Parents Coming to my Wedding - Issue?

[lenno21 5]

Hi! 

 

My parents want to apply for their Tourist Visa to come to my wedding in the US. I'm marrying a US citizen. 

Here's where the problem is:

My F-1 Student Visa grace period expired in April. I'm applying for green card soon, so I will be on "adjustment of status". However, in the meantime, I'm out-of-status (F1 expired). 

 

So, when the consular officer asks my parents who they know in the US, they will say my name (they will not lie). 

 

I have 2 questions:

 

1. Will the consular officer see on his screen that I am in the US out-of-status? 

2. If yes, is this an instant denial of my parents' visitor visa because of my immigration status?

 

Thank you so much in advance

[Crazy Cat 41,845]

If I were currently out of status, I would immediately do a courthouse wedding and file a proper I-130, I-485, I-131, and I-765 asap.  Although I doubt your current status would even be considered during your parents B2 application, you might be subject to deportation right now.  Once you file a proper I-485, you will be granted authorized stay until it is either approved or denied.  You can then have a celebration ceremony later.  

I don't think your status will affect your parents' visa applications at all, but I am not the CO who will interview them.   

Edited June 17, 2023 by Crazy Cat

[Redro 4,611]

All they can do is apply. The need to qualify on their own terms- strong ties to home country BUT they might not be able to enter the US because you didn't follow the rules they might assume your parents can't follow the rules. 

It (sadly) also depends on the country you are from. 

The officer might straight up ask about your status is in the US- when I applied for my B1/B2 the officer asked me about the status of the friend I was staying with (was she a citizen/resident/student etc). 

Good luck and please come back and tell us how it went.

This poster has a recent (unsuccessful) story. 

 

 

Edited June 17, 2023 by Redro

[JeanneAdil 6,498]

you do not mention the country/embassy so u need to look at the embassy wait times to see when they would be interviewed

some are waiting long just to have the interview

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html

[Boiler 45,486]

I was thinking the same, which Consulate?

[lenno21 5]

Thank you everyone for your fast and kind responses, I really appreciate it! 

 

Let me share more details:

 

@Crazy Cat, we actually got married at a courthouse already, and we will be ready to file with an attorney by the end of next week.

 

Our wedding celebration will be taking place in October 2023. 

 

JeanneAdil & Boiler, my family will be applying at the US Embassy in Argentina. They already have the interview appointment for mid August 2023. 

 

@Redro, noted, thank you so much for the info!

 

Please let me know if these details change your answers. 

 

I will definitely keep you all posted! 

 

 

[Rocio0010 5,579]

If you are already married, there is no reason why you should have waited this long to file. That I-485 should have been filed immediately and you’d have avoided being out of status. 
You won’t be out of status for your parents’ interview. If you file immediately, you’d be an adjustment of status applicant, so that question is moot.

 

Good thing is, Argentina is a fairly easy consulate.

We have a WhatsApp group for Argentinian filers

[Crazy Cat 41,845]

2 hours ago, lenno21 said:

@Crazy Cat, we actually got married at a courthouse already, and we will be ready to file with an attorney by the end of next week.

Great.  Once a proper I-485 package is filed, applicant will be granted authorized stay.

[SteveInBostonI130 3,434]

4 hours ago, lenno21 said:

Thank you everyone for your fast and kind responses, I really appreciate it! 

 

Let me share more details:

 

@Crazy Cat, we actually got married at a courthouse already, and we will be ready to file with an attorney by the end of next week.

 

Our wedding celebration will be taking place in October 2023. 

 

JeanneAdil & Boiler, my family will be applying at the US Embassy in Argentina. They already have the interview appointment for mid August 2023. 

 

@Redro, noted, thank you so much for the info!

 

Please let me know if these details change your answers. 

 

I will definitely keep you all posted! 

 

 

 

1.  Your parents already filled out an submitted their DS-160.  No point in worrying about your status affecting their application at this point.

 

2.  If you do file your I-485 next week or so, then by the time of their interview you are in authorized stay.  

 

3.  Their visa chances is dependent on strong ties to Argentina.  From what I have read, it is not a difficult embassy/consulate.  

 

[lenno21 5]

Hi all!

 

I apologize for the delay - but here's the update:

 

My parents had no issues and both got approved. They were asked literally 3 questions: 1) What did you do for work? 2) Reason for visiting the USA and where in the USA are you visiting? and 3) Do you have any family members in the USA? Obviously, they responded with the truth. They were in and out of the Embassy in no time.

 

They were able to come to my wedding, and we all had a great, great time!

 

Thank you everyone for your responses and for your time!

 

 

[Redro 4,611]

1 hour ago, lenno21 said:

Hi all!

 

I apologize for the delay - but here's the update:

 

My parents had no issues and both got approved. They were asked literally 3 questions: 1) What did you do for work? 2) Reason for visiting the USA and where in the USA are you visiting? and 3) Do you have any family members in the USA? Obviously, they responded with the truth. They were in and out of the Embassy in no time.

 

They were able to come to my wedding, and we all had a great, great time!

 

Thank you everyone for your responses and for your time!

 

 

That is excellent news! Thank you so much for the update.