for family and friends

"That said, I was looking up reservations and see that I was able to make one for this week, but there aren't any ceremony reservations open until next month. His visa expires by the end of this month,..."

So they are NOT getting married before his 3-months are up.

[Meg&Andrew 297]

Right which is why I said go to the courthouse and get married now. Which would not be fraud. By ceremony reservations I was assuming OP was talking about having the ceremony in a venue some where which couldn't be reserved at the time. People here can go get their Marriage Certificate in the same day.

[Meg&Andrew 297]

First off, you are amazing and I really appreciate your suport! Secondly, I may need some clarification. Apologies if this sounds sooo terribly newbie to the whole marriage world lol, but if we acquire the "marriage license" does that count as the marriage already--and will we be able to file for AOS? I assumed that the "ceremony" at the city hall was the actual "tying the knot"--am I wrong?

You need the marriage certificate to file AOS. I'm not sure how it works in your state, but here it's something you can do fairly quickly. I'm not sure if you can somehow request to expedite it or not, but it's worth a shot.

[Internationalpika 0]

"That said, I was looking up reservations and see that I was able to make one for this week, but there aren't any ceremony reservations open until next month. His visa expires by the end of this month,..."

So they are NOT getting married before his 3-months are up.

Lol I appreciate your unending dissonance on the matter to ensure I'm not breaking any laws! I understand better now about what is going on! I'm positive I will figure this out--luckily there is more than one county/city hall from where I live so I'll have to travel a bit to see what's open! But, definitely gonna make sure I don't pass up this opportunity! Anyways, thanks for your input on this matter, as well!

[gregcrs2 1,778]

First off, you are amazing and I really appreciate your suport! Secondly, I may need some clarification. Apologies if this sounds sooo terribly newbie to the whole marriage world lol, but if we acquire the "marriage license" does that count as the marriage already--and will we be able to file for AOS? I assumed that the "ceremony" at the city hall was the actual "tying the knot"--am I wrong?

The marriage license does not count as the marriage. Each state has a different waiting times. Some have none. The person that performs the marriage signs the marriage certificate and until that occurs you would not be legally married. If you are short on time, the easiest place to get married is in Las Vegas. There is even a place there that has a drive thru wedding service. But you would still need to get the license there first. Everything can happen within a few hours. There is a wait for the documentation though as your marriage needs to be registered and the registered marriage certificate would then be mailed to you.

[Ryan H 3,834]

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

Edited August 9, 2016 by Ryan H

[JFH 12,191]

There is a wait for the documentation though as your marriage needs to be registered and the registered marriage certificate would then be mailed to you.

No wait after the wedding in Washington state. Maybe you want to consider the beautiful northwest for your marriage, OP? There is a three-day waiting period from licence issuance to ceremony but we hand-carried the signed certificate from the wedding to the auditor's office, waited 10 minutes while they tapped around on the computer and then we had our signed, stamped and sealed marriage certificate in our hands. And all for the sum of $3.

[mindthegap 2,610]

Whereabouts in California are you? There may be a hassle free option for you that I can suggest but it all depends on whereabouts you are in the state, or are prepared to travel to.

As long as she had no prior intent this isn't immigration fraud. Go to a courthouse and get married ASAP, Then have your ceremony. No one will know the difference. Overstay is forgiven to any American spouse. Don't let these people discourage you. People tend to get upset when they are waiting on their spouses, and someone comes on a tourist visa and gets married. Go get married, and adjust status. As long as he didn't come here with intent to immigrate you will be fine.

All of this is so true.