Advice for a friend

[carvin317 0]

Hey everyone, this is a question for my friend. Obviously not me because im already married, but anyway here it goes.

My friend came from Vancouver, Canada on a tourist visa to be with his family for six months. He met a girl he did not know prior to this trip and they are getting married in May. May would be around his 110th day in the states. He does not want to leave the states after getting married. So what steps does he have to take?

Thanks in advance

[john_and_marlene 162]

File I-130 and I-485 concurrently.

[Minya's wife 24]

Hey everyone, this is a question for my friend. Obviously not me because im already married, but anyway here it goes.

My friend came from Vancouver, Canada on a tourist visa to be with his family for six months. He met a girl he did not know prior to this trip and they are getting married in May. May would be around his 110th day in the states. He does not want to leave the states after getting married. So what steps does he have to take?

Thanks in advance

By the time he marries he will have overstayed the time he was allowed on his I-94, right? What was the date stamped on the I-94 when he entered? Overstays are usually forgiven at the time of adjustment, when its a question of marriage to a USC....but its not necessarily a given, so a consultation with an immigration attorney would not be out of order. Adjusting status from a non-immigrant visa carries with it the assumption of "intent to immigrate" which is what will have to be overcome at AOS.

Edited March 29, 2010 by Minya's wife

[carvin317 0]

Well he is from canada so he didnt get a stamp or anything they just looked at his passport and said you can stay up to six months. He plans on getting married to the us citizen before his six months is up and file the adjustment before his status is up. My real question I guess is can he stay as long as he sends his paper work before his six months is up.

[john_and_marlene 162]

Overstay would not be a reason for denial for the immediate relative of a USC.

Prior intent would not be a reason for denial for the immediate relative of a USC.

Not only will they not be a reason for denial, the liklihood that they will even come up at an interview is remote as they are not a factor in the adjudication.

If the I-130 and I-485 are received before the authorized stay expires, no overstay will accumulate. The adjustment application gives them a new authorized stay pending the adjudication.

Edited March 29, 2010 by john_and_marlene

[trailmix 77]

You might want to show him the adjustment of status guide which can be found here:

http://www.visajourney.com/content/i130guide2