Extension of tourist stay after Filing i-130/i-485

[ecy_go 0]

Hello, I am new here. I am currently on a tourist visa until Sep 2022.

I got engaged with my Boyfriend of 3 years last April and we plan to get married this May 2022. I have few questions below, hope you could give light to it.

 

- Is it true that we could not get married within 90 days from the date i have arrived here (90 day rule, i heard) or it only apply that i could not file AOS within 90days but we could marry soon?

 

- Do i need to file for extension of tourist visa after filing i-130 and i-485 AOS? will they approve if they know we have filed i-130 and i-485?

 

-Can i do concurrently filing of i-130 and i-485 ? 

 

Thank you, Hope you could all help me.

[Dashinka 24,717]

There is no such thing as a 90 day rule.  If you want to get married, get married and since you are currently in the US, you do have the option to file the I130/I485 (no need to file for a B2 extension), many couples do this.

 

Good Luck!

Edited May 3, 2022 by Dashinka

[ecy_go 0]

1 minute ago, Dashinka said:

There is no such thing as a 90 day rule.  If you want to get married, get married and since you are currently in the US, you do have the option to file the I130/I485, many couples do this.

 

Good Luck

Thank you Dashinka for your quick reply

oh i read about the 90-day rule in other websites.. nevermind 

 

Also,i am kinda worried because when i arrived here, the immigration asked me who am i gonna visit here? i mentioned that i have my family coz i have relatives here like my aunt cousins but i did not mention that i have a bf do you think they will take it against me for not telling them? And in all honestly, we do not have plan to get married im surprised he just proposed to me last April.

[EM_Vandaveer 2,408]

No.

No.

Yes.

Good luck!

[ecy_go 0]

Just now, EM_Vandaveer said:

No.

No.

Yes.

Good luck!

ayiii thank youuu

[Rocio0010 5,599]

18 minutes ago, ecy_go said:

Is it true that we could not get married within 90 days from the date i have arrived here (90 day rule, i heard)

No such rule. What could happen is that they might red- flag your case if you marry too soon after your POE. But it doesn't mean it will happen.

 

19 minutes ago, ecy_go said:

Do i need to file for extension of tourist visa after filing i-130 and i-485 AOS?

No. Once you file for the I-485, they will mail you an I-797 NOA letter, which states that you're in a period of authorized stay.

 

19 minutes ago, ecy_go said:

Can i do concurrently filing of i-130 and i-485 ? 

Yes, and you should, together with:

- I-864 Affidavit of Support.

- Form I-130A information from beneficiary

- Form I-131 (travel authorization)

-Form I-765 (authorization to work)

1 minute ago, ecy_go said:

i did not mention that i have a bf do you think they will take it against me

Ouch. They could if they want to. Why did you omit this information?

[ecy_go 0]

2 minutes ago, Rocio0010 said:

 

Ouch. They could if they want to. Why did you omit this information?

Thank you @Rocio0010  for your reply

 

hmm because i am afraid they will ask further question and wont allow entry if i give too much information. We honeslty dont have intentions to get married that time.

what you think i should do or say in my petition if they ask about this? or will they ask about this? 

im having anxiety again lol

[Rocio0010 5,599]

2 minutes ago, ecy_go said:

hmm because i am afraid they will ask further question and wont allow entry if i give too much information.

Rule #1: Never omit information to an officer (but don't volunteer either). Lying by omission can be serious. If you're honest, they usually let you in. Hundreds of people come here to visit their fiance.

 

3 minutes ago, ecy_go said:

We honeslty dont have intentions to get married that time.

This was your chance to say that you had a SO here, but that you had no intentions of getting married (if this was the case). In fact, people are allowed to visit to get married and then they go to their home countries to file for a spousal visa. 

People also come here on a tourist visa, visit their fiance, and have a change of mind and stay and adjust status. That is all fine as long as you did not lie/ omit information.

6 minutes ago, ecy_go said:

or will they ask about this? 

They could if they wanted to. 

 

7 minutes ago, ecy_go said:

what you think i should do or say in my petition if they ask about this?

I would consult with an attorney.

[ecy_go 0]

18 minutes ago, Rocio0010 said:

Rule #1: Never omit information to an officer (but don't volunteer either). Lying by omission can be serious. If you're honest, they usually let you in. Hundreds of people come here to visit their fiance.

 

This was your chance to say that you had a SO here, but that you had no intentions of getting married (if this was the case). In fact, people are allowed to visit to get married and then they go to their home countries to file for a spousal visa. 

People also come here on a tourist visa, visit their fiance, and have a change of mind and stay and adjust status. That is all fine as long as you did not lie/ omit information.

They could if they wanted to. 

 

I would consult with an attorney.

Thank you so much for all of your answers.

Yeah, i dont intend to lie or something, i just feel like safer to say i have relatives here than saying i have a bf too.

Nevertheless, that time im really coming back to my country but plans change and we decided to get married but let's see, i honestly dont know what to do. 

 

I am now worried  we might change our plans.

[Rocio0010 5,599]

3 minutes ago, ecy_go said:

i honestly dont know what to do. 

Call an attorney and ask. Or wait until somebody else chimes in here. It's one of those things that might bite you in your rear end if you get a picky officer. 

What country are you from? That could also shape the answers you receive. Please fill in your timeline.

Edited May 3, 2022 by Rocio0010

[ecy_go 0]

1 minute ago, Rocio0010 said:

Call an attorney and ask. Or wait until somebody else chimes in here. It's one of those things that might bite you in your rear end if you get a picky officer. 

What country are you from? That could also shape the answers you receive. Please fill in your timeline.

oh if it get denied, you think we can still appeal? 

Im from Philippines. 

 

Thank you Rocio0010

[Rocio0010 5,599]

4 minutes ago, ecy_go said:

you think we can still appeal? 

No. An appeal works if it was an error made by USCIS. And it takes them a while to admit an error.

I don't think it's misrepresentation if you were actually visiting your family. I'll let others chime in.

 

[ecy_go 0]

4 minutes ago, Rocio0010 said:

No. An appeal works if it was an error made by USCIS. And it takes them a while to admit an error.

I don't think it's misrepresentation if you were actually visiting your family. I'll let others chime in.

 

ohh, like if it gets denied, that's it for me? im so scared i have anxiety problems 

maybe we should just get married here in US and apply for spousal visa in philippines? 

well actually we plan to do K1-visa but then coz of my anxiety we just plan to get married here coz we dont want to be apart again for so long and we still dont know what will happen coz of pandemic but at least we are married already. 

[Rocio0010 5,599]

7 minutes ago, ecy_go said:

that's it for me? im

Yep.

 

8 minutes ago, ecy_go said:

maybe we should just get married here in US and apply for spousal visa in philippines? 

That doesn’t change the fact that You omitted information. 
Did they ask if you have a boyfriend here? That is the key question

[ecy_go 0]

Just now, Rocio0010 said:

Yep.

 

That doesn’t change the fact that You omitted information. 
Did they ask if you have a boyfriend here? That is the key question

oh no the immigration didnt ask if i have a bf, coz if he do i will tell him.