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married on tourist visa, extension request question

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Here is a typical scenario that is partially addressed in these threads, but I think I have a new question/twist.

Friend comes over on tourist visa. We later decide to get married (no fraud and I'm not worried about it). The marriage is taking place 5 months into her 6 month allowed stay. The goal of course is for her to stay or to stay longer while immigration processes are started. It does not seem like we can do an AOS since she did not arrive in any K status. The safest route seems to start an IR1 process but other suggestions are welcome. So now the question is does she leave within her alloted time, or do we file for to extend her stay? I know she is okay pending an extension request, but my understanding is that simply requesting an extension will void her tourist visa. So will this be an immigration hinderance later since she would technically have had a visa voided? While we would also like her tourist visa to remain valid, it does not appear that she could really use it since an attempt to return to the US would be difficult since she would now appear to have immigration intent. But the main question is whether the visa is voided for requesting an extension, how would that affect the IR1 process and whether there is another route to allow her to stay or gain some more time together while the IR1 process is initiated before she has to leave.

Thanks

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No problems later when interviewing later with a voided NON-Immigrant tourist visa.

I would give the extension a try, and see what happens, worse case it's denied, and have to had home.

Also an overstay of less than 6 months will not cause a bar either.


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Why not do an AOS? My understanding is she is in the US right now. Unless she needs to get back to Turkey in the next few months, just file for an AOS and you should be OK.

Assuming she is on a B2 visa, once your AOS package is accepted, the clock stops on her time here, so no overstay accrued from that point on.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Why not do an AOS? My understanding is she is in the US right now. Unless she needs to get back to Turkey in the next few months, just file for an AOS and you should be OK.

Assuming she is on a B2 visa, once your AOS package is accepted, the clock stops on her time here, so no overstay accrued from that point on.

I'm possibly being ignorant here about an AOS since I did not see a box that applied ... but now I think I understand. Yes, she is currently in US on B2. We just decided to get married and set a date 3 weeks away. Her 6 months is up about 4 weeks after that. So what are we missing regarding an AOS possibility? ... and sorry if we are in the wrong forum. Relooking at it, it appears I check box "a" under part 2 where it says an immigration petition has been filed ... and reading further it appears to fulfill the requirement we just need to file an I-30 at the same time as the I-485. Make my day and say I was just being stupid before and this is all we have to do.

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I'm possibly being ignorant here about an AOS since I did not see a box that applied ... but now I think I understand. Yes, she is currently in US on B2. We just decided to get married and set a date 3 weeks away. Her 6 months is up about 4 weeks after that. So what are we missing regarding an AOS possibility? ... and sorry if we are in the wrong forum. Relooking at it, it appears I check box "a" under part 2 where it says an immigration petition has been filed ... and reading further it appears to fulfill the requirement we just need to file an I-30 at the same time as the I-485. Make my day and say I was just being stupid before and this is all we have to do.

This is me making your day. That is exactly what you need to do.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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You can file for AOS without problems.

The moment your AOS petition is accepted, the foreigner's status changes from B2 to "AOS pending" which gives legal presence until the petition is being adjudicated.

Even if you run out of time and your AOS petition is accepted only after the I-94 is expired, it's a non issue. This, however, is only true for people who entered with a visa, not those who entered without a visa as part of the Visa Waiver Program.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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This is me making your day. That is exactly what you need to do.

:thumbs:


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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