How long do you have to file after you marry on a tourist visa?

[T&John 1]

My now husband and I decided to get married before he was supposed to leave on his last visit here to the US.  He is from the UK.  We had been together for 5 1/2 years and just didn't want to wait any longer.  He came in on a tourist visa.  We found out before he left that he could stay while we filed the paperwork but I haven't found anywhere online how long we have to file that paperwork.  Does anyone know the answer to this?  We are still trying to get everything together and save up the money for the fees, but I don't want to wait too long if there is a deadline.

 

TIA for any help.

[JB209 60]

I am sorry but I don't think he can stay while filling, as USCIS would see it as visa fraud since you two know each other for over five years, therefore it was a clear intent of using a tourist visa to come to stay.

 

It seem he will have to go back to the UK and file for a CR-1.

[T&John 1]

2 minutes ago, JB209 said:

I am sorry but I don't think he can stay while filling, as USCIS would see it as visa fraud since you two know each other for over five years, therefore it was a clear intent of using a tourist visa to come to stay.

 

It seem he will have to go back to the UK and file for a CR-1.

Maybe I wasn't clear, it wasn't our intent for him to stay, but we decided to get married 2 weeks before he was to return to the UK.  It was only after we were married and looking into what we needed to do to file that we found out he could stay while we filed the paperwork.  But we haven't been able to find out how long you have to do that.

[LarryHickman 181]

14 minutes ago, T&John said:

My now husband and I decided to get married before he was supposed to leave on his last visit here to the US.  He is from the UK.  We had been together for 5 1/2 years and just didn't want to wait any longer.  He came in on a tourist visa.  We found out before he left that he could stay while we filed the paperwork but I haven't found anywhere online how long we have to file that paperwork.  Does anyone know the answer to this?  We are still trying to get everything together and save up the money for the fees, but I don't want to wait too long if there is a deadline.

 

TIA for any help.

Yes you will be looked at for VISA fraud, getting married on a B2 visa while in the US less than 90 days looks planned and you will most likely have to explain so be prepared. If he was here in the USA and you both married here after 90 days I believe I read you will be ok, good luck

Edited October 4, 2018 by LarryHickman

[mushroomspore 3,044]

8 minutes ago, T&John said:

My now husband and I decided to get married before he was supposed to leave on his last visit here to the US.  He is from the UK.  We had been together for 5 1/2 years and just didn't want to wait any longer.  He came in on a tourist visa.  We found out before he left that he could stay while we filed the paperwork but I haven't found anywhere online how long we have to file that paperwork.  Does anyone know the answer to this?  We are still trying to get everything together and save up the money for the fees, but I don't want to wait too long if there is a deadline.

 

TIA for any help.

Best to file before his I-94 expires. It's okay if you file a tad after but be aware that any out-of-status time makes him technically deportable. Unlikely to happen and overstay is forgiven for immediate relatives of US citizens but still, file ASAP. His intent when he crossed the border is a non-issue. I just finished the process after entering as a B2 visitor and my intent never came up. Since he (and I) were originally planning to leave but our circumstances changed while in the US, he is fine to stay and adjust status.

 

6 minutes ago, JB209 said:

I am sorry but I don't think he can stay while filling, as USCIS would see it as visa fraud since you two know each other for over five years, therefore it was a clear intent of using a tourist visa to come to stay.

 

It seem he will have to go back to the UK and file for a CR-1.

Nope not true. He was admitted by CBP and it is clear the marriage was spontaneous. This is not visa fraud and USCIS will simply interview to determine they are a genuine couple, not question the husband's intentions. His intentions were genuine and originally in line with his tourist visa regulations.

1 minute ago, LarryHickman said:

Yes you will be looked at for VISA fraud, getting married on a B2 visa while in the US less than 90 days looks planned and you will most likely have to explain so be prepared, good luck

Also not true.

