Marriage under the B1/B2 visa

[mirai0013 0]

I got marriage under the B2 Visa. Its being 5 months I am here and my I-94 expires in Jan 23 2009. Meaning that during the application process I ll be without a Visa, or not legaly in the country. Is that correct? since we got marriage what should I do - apply for the K3 visa or just wait on the documents?

Thank you very much

[TayRivers 4]

I got marriage under the B2 Visa. Its being 5 months I am here and my I-94 expires in Jan 23 2009. Meaning that during the application process I ll be without a Visa, or not legaly in the country. Is that correct? since we got marriage what should I do - apply for the K3 visa or just wait on the documents?

Thank you very much

What have you applied for?? did you plan to get married while you were here on your B2 visa?

[KimandRuss 0]

If you did not plan to marry when you last entered the Country then you merely adjust status.

Any overstay is 'forgiven'.

[Old Dominion 26]

Once you apply for Adjustment of Status and get the receipt from USCIS, you are here legally until the AOS application is approved - and then you get the green card. Of course, if you entered as a tourist so you could marry, you are already here illegally.

[payxibka 10,045]

Once you apply for Adjustment of Status and get the receipt from USCIS, you are here legally until the AOS application is approved - and then you get the green card. Of course, if you entered as a tourist so you could marry, you are already here illegally.

Not true... her I-94 does not expire until the end of January... You can marry on a tourist visa without issue... the sole act of marriage does not invalidate the I-94

Edited December 3, 2008 by payxibka

[KimandRuss 0]

I'm afraid this last post may serve to confuse the OP.

I think what Dominion meant to say was that you can not enter the US with the intent of immigrating (staying). If you do so, you are not here illegally (yet) but if you are circumventing immigration laws you can incur serious penalties for doing so.

That being said, if you came into the Country without any intent of immigrating and simply fell in love and marry then you merely adjust status (if there are no overstays/special circumstances..etc). If you don't do so before your I-94 expires you are merely pending adjustment.

Here's a good link for you.

[mirai0013 0]

So where do I go to adjust my status? should I do it b4 apply for the resident permit? or simultanious?

[Reba 2]

adjusting status and applying for permanent residency are one and the same. You are adjusting your status from visitor to permanent resident.

Read the Guides.