Married while here on visitor visa?

[Alhamdulillah 0]

I'm asking this question for a friend and any help would be greatly appreciated. She got married to a man who's here on a visitors visa this weekend. We're not sure what kind of visa it is other than a visitor visa that's good for one year. What does she need to do now for him to get a GC and be able to stay after this visa expires? I was thinking she would just file the Adjustment of Status like a fiance visa would but $1,010 is pretty expensive to send in the wrong forms and have them rejected!

[YuAndDan 153]

If he came here on the visitors visa with the intent to marry and immigrate, this is what immigrations and DOS have the K-1 visa for. Misuse of a visitor's visa is visa fraud. If this is the case file I-130 for an immigrant visa and do not overstay the visitors visa, return home and interview for the CR-1 visa.

If he has been here for a few months and just so happen to meet het and they decided to marry, then there is a guide for this situation. USCIS interviewing officer can grill the couple about the misuse of the visitors visa, and can deny the adjustment of status.

http://www.visajourney.com/forums/index.ph...page=i130guide2

I-130 and I-485 are filed together. $355+$1010

Edited January 8, 2008 by YuAndDan

[Alhamdulillah 0]

If he came here on the visitors visa with the intent to marry and immigrate, this is what immigrations and DOS have the K-1 visa for. Misuse of a visitor's visa is visa fraud.

If he has been here for a few months and just so happen to meet het and they decided to marry, then there is a guide for this situation.

http://www.visajourney.com/forums/index.ph...page=i130guide2

I-130 and I-485 are filed together. $355+$1010

They just happened to meet and decided to get married while he was here visiting some family. Thanks for the link.

Will this be a red flag that needs to be addressed up front?

[YuAndDan 153]

If he came here on the visitors visa with the intent to marry and immigrate, this is what immigrations and DOS have the K-1 visa for. Misuse of a visitor's visa is visa fraud.

If he has been here for a few months and just so happen to meet het and they decided to marry, then there is a guide for this situation.

http://www.visajourney.com/forums/index.ph...page=i130guide2

I-130 and I-485 are filed together. $355+$1010

They just happened to meet and decided to get married while he was here visiting some family. Thanks for the link.

Will this be a red flag that needs to be addressed up front?

USCIS interviewing officer can grill the couple about the misuse of the visitors visa, and can deny the adjustment of status if they feel that fraud happened. Edited January 8, 2008 by YuAndDan

[Alhamdulillah 0]

I-130 and I-485 are filed together. $355+$1010

How are they filed together if the I-485 needs proof that the I-130 was approved to be submitted with it?

Why would she need to file the I-130 if he's already in the US?

[payxibka 10,048]

I-130 and I-485 are filed together. $355+$1010

How are they filed together if the I-485 needs proof that the I-130 was approved to be submitted with it?

Why would she need to file the I-130 if he's already in the US?

You first need to establish that they have basis to adjust status.

The I-130 establishes that a qualifying family relationship exists.

[simple_male 1]

I-130 and I-485 are filed together. $355+$1010

How are they filed together if the I-485 needs proof that the I-130 was approved to be submitted with it?

Why would she need to file the I-130 if he's already in the US?

Because USCIS requires I-130 with I-485. The best option would have been for the petitioner to go to the beneficiary's home country and get married or engaged. Then apply for CR-1/K-3 or K-1. Your friend should consult an immigration attorney for their situation. Attorney can guide them how to AOS here in USA.

[YuAndDan 153]

I-130 and I-485 are filed together. $355+$1010

How are they filed together if the I-485 needs proof that the I-130 was approved to be submitted with it?

Why would she need to file the I-130 if he's already in the US?

You need to establish a bassis to adjust status, you can adjust status from a visa type that allows adjustment, a visitor's visa does not allow adjustment of status, a K-1 or K-3 does.

For K-3 a person first files the I-130 to petition for their spouse, and later adjust status based on the I-130.

I-485 directions page: 1

Who May File This 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 (This is K-3)

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. (This is your situation)

http://www.uscis.gov/files/form/i-485instr.pdf

You check "A" on the I-485, based on the "Approved I-130" which is in the same envelope as the I-485.

Edited January 8, 2008 by YuAndDan

[Alhamdulillah 0]

Ok, got it! Thanks again!

[puff 0]

What about the other situation....

My wife was a graduate student (F1 visa), she finished her degreee last year and we got married here in US. Will there be a problem that we apply for I-130? What's our eligibility of applying I-485 then?

I am so worried now. Please hele me out!

[payxibka 10,048]

What about the other situation....

My wife was a graduate student (F1 visa), she finished her degreee last year and we got married here in US. Will there be a problem that we apply for I-130? What's our eligibility of applying I-485 then?

I am so worried now. Please hele me out!

B-2 or F-1 doesn't really matter... You will need an approved I-130 to establish a basis to adjust status.

[bradcanuck 1]

People visiting and then marrying without prior relationship always goes under heavier scrutiny during the process from what I have seen read and asked IOs about.

[eau_xplain 2]

What about the other situation....

My wife was a graduate student (F1 visa), she finished her degreee last year and we got married here in US. Will there be a problem that we apply for I-130? What's our eligibility of applying I-485 then?

I am so worried now. Please hele me out!

B-2 or F-1 doesn't really matter... You will need an approved I-130 to establish a basis to adjust status.

If you have not yet filed your wife's I-130, submit it with the I-485 plus EAD and AP if your wife wants to work and travel while waitiing for the GC. If you have already submitted the I-130, submit the I-485 and attach the receipt/NOA for the I-130.

[rebeccajo 14]

People visiting and then marrying without prior relationship always goes under heavier scrutiny during the process from what I have seen read and asked IOs about.

Without prior relationship? Do you mean with?

Can you give us an example of real-life example of one of these cases?

[simple_male 1]

What about the other situation....

My wife was a graduate student (F1 visa), she finished her degreee last year and we got married here in US. Will there be a problem that we apply for I-130? What's our eligibility of applying I-485 then?

I am so worried now. Please hele me out!

You will be fine. Just do AOS. Follow what eau_xplain has said.