[T&John 1]

2 minutes ago, mushroomspore said:

Best to file before his I-94 expires. It's okay if you file a tad after but be aware that any out-of-status time makes him technically deportable. Unlikely to happen and overstay is forgiven for immediate relatives of US citizens but still, file ASAP. His intent when he crossed the border is a non-issue. I just finished the process after entering as a B2 visitor and my intent never came up. Since he (and I) were originally planning to leave but our circumstances changed while in the US, he is fine to stay and adjust status.

 

Nope not true. He was admitted by CBP and it is clear the marriage was spontaneous. This is not visa fraud and USCIS will simply interview to determine they are a genuine couple, not question the husband's intentions. His intentions were genuine and originally in line with his tourist visa regulations.

Also not true.

Thank you!  So it appears there isn't any hard deadline, we just need to do it as soon as possible.

[mushroomspore 3,044]

Just now, T&John said:

Thank you!  So it appears there isn't any hard deadline, we just need to do it as soon as possible.

Yup. You can find his I-94 online with his passport info. Sorry I don't have the exact link but Google "CBP I-94", enter his info and that will tell you when his I-94 expires.

[T&John 1]

1 minute ago, mushroomspore said:

Yup. You can find his I-94 online with his passport info. Sorry I don't have the exact link but Google "CBP I-94", enter his info and that will tell you when his I-94 expires.

Thank you so much for your help!

[debbiedoo 2,339]

As long as his intent was not to come here marry and stay, youre good. File for AOS as soon as you can, preferably before his I-94 expires.

[mushroomspore 3,044]

Btw this does not directly apply to you, OP, but I learned about this during the process and it is simply interesting and good to know. Intent alone is not grounds for denial, even for cases in which the USCIS officer suspects improper intent. In fraud investigations, they need to build a case that may include intent as one factor out of many. However if a couple is genuine and bonafide but the USCIS officer suspects the intending immigrant may have had preconceived intent to enter on a non-immigrant visa and then remain in the US to adjust status, that's not enough to outright deny them. Knowledge is power.

[Ontarkie 14,234]

~~Moved to AOS from Work, Student and Tourist Visa, from Tourist Visas~~

[Rocko20 159]

 

6 hours ago, mushroomspore said:

Btw this does not directly apply to you, OP, but I learned about this during the process and it is simply interesting and good to know. Intent alone is not grounds for denial, even for cases in which the USCIS officer suspects improper intent. In fraud investigations, they need to build a case that may include intent as one factor out of many. However if a couple is genuine and bonafide but the USCIS officer suspects the intending immigrant may have had preconceived intent to enter on a non-immigrant visa and then remain in the US to adjust status, that's not enough to outright deny them. Knowledge is power.

That's not a risk I would be willing to take.

[David & Diana R 1,005]

7 hours ago, JB209 said:

I am sorry but I don't think he can stay while filling, as USCIS would see it as visa fraud since you two know each other for over five years, therefore it was a clear intent of using a tourist visa to come to stay.

 

It seem he will have to go back to the UK and file for a CR-1.

100% wrong

7 hours ago, LarryHickman said:

Yes you will be looked at for VISA fraud, getting married on a B2 visa while in the US less than 90 days looks planned and you will most likely have to explain so be prepared. If he was here in the USA and you both married here after 90 days I believe I read you will be ok, good luck

100% wrong

[Amadia 711]

8 hours ago, JB209 said:

I am sorry but I don't think he can stay while filling, as USCIS would see it as visa fraud since you two know each other for over five years, therefore it was a clear intent of using a tourist visa to come to stay.

 

It seem he will have to go back to the UK and file for a CR-1.

Yes, the person can stay during filing and no, it is not visa fraud.

 

8 hours ago, LarryHickman said:

Yes you will be looked at for VISA fraud, getting married on a B2 visa while in the US less than 90 days looks planned and you will most likely have to explain so be prepared. If he was here in the USA and you both married here after 90 days I believe I read you will be ok, good luck

This is not true. Where did you find your information from to say that it is considered Visa Fraud??

[Ryan H 3,812]

***Post violating the TOS (abusive language) removed along with posts quoting; Administrative Action taken.***