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Husband came here on a tourist visa from U.K. We married about 2 weeks ago, and his visa expires in 17 days. Our baby is due in weeks, and I'm stressing we will not get a certified copy of the marriage license befor his visitor visa expires. We are using an attorney to file. What do you suggest we do? Additionally, will a doctor provide an immigration physical if the foreigner is still technically on a visitor visa? It's all so confusing.

Thanks for the help.

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The fact that your attorney cannot advise you on the next steps is of concern to me. Since you are married your spouse is an immediate relative and any overstay while filing will be forgiven. Yes, he can still have a physical exam on a visitor's visa. These are things your attorney should have known and commented on to you. I would suggest getting rid of the attorney. Your case does not seem to be complicated and you can file on your own. Good luck! :)


Suggest to ditch the lawyer and relax. Doctor will do medical on anyone and any overstay is irrelevant/forgiven for spouses of USCs who adjust in country.

You beat me to it. Yes yes yes!!! OP, please take this advice. :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Thanks for the advice, guys. I have asked my attorney these questions through email only an hour ago, so I'm waiting on her response and just losing my poo in the meantime. You guys have relieved some stress though, thank you. Do you feel we will get approved?

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Filed: K-1 Visa Country: Wales
Timeline

Depends on why he needed a visitor visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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We do not have any additional info from you so we cannot make a determination on the likelihood of your approval.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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He got a visitor visa to visit, of course.

What other info would help you guys understand my case?

We married after 60 days, I'm a U.S citizen by birth, both have clean records, and like I said, his visa expires in 2 weeks, 3 days, and our baby is due in 8. We both tend to look to google for all the answers to our many questions, and provoke a ton of anxiety and stress by all of the negative answers we come across.

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Filed: K-1 Visa Country: Wales
Timeline

He got a visitor visa to visit, of course.

What other info would help you guys understand my case?

We married after 60 days, I'm a U.S citizen by birth, both have clean records, and like I said, his visa expires in 2 weeks, 3 days, and our baby is due in 8. We both tend to look to google for all the answers to our many questions, and provoke a ton of anxiety and stress by all of the negative answers we come across.

Why did he need to obtain a visa to visit.

You married after 60 days, why is that relevant?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yeah, that darn 30/60/90 rule that I've heard is mythical/heard isn't.

And he was on a tourist visa because that's how we originally met. If you take the pregnancy into consideration, i suppose any date visiting might appear suspicious. But there's no way around that now.

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OP: People from the UK are eligible for and usually travel on ESTA/ the VWP. The question is, why did he get a regular B2 visa and not travel on the VWP? The fact that he did not use ESTA can indicate that he has a criminal record or some other issue. Or are you confused about his status?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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