Married on Tourist Visa

[labound 0]

Hey Hey all!

My wife and i are some what pressed for time. We were recently married at city hall in lower Manhattan.No big ceremony since we're saving up to move to california. She came on a Tourist visa on Sept. the 16th and we got married on the 9th of November. Now im not sure the difference between the B1 ad B2, but she's allowed 3 months stay. Which means she's gotta be out by the 16th of december. I downloaded the AOS/495 paperwork. Have just started to fill that out. We are having her parents send over her birth certificate and medical records.Althought i understand we have to set an appoitment with a doctor over here to get the standard shots and everything? correct? If so what do i ask for when making the appoiment? Anyway, before this turns into a jibberish rant, i just have two main questions;

1)what else besides the aos/495(inlcluding the $1010) is there?

2) Since she basically has two weeks and we have yet to fill out the paperwork completely, can she legaly stay pass the 16th of december once they have the paperwork for review?

thanx all!

[ameribrit 37]

Hey Hey all!

My wife and i are some what pressed for time. We were recently married at city hall in lower Manhattan.No big ceremony since we're saving up to move to california. She came on a Tourist visa on Sept. the 16th and we got married on the 9th of November. Now im not sure the difference between the B1 ad B2, but she's allowed 3 months stay. Which means she's gotta be out by the 16th of december. I downloaded the AOS/495 paperwork. Have just started to fill that out. We are having her parents send over her birth certificate and medical records.Althought i understand we have to set an appoitment with a doctor over here to get the standard shots and everything? correct? If so what do i ask for when making the appoiment? Anyway, before this turns into a jibberish rant, i just have two main questions;

1)what else besides the aos/495(inlcluding the $1010) is there?

2) Since she basically has two weeks and we have yet to fill out the paperwork completely, can she legaly stay pass the 16th of december once they have the paperwork for review?

thanx all!

I hope you are both going into this knowing the consequences of a denial. Whilst adjusting status from a tourist visa has been done relatively easily in the past, be warned that they are craking down on this.

I am sure that you know that the safer option is for her to go back to the UK, and for you both to go the spousal visa route, as most married couples on this website forum have done. If you don't give USCIS enough proof that she didn't go over with the intent to immigrate you are risking denial of her AOS, and a possible ban. Being that she entered on the VWP, she waived her right to appeal any negative decision. If you are dead set on going the way you are, my advice would be to lawyer up

[sciencenerd 56]

She can stay past the 16th if they have received the paperwork - send it in early in case there are any problems. Adjusting from a tourist visa (or VWP) isn't that difficult from what I've heard (and wasn't hard for us from Canada, but that's a bit different), but you need to make sure that it is in ASAP (like send it on Monday if you can). The situation as well as the chances of success change dramatically if she overstays. If you don't think you can get it done that quickly, you should probably either do the K1 or CR1 instead. Good luck. There are lots of folks on here with a lot of knowledge and experience, so I'm sure they'll pipe in with more detail.

[Nataliya-Ron 7]

I hope you are both going into this knowing the consequences of a denial. Whilst adjusting status from a tourist visa has been done relatively easily in the past, be warned that they are craking down on this.

I am sure that you know that the safer option is for her to go back to the UK, and for you both to go the spousal visa route, as most married couples on this website forum have done. If you don't give USCIS enough proof that she didn't go over with the intent to immigrate you are risking denial of her AOS, and a possible ban. Being that she entered on the VWP, she waived her right to appeal any negative decision. If you are dead set on going the way you are, my advice would be to lawyer up

Yeah she will have to go back to her native country and still do an CR-1.

USCIS has been not been allowing many of these sorts or marriages to be approved.

Check with the USCIS Immigrations law pertainning to Visa Tour marriages

OR call the USCIS and ask them .Better she married and returns before her Visa

expires or she could be banned 10 years. Or get a lawyer and have file for and extention

if its not to late in the game. Attorney get give you your choices also.

