which visa am i filing ??

[myangelblue 0]

my husband came here to america to visit and while he was here we married and when i called uscis office they didnt say what visa type but just said i need to file paperwork to adjust status . so i am trying to fill out paperwork which is a pain . has anyone gotten married this way ?? he is still here with me but i94 will expire in few weeks . can anyone help me with where to start . thank you sooo much for taking time to read ..

[V&Steve 0]

my husband came here to america to visit and while he was here we married and when i called uscis office they didnt say what visa type but just said i need to file paperwork to adjust status . so i am trying to fill out paperwork which is a pain . has anyone gotten married this way ?? he is still here with me but i94 will expire in few weeks . can anyone help me with where to start . thank you sooo much for taking time to read ..

Hello there "myangelblue" since you married IN the United States there's no need for him to file for any Visa anymore. Just the adjustment of status really (Form I-485), and the I-94 expiration date has no effect anymore then. You can also contact an immigration lawyer or even the USCIS should advise you on wich forms you need to file and send it back to them yourself.

Basically: a visa is no longer needed in this case.

Here's a link from the USCIS where you can get directions: http://64.233.169.104/search?q=cache:SQA8t...t=clnk&cd=5

Edited November 24, 2007 by V&Steve

[Dan J 277]

my husband came here to america to visit and while he was here we married and when i called uscis office they didnt say what visa type but just said i need to file paperwork to adjust status . so i am trying to fill out paperwork which is a pain . has anyone gotten married this way ?? he is still here with me but i94 will expire in few weeks . can anyone help me with where to start . thank you sooo much for taking time to read ..

The question is this. Did your husband when he entered the country, have any intent to marry you?

If yes, then he has to return home, and apply for K-3 or CR-1/IR-1 visa.

If marriage came up only after he was already in the country, than you can go ahead with AOS. You will have to file form I-130 along with I-485 and have a complete medical.

[minnietheminx 0]

Also, you need to make sure that he told the inspecting officer when he entered the states that he was only here for a visit and not that he planned to marry you. Check with him what he told POE when he entered as adjustment of status can only be carried out if marriage was 'spur of the moment' and not pre-determined. If he said he was planning to marry you when he entered then you do go for adjustment of status, you may find yourself in hot water.

Good luck.

[myangelblue 0]

my husband came here to america to visit and while he was here we married and when i called uscis office they didnt say what visa type but just said i need to file paperwork to adjust status . so i am trying to fill out paperwork which is a pain . has anyone gotten married this way ?? he is still here with me but i94 will expire in few weeks . can anyone help me with where to start . thank you sooo much for taking time to read ..

The question is this. Did your husband when he entered the country, have any intent to marry you?

If yes, then he has to return home, and apply for K-3 or CR-1/IR-1 visa.

If marriage came up only after he was already in the country, than you can go ahead with AOS. You will have to file form I-130 along with I-485 and have a complete medical.

we didnt intend on getting married , do we need to prove that and how ? its a very scarey thing to think they could deny you for it.

[minnietheminx 0]

They may possibly ask you to prove that he had not intent to marry during his visit. Does he have any significant ties to his home country (rent, mortgage, car loans, bank loans, phone contract, job, university etc)? Having such ties will show that your husband did infact have intent to return to his home country after his visit. Someone coming over for a pre-determined marriage would have settled up rent, ourstanding bills, quit work etc.