I have no idea what I'm doing...all help will be appreciated

[bigdog 376]

I think you need to file before his visa expires, and you will have to document this as good as you can to avoid any issues with USCIS. I would research to see if anyone else has done this and see their issues / resolution. Never any harm in waiting and doing a K1 or file as married if that is your choice. It might pay to get a quick consultation with a reputable immigration attorney, although I am sure i will get heat from someone for that comment. Rather see you be successful than get a denial even if it means being apart for 6 months. Good Luck what ever you guys decide to do.

[ceadsearc 516]

You are perfectly within your right to marry and file now and he can stay until he get his green card. However, as others have stated, be prepared for a potentially difficult process. The field adjudicators manual is quite clear that a short courtship is a red flag, coupled with an expiring visa ... it may not be easy.

Again, it is your call entirely, but be prepared and research ALL your options so you can determine for sure what is best for you.

[Shiobhan 235]

O ohhhhhhhhhhh

[MlovesW 7]

LindaC is not someone who uses scare tactics. She's also adjusting from a non-family based visa.

OP, as Linda said, the concern is the short time you've known each other. You can still do it, it's not illegal, but prepare to be questioned on it. I'd strongly suggest waiting until the last possible moment to get married. Like, maybe a week before his visa expires. That gives you a little more time between meeting and marriage.

My non-immigration related (unsolicited) advice is that you really think this through. Marrying an immigrant spouse is not the same as marrying a USC. You can't just get divorced. Instead, you're financially responsible for them whether you get divorced or not. So give this as much time and thought as you possibly can.

DandT14, I appreciate your response and I did apologize if the other poster took my comment wrong. However, she did not post that it would be difficult because of time frame of being together, which is the post that I responded on originally. She just stated be prepared for a tough interview, with no other qualifying reasons. You must understand and/or possibly agree for someone new to this site that has no idea what to do or expect, that can be scary to see and read. That is all I meant. I appreciate you sticking up for the other poster, however you must understand that my response was from the eyes of the OP being new and asking questions, and that the other posters response was very vague originally and just had a warning.

[MlovesW 7]

OP (i.e. Arlygirl). I hope you are getting your questions answered here. I cannot comment on the length of relationship/interview issues, but it seems many think it is a problem. As far as his Visa expiring, there are folks on this site that lived in the US for many years (illegally) before filing for AOS and adjusted with issues. Remember, that once your spouse marries you (US citizen) his overstay is forgiven by the government, however and this is big, he cannot leave the USA until you adjust status and he obtains his greencard or advance parole to travel. If his Visa expires and then he leaves before he has a greencard, he can be subject to a ban from re-entering the USA. And if he is on the visa waiver program now, if he overstays before he receives his greencard, he can not use the VWP in the future. Just some things to think about.

As far as interview experiences. If you go under this subforum (AOS from visitor visa category) there is a subcategory, depends on how you are viewing the site (i.e. cell phone/computer) that says Adjustment of Status Case Filing and Progress Reports. Here you will find many different posts and there are some with interview experiences. You just have to sort of poke around and be nosey..

Now, this is my two cents regarding folks posts. You must take everything with a grain of salt, only you and your guy know your specific situation. As an example, I asked a question regarding my fiancé, (now husband) coming to visit for the 6 months allowed on a B2. My question was, what others though about his problems or potential problems at the border when staying 6 months. A lot of folks said that no one would allow him 6 months, who has a job that allows that, and many other negative comments. Just FYI, he has came on that same B2 Visa 3 times in the past year, and every single time he received a 6 month stay, no issues. So it helps to get a thick skin and take everything at face value. Only you know what is best!!

The site here is very helpful. Follow the guides, read up and decide how to proceed.

You can always send me a private message if you have any further questions.

[DandT14 272]

DandT14, I appreciate your response and I did apologize if the other poster took my comment wrong. However, she did not post that it would be difficult because of time frame of being together, which is the post that I responded on originally. She just stated be prepared for a tough interview, with no other qualifying reasons. You must understand and/or possibly agree for someone new to this site that has no idea what to do or expect, that can be scary to see and read. That is all I meant. I appreciate you sticking up for the other poster, however you must understand that my response was from the eyes of the OP being new and asking questions, and that the other posters response was very vague originally and just had a warning.

So it was a misunderstanding. It doesn't need to be a big deal. People who come in here screaming that AOS from a tourist visa is illegal or wrong really piss me off. I just wanted to clarify that Linda is not one of "them."

OP (i.e. Arlygirl). I hope you are getting your questions answered here. I cannot comment on the length of relationship/interview issues, but it seems many think it is a problem. As far as his Visa expiring, there are folks on this site that lived in the US for many years (illegally) before filing for AOS and adjusted with issues.

