Urgent!!!

[Blue Tuna 5]

My friend from UK traveled here to visit her family on 3 month tourist visa. While she is here, she met a man and fall in love. They want to get married. Her visa will expire in a couple weeks. My questions is is it legal to get married, get the marriage certificate then file an adjustment of status while her visa expires? Is there any way she can extend her visa? 

[Crazy Cat 41,844]

Once her authorized stay period is over, she is subject to removal actions.  Is the person she wants to marry a US citizen?  If yes, they can marry and she can file for adjustment of status.  She will be granted authorized stay in the US after submitting a proper I-485. However, she should be aware of the limitations associated with adjustment of status.  She will not be able to work or leave the US for up to about 8 months.  Refer her to this guide:

 

 

 

 

Edited November 16, 2023 by Crazy Cat

[Blue Tuna 5]

Thank you for your reply. Yes, the person she is dating is a US citizen. 

[Dashinka 24,492]

No extension possible as I assume she entered via VWP/ESTA.  Beyond that, @Crazy Cat gave the best advice if that works out for your friend.  If not working or traveling internationally for 8+ months is not an option for your friend, then they can also proceed with consular processing for an eventual spousal visa.

 

Good Luck!

[Blue Tuna 5]

@Dashinkathank you so much!

[Dashinka 24,492]

If she does decide to adjust status via the I130/I485 process, her and her spouse should do everything they can to submit that as soon as possible.  Overstays are forgiven for immediate relatives, but as @Crazy Cat stated, once her authorized stay expries, she is deportable until she receives the I485 acceptance NOA.

 

Good Luck!

[Blue Tuna 5]

@Dashinka @Crazy Cat You both are so awesome! Will the I-485 package and the I-130 package go in the same envelope when it is sent to the USCIS office or it should be separated? My husband and I filed this 15 years ago and I completely forgot 😂. 

[Crazy Cat 41,844]

3 minutes ago, Blue Tuna said:

@Dashinka @Crazy Cat You both are so awesome! Will the I-485 package and the I-130 package go in the same envelope when it is sent to the USCIS office or it should be separated? My husband and I filed this 15 years ago and I completely forgot 😂. 

They are separate and complete packages, but can be sent together.  Don't forget to also send I-131 and I-765 packages as well.  She should follow that guide I linked. 

[Dashinka 24,492]

3 minutes ago, Blue Tuna said:

@Dashinka @Crazy Cat You both are so awesome! Will the I-485 package and the I-130 package go in the same envelope when it is sent to the USCIS office or it should be separated? My husband and I filed this 15 years ago and I completely forgot 😂. 

It can be, but most will file the I130 online since it is more convenient than filling out and printing the I130 forms.  What can be done is submit the I130 online, then once the receipt NOA is received, that can be copied and sent with the I485 package.  Here is a fairly recent thread outlining it.  If they do want to fill out the I130 separately, then they can be sent together.

 

Good Luck!

 

https://www.uscis.gov/uscis-lockbox-filing-locations-chart-for-certain-family-based-forms

 

[Crazy Cat 41,844]

2 minutes ago, Dashinka said:

but most will file the I130 online since it is more convenient than filling out and printing the I130 forms.

Agree.

[Blue Tuna 5]

@Crazy Cat@Dashinka Thank you ❤️! I will pop up here again if I have any more questions! 

[Chancy 6,241]

*** Moved from Tourist Visas forum to AOS from Work/Student/Tourist Visas forum ***

 

[Vegas i-751 66]

14 hours ago, Blue Tuna said:

My friend from UK traveled here to visit her family on 3 month tourist visa. While she is here, she met a man and fall in love. They want to get married. Her visa will expire in a couple weeks. My questions is is it legal to get married, get the marriage certificate then file an adjustment of status while her visa expires? Is there any way she can extend her visa? 

Let’s be real- this sounds fishy. Why would “friend” have a visa if she’s from a visa waiver country? I’m British by birth and we do the ESTA unless disqualified for one reason or another. Also, totally don’t buy this story at all sorry. Does “friend” want marriage for extension of X visa via AOS for GC? Tell “friend” to follow the legal K1/CR-1 process thank you ☺️ 

Edited November 17, 2023 by Vegas i-751

[Blue Tuna 5]

@Vegas i-751 it was my wrong way of wording. She can entry the US multiple times in two years. This is her first time and she has 90 days stay but the stay (I called it visa above)  about to be over in couple weeks. Her bf (and soon to be her spouse) doesn’t want her to go back to the UK. Anyway, they are going to get married on Monday and have already hired an Immigration attorney because it might be complicated. You don’t have to believe the story. Thank you for being a (removed) though

Edited November 30, 2023 by Chancy
removed attempt to bypass language filter

[TBoneTX 45,273]

Blue Tuna, please refer to the Terms of Service, to which you very recently agreed to adhere.  One provision says not to "Attempt to bypass the Forums language filter through the use of alternative characters to spell profanities or through the posting of images containing profanity."  Your post has been edited to remove the alternative word that you attempted to spell.  Please comply with the ToS in the future.

 

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