Good Luck

[sciencenerd 56]

She can stay past the 16th if they have received the paperwork - send it in early in case there are any problems. Adjusting from a tourist visa (or VWP) isn't that difficult from what I've heard (and wasn't hard for us from Canada, but that's a bit different), but you need to make sure that it is in ASAP (like send it on Monday if you can). The situation as well as the chances of success change dramatically if she overstays. If you don't think you can get it done that quickly, you should probably either do the K1 or CR1 instead. Good luck. There are lots of folks on here with a lot of knowledge and experience, so I'm sure they'll pipe in with more detail.

oops - just realized I missed that you are already married, so scratch the K1 option obviously.

[ameribrit 37]

She can stay past the 16th if they have received the paperwork - send it in early in case there are any problems. Adjusting from a tourist visa (or VWP) isn't that difficult from what I've heard (and wasn't hard for us from Canada, but that's a bit different), but you need to make sure that it is in ASAP (like send it on Monday if you can). The situation as well as the chances of success change dramatically if she overstays. If you don't think you can get it done that quickly, you should probably either do the K1 or CR1 instead. Good luck. There are lots of folks on here with a lot of knowledge and experience, so I'm sure they'll pipe in with more detail.

They can't do K1 as they are already married.

[labound 0]

hmmm thanx for the information guys!

if we did go the lawyer route how much would that cost?(roughly)

also, no one answered the question if the 485 paperwork was the only paperwork we had to fill out?

Why are they not letting many tourist visas marriages in? We have planed to get married,not this trip though, just happend. But she's been here various times on tourist visas and was here on a school visa 3 years ago. So it's not it's her first time here(not that it matters) thanx!

Edited November 28, 2010 by labound

[ameribrit 37]

hmmm thanx for the information guys!

if we did go the lawyer route how much would that cost?(roughly)

also, no one answered the question if the 485 paperwork was the only paperwork we had to fill out?

Why are they not letting many tourist visas marriages in? We have planed to get married,not this trip though, just happend. But she's been here various times on tourist visas and was here on a school visa 3 years ago. So it's not it's her first time here(not that it matters) thanx!

Wouldn't like to say how much a laywer will cost. Research good immigration lawyers in your area. The will usually allow a free consult.

The process for AOS is in the guides on this website.

If it were easy to AOS from VWP everyone would be doing that, instead of going the route of CR-1. From what i have read, many AOS cases from VWP are being put on indifinate hold.

It is your choice, and hopefully it will be more informed after a lawyer consult. It is up to you both to decide if you want to chance adjusting from marriage on a VWP or for her to go back to the UK and file for a spousal visa, which usually takes between 8-12 months, so long as USCIS don't get any more backed up. Personally i wouldn't take the chance of the first option.

Good luck

[Harpa Timsah 13,258]

If you did not have plans to marry and stay here when your wife entered the US, then you can adjust her status. However, you must understand some things.

1. She did NOT enter with a visa. She entered on the Visa Waiver Program (VWP), which for this purpose is entirely different than a visa. Since she did enter on the VWP, then if your adjustment is denied, there is no recourse for going to court and arguing about it. She signed away her rights to a trial when she entered on the VWP.

2. You can adjust status on the VWP if you get the paperwork accepted before her 90 days are up. You will fill out a CONCURRENT I-130/I-485. The guide is here:

http://www.visajourney.com/content/i130guide2 It costs now $420 + $1070, plus the medical.

3. If you do not get the paperwork accepted before the 90 days are up (not just received in the post box, but initially accepted for review and checks cashed) then you risk an automatic denial simply based on the fact that she overstayed. Getting it initially accepted takes usually 5 business days from when it is received, but it can take more, and it can also be rejected for something as small as forgetting to sign a form. Normally, you can just resend, but for your case, it might mean the difference between in-status and overstay. For people that entered with a visa, an overstay is irrelevant for spousal petitions, but it IS relevant for VWP.

Some offices are reading the law differently and deciding (based on some court cases) that people who overstay the VWP are not eligible to adjust status. They are choosing to deny petitions and order a deportation, which comes with a 10-year ban. If you are in NY, I think you may be lucky. I don't think they are one of the districts that are immediately denying overstay VWP people, but I am not sure and I wouldn't risk your future on a "hunch" from a stranger online!

Read this article:

http://www.nytimes.com/2010/05/15/nyregion/15visa.html

A lawyer can't change what is going on with the VWP overstays, so I don't think one would help much.

