Fiance work visa expired, travel visa NOT expired

[aaron2020 11,651]

You found a ####### lawyer, and many people here before giving their opinions should learn a bit about Immigration Law. He does not need a I601 waiver, he does not need to leave the USCIS.He can file for AOS and get the GC. nside the USA.He MUST NOT leave the Country before getting the GC. I doubt his parents will get a tourist visa with their son living here without status.

He can leave with AP and return. He does not need to wait for a green card.

If you are going to chastise people, make sure your answer is correct.

[Moustafa/Crystal 65]

Seriously. Why is his presence unlawful? As long as he did not have the intention to immigrate when he entered, then using an tourist visa to enter is perfectly legal. Overstaying makes his presence illegal. Please be careful with your analysis and advice.

Edited July 19, 2015 by Moustafa/Crystal

[Shacanus 3]

After marriage you file those forms, the i-130 is the CR1 visa form, he'll have to return home after the wedding normally, but you are also applying for i-601a which is a waiver form. He is in the US on a B1/B2, getting married or applying and getting a job, or going to school invalidates the visa since those activities are in violation of it's terms, but the waiver SHOULD allow him to stay with you while it's processing, but there is no guarantee. The other form is part of the CR1/AOS combo that visa type grants status immediately upon issue if memory serves.

From what I've read he'd still have to interview at the embassy back home though.

I don't think you are correct on that if u enter on a visitors visa and marry you don't have to go back to your country. I'm in the process right now and I finish all my biometric appointment for both adjustment of status and work permit. I'm only waiting for my interview date now.

[Moustafa/Crystal 65]

Seriously, a tourist visa is good for a maximum of 6 months and can you use a tourist visa to extend your stay in the USA when you came in on a work visa?...maybe the lawyer knows that the fiance has overstayed and the fiancee has left out that bit of information. Please be careful with your analysis and advice.

http://www.uscis.gov/visit-united-states/extend-your-stay

Looks like he needed to file some paper work if he wanted to extend his stay on the tourist visa...

http://www.uscis.gov/i-539

Seriously. Why is his presence unlawful? As long as he did not have the intention to immigrate when he entered, then using an tourist visa to enter is perfectly legal. Overstaying makes his presence illegal. Please be careful with your analysis and advice.

Edited July 19, 2015 by Moustafa/Crystal

[Shacanus 3]

My fiance and I are getting married in one month. I am a usa citizen, he is korean. He has been here for about 8 years, entered legally and has a 10 year tourist visa. Currently, his work visa is expired but was stamped after receiving the tourist visa.

The tourist visa still stands until it's expiring date of 2016, right?

Thus, I don't know what paperwork to file.

Currently, his parents are trying to attend the wedding. They hired a lawyer.

The lawyer instructed we file I-130, I-485, and I-601a. I have no idea why, but they don't seem like the right forms. I Know after marriage we will submit these forms, but not before right?

I-130 - petition for alien relative? how can he file when he does not have alien residency yet?

I-601a - unlawful presence? why it is unlawful if he has a current travel visa?

I- Application to register as permanent resident. Can't this only be filed AFTER we are married and have a certificate to prove it? We only have the marriage license.

Any helpful information would be so appreciated!

you case is not as complicated and you are making it to be. Your fiancé is here on a visitors visa that's cool when you guys get marry then you file all the applications exi-130, i-485,I-765 and I-131. And that's it . Edited July 19, 2015 by Shacanus

[Shacanus 3]

you case is not as complicated and you are making it to be. Your fiancé is here on a visitors visa that's cool when you guys get marry then you file all the applications exi-130, i-485,I-765 and I-131. And that's it .

from what I understand he has over spend his time on the visitors visa, so after you guys get marry he will have to pay a fine I advice you 1000 times do not make that mistake and let him go back to his country and then you file for him. Edited July 19, 2015 by Shacanus

[Shacanus 3]

Seriously, a tourist visa is good for a maximum of 6 months and can you use a tourist visa to extend your stay in the USA when you came in on a work visa?...maybe the lawyer knows that the fiance has overstayed and the fiancee has left out that bit of information. Please be careful with your analysis and advice.

http://www.uscis.gov/visit-united-states/extend-your-stay

Looks like he needed to file some paper work if he wanted to extend his stay on the tourist visa...

http://www.uscis.gov/i-539

i am carful with my advice and I will say it again going back to his country is never a option. Yea he over spend his time but with a good lawyer there's step that can be taken here, if he goes back to his country I sorry for his marriage unless his wife decide to go live with him because it will take years for him to get entry back In the U.S.

[Shacanus 3]

you case is not as complicated and you are making it to be. Your fiancé is here on a visitors visa that's cool when you guys get marry then you file all the applications exi-130, i-485,I-765 and I-131. And that's it .

point of correction he cannot file the I-485 because he over stay his time my lawyer had advice me that I needed to file my I-485 before my given time on the visitors visa was up

[Boiler 43,429]

Sounds like he never entered on a Tourist visa.

