In need of sound advice about obtaining Spouse Visa

[InquiringMinds 2]

Good Evening,

I have done constant research to the answers of my questions online but won't feel completely comfortable until I've had sound advice from people that have actually successfully completed the Visa proces. Any willing to offer the same can continue reading below.

I am currently in the US on my tourist visa that is good for six months. I work from home for a company back in my home country in the Caribbean and I have been here for about 4 months visiting my boyfriend. He proposed recently and we were planning on getting married and filing the necessary applications before my tourist visa expired in December so that I can stay here legally. Hurricane Matthew completely destroyed my parents property back home so we had to send the money we put aside for the filing back home to my family and that's not even a portion of what is actually needed to assist them and we will have to wait to save the money again.

The issue here now is that my boyfriend is urging me to stay because there is nothing for me to go back home to and we can file after we have gathered the money. So my question is if we are unable to gather the money before my tourist visa expires in December to get married and file, can I remain in the USA until we are ready to file the I130 and 1485 concurrently and what are the risks involved.

Please anybody that has experienced or knows somebody that has been in this situation and has gotten out offer me advice on the right steps to take? It will be greatly appreciated. Thank you so much!!! ?

[Boiler 43,429]

You would be out of status and deportable

[az2014 381]

You do realise you just admitted to working illegally in the US?

[JFH 12,189]

*~*~*moved from "tourist visas" to "AOS from work, study, tourist visas" as OP is enquiring about adjustment of status and is currently in the USA*~*~*

[InquiringMinds 2]

You do realise you just admitted to working illegally in the US?

I absolutely did not admit to that, I said I work from my computer for a company back HOME that I have actually worked for for the last two years which is why I can be here for months at a time. That can't possibly be illegal.

You would be out of status and deportable

Got it! So the best thing for me to do would be to file before my visa expires, yes?

[Boiler 43,429]

Yes

I absolutely did not admit to that, I said I work from my computer for a company back HOME that I have actually worked for for the last two years which is why I can be here for months at a time. That can't possibly be illegal.

Got it! So the best thing for me to do would be to file before my visa expires, yes?

As long as you are not working whilst you are in the US, you are here as a Tourist.

[JFH 12,189]

I absolutely did not admit to that, I said I work from my computer for a company back HOME that I have actually worked for for the last two years which is why I can be here for months at a time. That can't possibly be illegal.

Got it! So the best thing for me to do would be to file before my visa expires, yes?

Unfortunately working in the USA (even remotely from the spare bedroom for a company located overseas) is not permitted on a tourist visa. Did you bring your laptop and other work supplies with you? If you did, you were lucky they didn't check your luggage upon arrival. People have been denied entry for having copies of resumes and professional qualification certificates in their luggage when coming on tourist visas. I once had my bags checked and they questioned an outfit that I had brought with me that the officer felt was 'the type of clothing one would normally wear for a job interview or to work in an office and not the type of clothing one would normally wear as a tourist'. I explained that I was attending a formal function with my then-boyfriend's (now-husband's) family and that's what I needed the outfit for. I had a copy of the invitation to the event with me, fortunately.

[InquiringMinds 2]

Unfortunately working in the USA (even remotely from the spare bedroom for a company located overseas) is not permitted on a tourist visa. Did you bring your laptop and other work supplies with you? If you did, you were lucky they didn't check your luggage upon arrival. People have been denied entry for having copies of resumes and professional qualification certificates in their luggage when coming on tourist visas. I once had my bags checked and they questioned an outfit that I had brought with me that the officer felt was 'the type of clothing one would normally wear for a job interview or to work in an office and not the type of clothing one would normally wear as a tourist'. I explained that I was attending a formal function with my then-boyfriend's (now-husband's) family and that's what I needed the outfit for. I had a copy of the invitation to the event with me, fortunately.

That's insane and I honestly did not know that. I did bring my laptop with me and the Immigration officer said to me "you travel a lot" to which I replied "I work from my laptop". He said nothing about the above and granted me my normal six month tourist visa. Thank you so much for this information.

[Harpa Timsah 13,258]

It is best to file ASAP but overstay will not be a bar to your adjusting status successfully. Illegal work, if it even happened, is also irrelevant.

After your stay expires and before you file it is true that you would out of status and deportable, in theory. If you got apprehended somehow, they would just order you to AOS since you are married to a USC. I am sorry about your parents' home. File ASAP. Best of luck.

