In need of sound advice about obtaining Spouse Visa

[InquiringMinds 2]

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.

Thank you so much, I thought it was only me. From what I have gathered it is best for us to find the money before my tourist visa expires and file before as well. I will just pray for a miracle. Thank you so much for your kind words. Edited October 17, 2016 by InquiringMinds

[Cheezees 1,514]

Thank you so much you decent human being, I thought it was just me lol but this is the answer I needed. Wishing you a wonderful week.

Please know that you cannot stay in the country beyond the expiration of your tourist visa but before filing for AOS. This is illegal. If you do not have the money to file, you must leave. That is the law (my opinion on the law is irrelevant). However you expressly stated that you will not have the money to file, so no, the above "answer" is actually NOT what you are looking for.

[InquiringMinds 2]

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.

This is correct and understood. Thank you!

[InquiringMinds 2]

Please know that you cannot stay in the country beyond the expiration of your tourist visa but before filing for AOS. This is illegal. If you do not have the money to file, you must leave. That is the law (my opinion on the law is irrelevant). However you expressly stated that you will not have the money to file, so no, the above "answer" is actually NOT what you are looking for.

Yes, your previous answer was noted and I made modifications to my response. I am clearer on what I will need to do moving forward. Thank you!

[Cheezees 1,514]

This is correct and understood. Thank you!

Good. AOS ASAP (before your B1 expires). I know money is tight and your new intentions for the money are very admirable and 100% what I would expect. I wish the besqt for your and your family.

As an aside: I was living in New Providence (Rose Lane in Rosedale to be exact) in 1999 when hurricane Floyd hit. The "little" damage it did was disastrous and I know that at least 1 person died. If I were you I would be torn between wanting to return and wanting to stay in the US so I could be in a position to actually help.

[InquiringMinds 2]

Good. AOS ASAP (before your B1 expires). I know money is tight and your new intentions for the money are very admirable and 100% what I would expect. I wish the besqt for your and your family.

As an aside: I was living in New Providence (Rose Lane in Rosedale to be exact) in 1999 when hurricane Floyd hit. The "little" damage it did was disastrous and I know that at least 1 person died. If I were you I would be torn between wanting to return and wanting to stay in the US so I could be in a position to actually help.

Thank you so much!!!

Wow, I remember Floyd. We have since had numerous hurricanes but they mostly destroy the outer islands and NP has become a tad accustomed to the hurricanes missing them which is why this latest one completely caught them off guard. Complete devestation and there are still lotssssss of people without power and water and will be a while before complete restoration.

I have tried to go home immediately after the hurricane but my fiancé and parents heavily disagree and want me to stay as it's as there is not much that I can do besides suffer with the rest of them. The best thing I could've done in their opinion was try to assist financially which is what I did without second thought. We will have to get pass this bump in the road, I have two months left so I will try my best to figure something out. Question, if I am to file right before I am supposed to leave will that be considered suspicious to immigration or is it a non factor? Thank you!

Edited October 17, 2016 by InquiringMinds

[Cheezees 1,514]

A non-factor. You entered legally without intent so there is no suspicion. If you send an AOS application on the last possible day, you are still acting within the law.

[JessDak 27]

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.

She was not working illegally. The money she earned was money from the Bahamian economy not the American economy so there is no issue there.

Also, she clearly stated that her intent was to visit her boyfriend. She didn't come here TO work, she is just able to work online as she visits her boyfriend there is a difference between her coming here with the intent to work, and with the intent to visit a loved one.

My best friend has visited me two times in the last few months and brought piles of work with her both times (and I mean folders upon folders of paperwork) just because a huge deal of her work is submitted online. So she was able to catch up on some work when we weren't out having a good time.

If working for a company of your own home, while your feet are on American soil is illegal then I don't even know how many tourists would be breaking the law every time they accidentally answered a work email while on vacation with their family.

[InquiringMinds 2]

She was not working illegally. The money she earned was money from the Bahamian economy not the American economy so there is no issue there.

Also, she clearly stated that her intent was to visit her boyfriend. She didn't come here TO work, she is just able to work online as she visits her boyfriend there is a difference between her coming here with the intent to work, and with the intent to visit a loved one.

My best friend has visited me two times in the last few months and brought piles of work with her both times (and I mean folders upon folders of paperwork) just because a huge deal of her work is submitted online. So she was able to catch up on some work when we weren't out having a good time.

If working for a company of your own home, while your feet are on American soil is illegal then I don't even know how many tourists would be breaking the law every time they accidentally answered a work email while on vacation with their family.

This is what I thought. I knew there was absolutely no way that could be illegal. I bring my computer with me all the time and I have never been questioned about my intent. I have even told the immigration officer that I will be using it for work. Thank you for your response gyal ?