[KayDeeCee 4,891]

TO THE ORIGINAL POSTER>> Please read and follow this guide for applying for adjustment of status and the I-130 concurrently. You will not need the I-601A. He will not be leaving the US and applying for a visa abroad. That lawyer is wrong. He should marry you and stay. >> http://www.visajourney.com/content/i130guide2

from what I understand he has over spend his time on the visitors visa, so after you guys get marry he will have to pay a fine I advice you 1000 times do not make that mistake and let him go back to his country and then you file for him.

He will NOT pay a fine. His overstay will not matter because he will be applying as an immediate relative, the spouse of a USC.

UGH... so much misinformation in this thread that the OP's head is probably spinning while reading through it.

Read the I-485 instructions! He will be eligible to apply concurrently with an I-130 petition for an immediate relative. The overstay is not a problem in this case >

Maintaining status is not a requirement to file for adjustment as the spouse of a USC > http://www.uscis.gov.../i-485instr.pdf

Who May File Form I-485?

1. Based on an immigrant petition

A. An immigrant visa number is immediately available
to you based on an approved immigrant petition; or

B. You are filing this application with a completed
relative petition, special immigrant juvenile petition,
or special immigrant military petition which, if
approved, would make an immigrant visa number
immediately available to you.

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

A. An immediate relative of a U.S. citizen (parent,
spouse, widow, widower, or unmarried child under 21
years old);

From the USCIS website >http://www.uscis.gov...anent-residents

Bringing Spouses to Live in the United States as Permanent Residents

You are a: U.S. citizen

Your spouse is: Inside the United States (through lawful admission or parole)

How to Apply: File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.

[Shacanus 3]

TO THE ORIGINAL POSTER>> Please read and follow this guide for applying for adjustment of status and the I-130 concurrently. You will not need the I-601A. He will not be leaving the US and applying for a visa abroad. That lawyer is wrong. He should marry you and stay. >> http://www.visajourney.com/content/i130guide2

He will NOT pay a fine. His overstay will not matter because he will be applying as an immediate relative, the spouse of a USC.

UGH... so much misinformation in this thread that the OP's head is probably spinning while reading through it.

Read the I-485 instructions! He will be eligible to apply concurrently with an I-130 petition for an immediate relative. The overstay is not a problem in this case >

Maintaining status is not a requirement to file for adjustment as the spouse of a USC > http://www.uscis.gov.../i-485instr.pdf

Who May File Form I-485?

1. Based on an immigrant petition

A. An immigrant visa number is immediately available

to you based on an approved immigrant petition; or

B. You are filing this application with a completed

relative petition, special immigrant juvenile petition,

or special immigrant military petition which, if

approved, would make an immigrant visa number

immediately available to you.

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

A. An immediate relative of a U.S. citizen (parent,

spouse, widow, widower, or unmarried child under 21

years old);

From the USCIS website >http://www.uscis.gov...anent-residents

Bringing Spouses to Live in the United States as Permanent Residents

You are a: U.S. citizen

Your spouse is: Inside the United States (through lawful admission or parole)

How to Apply: File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.

thanks for the correction but I got that information for my lawyer when I go to file my papers she advice me that I needed to file before my given time on my visa.added to that my advice was right that he should not leave the country as he was being advice by 002

thanks for the correction but I got that information from my lawyer when I went to file my papers she advice me that I needed to file before my given time on my visitors visa was up , added to that my advice was right that he should not leave the country as he was being advice by 002

[Boiler 43,429]

002?

[aaron2020 11,651]

from what I understand he has over spend his time on the visitors visa, so after you guys get marry he will have to pay a fine I advice you 1000 times do not make that mistake and let him go back to his country and then you file for him.

There is no fine.

[NovaKay 0]

Thanks everyone - he entered with a B1/B2 visa expiring 2016. He still has his i-94 and the departure date has since passed.

During these ten year he was approved a work visa, but has since expired in 2014.

His parents also had this B1/2 10 year visa and wanted to come visit and extend their stay ( theirs was also expiring in 2016) - they were denied extension and the 2016 visa was taken away. So they were very upset they could not attend our wedding. Immigration not only denied them, but cancelled their visa. In an effort to come to the wedding, they hired a lawyer and are getting a second chance interview.

The paperwork just doesn't add up to me...but they've already paid him and the lawyer is in korea. I'm at a loss..I just hope they can come and then I will follow advice/directions on here or through an american lawyer to adjust my soon to be husband status in a month.

Thank you everyone for providing insight!

Edited July 20, 2015 by NovaKay

[aaron2020 11,651]

i am carful with my advice and I will say it again going back to his country is never a option. Yea he over spend his time but with a good lawyer there's step that can be taken here, if he goes back to his country I sorry for his marriage unless his wife decide to go live with him because it will take years for him to get entry back In the U.S.

Incorrect. You are not careful with your advice because you have made conclusions without knowing the facts. You don't even know if he has overstayed much less is subject to a bar. Even if he leaves, it would not take years if he does not have a bar.