[InquiringMinds 2]

It is best to file ASAP but overstay will not be a bar to your adjusting status successfully. Illegal work, if it even happened, is also irrelevant.

After your stay expires and before you file it is true that you would out of status and deportable, in theory. If you got apprehended somehow, they would just order you to AOS since you are married to a USC. I am sorry about your parents' home. File ASAP. Best of luck.

Thank you so much!!!! if I am not able to pay for both forms and just the i130 before my tourist visa expires, am I allowed to legally stay here until the filing process is complete?

[Boiler 43,429]

Thank you so much!!!! if I am not able to pay for both forms and just the i130 before my tourist visa expires, am I allowed to legally stay here until the filing process is complete?

No

[Harpa Timsah 13,258]

Thank you so much!!!! if I am not able to pay for both forms and just the i130 before my tourist visa expires, am I allowed to legally stay here until the filing process is complete?

The i-130 gives you no benefit nor does it protect your status.

And no, you are not allowed to stay if you have not filed. You can choose to stay and accept the consequences. But it's not the same as permission.

But it would be better to borrow money and file ASAP. If you file you could get work permission and start working and pay back the money you borrowed to file.

[True Love at Last 15]

Good Evening,

I have done constant research to the answers of my questions online but won't feel completely comfortable until I've had sound advice from people that have actually successfully completed the Visa proces. Any willing to offer the same can continue reading below.

I am currently in the US on my tourist visa that is good for six months. I work from home for a company back in my home country in the Caribbean and I have been here for about 4 months visiting my boyfriend. He proposed recently and we were planning on getting married and filing the necessary applications before my tourist visa expired in December so that I can stay here legally. Hurricane Matthew completely destroyed my parents property back home so we had to send the money we put aside for the filing back home to my family and that's not even a portion of what is actually needed to assist them and we will have to wait to save the money again.

The issue here now is that my boyfriend is urging me to stay because there is nothing for me to go back home to and we can file after we have gathered the money. So my question is if we are unable to gather the money before my tourist visa expires in December to get married and file, can I remain in the USA until we are ready to file the I130 and 1485 concurrently and what are the risks involved.

Please anybody that has experienced or knows somebody that has been in this situation and has gotten out offer me advice on the right steps to take? It will be greatly appreciated. Thank you so much!!! ?

First let me apologize for some of the what I consider "rude" and not useful comments. Also, Congratulations on your engagement and I'm truly sorry Hurricane Matthew effected your family.

You came on a tourist visa and you did NOT have the intent to marry.(In this case) You can get married now and adjust your status from tourist to permanent resident.

YES, you will technically be "out of status" after your tourist visa expires but your allowed to stay while your Adjustment of Status is being processed.

You will not be deported, just keep a copy of your marriage license and AOS (Adjustment Of Status) confirmation letter on you (just in case).

Feel free to message me anytime.

[Boiler 43,429]

First let me apologize for some of the what I consider "rude" and not useful comments. Also, Congratulations on your engagement and I'm truly sorry Hurricane Matthew effected your family.

You came on a tourist visa and you did NOT have the intent to marry.(In this case) You can get married now and adjust your status from tourist to permanent resident.

YES, you will technically be "out of status" after your tourist visa expires but your allowed to stay while your Adjustment of Status is being processed.

You will not be deported, just keep a copy of your marriage license and AOS (Adjustment Of Status) confirmation letter on you (just in case).

Feel free to message me anytime.

I did not think Harpa's comments were that bad?

[Cheezees 1,514]

First let me apologize for some of the what I consider "rude" and not useful comments. Also, Congratulations on your engagement and I'm truly sorry Hurricane Matthew effected your family.

You came on a tourist visa and you did NOT have the intent to marry.(In this case) You can get married now and adjust your status from tourist to permanent resident.

YES, you will technically be "out of status" after your tourist visa expires but your allowed to stay while your Adjustment of Status is being processed.

You will not be deported, just keep a copy of your marriage license and AOS (Adjustment Of Status) confirmation letter on you (just in case).

Feel free to message me anytime.

OP correct me if I am wrong, but I don't think this is what was being asked. I believe the OP was asking if she could stay here past the expiration of her tourist visa AND before applying for the AOS. The answer to that is a flat out NO. She cannot stay in the country awaiting money to AOS. That is 100% illegal and intent does not factor into its illegality.