VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion
A person we know is here on a tourist visa and has been in the U.S. now for 8 years can they get married here in the U.S. and then adjust status to a permanent resident, without leaving the country?
QUOTE(athomp @ Jul 21 2007, 10:32 PM) 
A person we know is here on a tourist visa and has been in the U.S. now for 8 years can they get married here in the U.S. and then adjust status to a permanent resident, without leaving the country?
an 8 year visitor visa? Legally? If the person is legally in the US for 8 years from what I read here, it would not be impossible to prove that there was no intent to marry when he/she first entered the US as a visitor and that the situation changed with the time. If the person is illigally in the US I guess for longer than 180 days they need a lawyer...
Good luck
QUOTE(athomp @ Jul 21 2007, 01:32 PM)
A person we know is here on a tourist visa and has been in the U.S. now for 8 years can they get married here in the U.S. and then adjust status to a permanent resident, without leaving the country?
You haven't provided enough information. Based on the circumstances you haven't disclosed, the answer could be yes, no or maybe.
When was the most recent entry to the US?
When did they decide to marry?
Has the person overstayed their visa?
They came here with a ten year visa
They decided to marry last year
No they have not overstayed there visa
The last time they left was 8 years ago
You haven't provided enough information. Based on the circumstances you haven't disclosed, the answer could be yes, no or maybe.
When was the most recent entry to the US?
When did they decide to marry?
Has the person overstayed their visa?
They decided to marry last year
No they have not overstayed there visa
The last time they left was 8 years ago
QUOTE(pushbrk @ Jul 21 2007, 07:18 PM)
QUOTE(athomp @ Jul 21 2007, 01:32 PM)
A person we know is here on a tourist visa and has been in the U.S. now for 8 years can they get married here in the U.S. and then adjust status to a permanent resident, without leaving the country?
You haven't provided enough information. Based on the circumstances you haven't disclosed, the answer could be yes, no or maybe.
When was the most recent entry to the US?
When did they decide to marry?
Has the person overstayed their visa?
QUOTE(athomp @ Jul 22 2007, 12:07 PM)
They came here with a ten year visa
They decided to marry last year
No they have not overstayed there visa -- this is INCORRECT
The last time they left was 8 years ago
They decided to marry last year
No they have not overstayed there visa -- this is INCORRECT
The last time they left was 8 years ago
Visa validity is 10 years. That does not mean he was allowed to stay for ten years. It means the when the visa was issued it was good for ten years of use. Duration of legal stay is on the I-94 he received upon entry and it's usually no more than 6 months. That means chances are 99% that he has been illegal for 7.5 years. That doesn't mean he cannot adjust his status, but it does mean he should start by consulting a qualified attorney to be sure he understands all the possible ramifications and outcomes.
QUOTE(kitkat1 @ Jul 22 2007, 11:09 AM)
QUOTE(athomp @ Jul 22 2007, 12:07 PM)
They came here with a ten year visa
They decided to marry last year
No they have not overstayed there visa -- this is INCORRECT
The last time they left was 8 years ago
They decided to marry last year
No they have not overstayed there visa -- this is INCORRECT
The last time they left was 8 years ago
Visa validity is 10 years. That does not mean he was allowed to stay for ten years. It means the when the visa was issued it was good for ten years of use. Duration of legal stay is on the I-94 he received upon entry and it's usually no more than 6 months. That means chances are 99% that he has been illegal for 7.5 years. That doesn't mean he cannot adjust his status, but it does mean he should start by consulting a qualified attorney to be sure he understands all the possible ramifications and outcomes.
Correct. Confusion between granted stays and visa expiration are very common. Sounds like a 7.5 year overstay to me. Consult and attorney and in the meantime, they should not leave the USA.
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