Let me sum up that you really need to get your paperwork accepted before the 90 day deadline... then you can sleep (relatively) easy... there is still a chance for denial if they think your marriage is fraudulent, but if it is real, then I wouldn't worry about that much.

Once you get the papers initially accepted, she cannot leave the country for about 3 months. If she leaves, she will abandon this application. She must wait here until she gets a temporary travel permission, called advance parole, or the greencard itself, which is a permanent travel permission in itself (although with some restrictions you can read later).

Hurry up and get that paperwork sent in!! Tomorrow!

Congrats on your marriage!

[edgini 0]

Yes, you need to be very careful and consider all your options before trying to adjust status from VWP... it can get very messy.

unfortunately CR1 visa is probably the best route but she will have to return to the uk and this could take 10 months from what i have read, if they deny your request to adjust status on VWP she could be jailed then deported and banned from entering the US for 10 years, which can be overcome with much work and expense.... and time.

read my posting too, there may be some info that applies >> http://www.visajourney.com/forums/topic/284564-vwp-overstay-between-180-and-365-days-options-cr1/page__st__30__p__4315068__fromsearch__1#entry4315068

[Boiler 43,434]

The VWP Express is no longer something to be done without a Lawyer.

[VanessaTony 3,567]

** moved from "Tourist Visas" to "AOS (Other)" as the OP isn't applying for a tourist visa, but asking about AOSing from one **

[cookieandcream 10]

don t waste your time and get a lawyer you are not supposed to get married with intension of staying on a VWP!

the fees are about 3000$ + immigration fees about 2000 ( medical included )

hurry up and gather everything you need ( look at the guides i485 - i130 )

[Brother Hesekiel 2,235]

You said you don't know the difference between a B1 and a B2, but like Harpa Timsa I would assume that your wife entered without a visa, purely based on the fact that you stated she got only 90 days to stay. You never confirmed that (unless I totally overlooked it), but it would be important to actually open her passport and look for a visa.

If there's a B1 or B2 visa in there, you guys can take a deep breath, as any potential overstay will not be made an issue of at the Adjustment of Status (AOS) from non-immigrant to immigrant.

If your wife does not have a visa, and also in light of your quicky marriage, you are looking at 2 options:

1) File an I-130 petition (petition for an alien relative) this week. Have your wife return to Her Majesty's Kingdom before December 16th. Once the I-130 is approved, your wife can apply for a CR-1 visa. Once issued, she enters the US as a Lawful Permanent Resident (LPR) and receives her Green Card a couple of weeks later in the mail. No AOS, no headaches, no fear of dire consequences.

2) Find somebody competent in AOS issues and get your I-130, I-485 and I-765 out ASAP via USPS Express Mail.

Don't make a mistake, don't forget anything, don't enclose a check that doesn't have the exact amount and you should be fine, as long as the petition is being accepted in time.

If that doesn't happen and your wife overstays for a few days, heck . . . even stays until after Christmas and New Year's . . . no big deal. The overstay would prevent her from entering the US again without a visa, but when it comes to the CR-1, it won't have an impact as long as no 180-day overstay would trigger a 3-year bar. Needless to say, while out of status, your wife should keep a low profile, not being arrested for doing' fireworks on New Year's Eve and not trying to visit Niagara Falls.

Good luck.

Edited November 30, 2010 by Just Bob

[MayoKy 10]

if you are in NY I wouldnt risk it! My lawyer told me yesterday, that she heard about that Cases in New York and New Jersey are being denied due to overstay (also California) I have an overstay for about 3 Weeks (cause we didnt get everything together until July this year, cause we didnt plan to get married.... at this time my lawyer NEVEr mentioned that there could be any issue with that, she said it would be forgiven, now ive learned that this is not 100% correct! But she also she is from Chicago, she had lots of people that were married under VWP and overstayed and all of her clients got approved! yes Im nervous and I wished I would have known at that time but too late now! But I would never do it again! At least I would file within the 90 Days if posible, otherwise Id go back home and apply for a Visa from there!!!

Edited December 1, 2010 by MayoKy