What happens to tourist visa when you get married?

[MadMax101 32]

If someone is in the US on a tourist visa and they get married, does their tourist visa become void? If so, if they over stayed the tourist visa but got married before it expired, are they legal or illegal? They have not yet submitted the green card applications (130/485/etc). 

[Crazy Cat 41,886]

Self-Deleted for a better answer....

Edited January 10, 2020 by missileman

[Crazy Cat 41,886]

1.  A tourist visa is not voided when a person marries.  

2.  When a tourist's I-94 has expired (overstay occurs), the person (married or not) is immediately "out of status" and their tourist visa is immediately voided.

Unless granted "authorized stay", or the person has attained legal status, a person who has overstayed their visa is subject to detention and removal from the US.

[Unlockable 7,314]

12 minutes ago, MadMax101 said:

If someone is in the US on a tourist visa and they get married, does their tourist visa become void? If so, if they over stayed the tourist visa but got married before it expired, are they legal or illegal? They have not yet submitted the green card applications (130/485/etc). 

Getting married does not void an active tourist visa. However, if someone gets married in the US and applies for adjustment of status, then the visitor visa is voided. 

With that said, getting married doesn't automatically offer protection. So if a person has overstayed their visa, simply getting married can not stop them from getting detained or deported. However, if they married a US citizen and filed for adjustment of status, then they would have authorized stay.

[SusieQQQ 11,586]

3 hours ago, Unlockable said:

Getting married does not void an active tourist visa. However, if someone gets married in the US and applies for adjustment of status, then the visitor visa is voided. 

With that said, getting married doesn't automatically offer protection. So if a person has overstayed their visa, simply getting married can not stop them from getting detained or deported. However, if they married a US citizen and filed for adjustment of status, then they would have authorized stay.

If they only file i485 after overstay begins though, can’t they technically still be deported (even if it’s unlikely) until it’s adjudicated? 

[SusieQQQ 11,586]

3 hours ago, MadMax101 said:

If someone is in the US on a tourist visa and they get married, does their tourist visa become void? If so, if they over stayed the tourist visa but got married before it expired, are they legal or illegal? They have not yet submitted the green card applications (130/485/etc). 

The simple act of getting married does ZERO in respect of immigration. It doesn’t void a visa, it doesn’t grant you any status, it does absolutely nothing.  You need to actually either violate visa terms (overstay, work on tourist visa, etc) to void a visa, or actively pursue an immigration benefit (apply i130/i485] to try gain any kind of status.

Edited January 10, 2020 by SusieQQQ

[Just Paul 4,595]

4 hours ago, MadMax101 said:

If someone is in the US on a tourist visa and they get married, does their tourist visa become void?

no

4 hours ago, MadMax101 said:

If so, if they over stayed the tourist visa but got married before it expired, are they legal or illegal?

They have no legal presence.  The visa was automatically cancelled with the overstay.

 

4 hours ago, MadMax101 said:

They have not yet submitted the green card applications (130/485/etc). 

Again  no legal presence.  The USC spouse may file the I-130/I485 package and adjust or return to their home country and do consular processing.

[Joe Minero 4]

Question about the seeming Catch-22 of a pending expiration of an I-94 requiring someone to leave and and the I-485 that is considered abandoned if they do leave.   

 

My new wife has a current B2 Tourist VISA and last entered the US in October - So her permission to be here has not expired.  We were married two weeks ago and we are ready to concurrently submit an I-130 & I-485 & I-131 but one important detail is not clear.   Her I-94 permission to stay expires in April but the processing times on the  above forms are way past that!    I can't find anything on the USCIS website that says she can stay after her I-94 expiration date.   I found lots of comments that say she is OK, but that isn't comforting.    I want to actually see somewhere in USCIS information that while an I-130 & I-485 is pending that she has permission to stay past her I-94 expiration date.   Can anyone point to it for me (because I have searched for hours !!) 

[Just Paul 4,595]

17 minutes ago, Joe Minero said:

I can't find anything on the USCIS website that says she can stay after her I-94 expiration date.

It authorized the US Attorney General. by congress.

 

Someplace in 8 USC . . .   

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1255&num=0&edition=prelim

Edited January 13, 2020 by Paul & Mary

[geowrian 22,337]

If you really want something to point at, see the USCIS memo with AFM guidance:

https://asistahelp.org/wp-content/uploads/2018/10/USCIS-Interoffie-Memo-Consolidation-Guidance-Concerning-Unlawful-Presence-for-Purposes-of-Aections-212a9Bi-and-212a9C.pdf

See page 9 to see the difference between unlawful status and unlawful presence, page 11 for what a period of authorized stay is, and page 33 for a pending I-485 (specifically page 34 noting an example with a period of stay authorized).