Just one comment here - It's correct that overstay is not usually an issue when you file for AOS. But, as someone whose husband overstayed for nearly two years, I don't recommend it as a plan of action. It means he'd be here out of status, and that severely limits your life. Not to mention that he would constantly be subject to deportation, even though it's not likely. And, if for some reason, your relationship didn't work out and he left without the AOS completed, he'd suffer consequences in the future. His chances of getting a tourist visa again would be really low. I think having him overstay for any length of time is the last thing you should do.

[Teddy B 17,251]

I am getting married next week! My fiance has been here in the USA on a tourist visa for about 4 months. About 6 weeks ago we were introduced by a mutual friend and immediately hit it off.

So, I am an absolute newbie to this. I think we need to apply for an adjustment of status, but I'm not sure and I truly have no idea what I need to do or where to find out what I need. But what I do know is that I need to figure it out!

The date that he is supposed to leave the US by, is November 21 and I would really like it if he didn't have to do that. So if there's someone out there who would be willing to break this down for me step by step, and explain what our options are, I would appreciate it.

Thank you,

Rachael

Having gone through this process myself I can say that what has been said here about the length of your relationship is true, it will be a factor and it will be questioned at your interview. It isn't of itself a reason for denial, but make sure you have as much evidence as possible that your relationship and marriage is genuine. I would recommend hiring a reputable immigration attorney in your case, it will help with your interview and it will also give more credence to the legitimacy of your marriage.

[LindaC1990 23]

So it was a misunderstanding. It doesn't need to be a big deal. People who come in here screaming that AOS from a tourist visa is illegal or wrong really piss me off. I just wanted to clarify that Linda is not one of "them."

Thanks DandT! I also don't think this is an issue that should be argued about. I just thought everybody knows the red flag here is getting married after 7 weeks not adjusting from tourist visa. oh well. Different point of view.

[arleygirl 0]

A big thanks to everyone! While looking around the forum, I noticed that some people wait quite a long time to file for the AOS...why is that? Is there a benefit? I was planning on just getting that paperwork done and sent out immediately.

[MlovesW 7]

OP, I think that many wait awhile to "file" their paperwork due to costs primarily. That is what I have read in my scan of the site. My personal opinion is the sooner the better, plus your hubby won't be stuck in limbo while waiting to file. Remember that once his I-94 expires he is not current and has many more limitations. Once you file he at least is moving towards the ultimate goal. I would say if you have the funds, the income to sponsor (or a joint sponsor lined up) the sooner the better. I would agree with some's posts that you may have more questions regarding your length of courtship at the interview, but as one poster said that is not reason for denial alone..

[arleygirl 0]

OP, I think that many wait awhile to "file" their paperwork due to costs primarily. That is what I have read in my scan of the site. My personal opinion is the sooner the better, plus your hubby won't be stuck in limbo while waiting to file. Remember that once his I-94 expires he is not current and has many more limitations. Once you file he at least is moving towards the ultimate goal. I would say if you have the funds, the income to sponsor (or a joint sponsor lined up) the sooner the better. I would agree with some's posts that you may have more questions regarding your length of courtship at the interview, but as one poster said that is not reason for denial alone..

Ok, thank you for the info. His sister lives here in the states and she is willing to be a joint sponsor, or to help us with the filing fees, if necessary...so we should be good to get everything filed quickly.

[DandT14 272]

A big thanks to everyone! While looking around the forum, I noticed that some people wait quite a long time to file for the AOS...why is that? Is there a benefit? I was planning on just getting that paperwork done and sent out immediately.

We waited to file primarily due to the cost. The only real benefit to waiting is that you have more time to gather evidence of your bona fide marriage. I wouldn't recommend waiting for that reason though. Being out of status will be no fun for your future husband.

[arleygirl 0]

Ok, I have another question....

We pushed the wedding back a few weeks, so now we are getting married on October 6. This way my family is able to come to our wedding.

My question is this...my fiance is here on a multi-entry tourist visa. Once we are married what are the pros and cons of filing an AOS vs him returning to his country before we file? If we don't file the AOS and he goes back first, will our marriage negatively impact his tourist visa and his ability to come and go here in the US?

Thanks in advance.

[virid 3]

Ok, I have another question....

We pushed the wedding back a few weeks, so now we are getting married on October 6. This way my family is able to come to our wedding.

My question is this...my fiance is here on a multi-entry tourist visa. Once we are married what are the pros and cons of filing an AOS vs him returning to his country before we file? If we don't file the AOS and he goes back first, will our marriage negatively impact his tourist visa and his ability to come and go here in the US?

Thanks in advance.

Theoretically, your marriage will negatively impact his tourist visa because he would have strong immigration intention which is not allowed for non-immigrant visa. But my personal experience is: it depends on the immigration officer. I have a student visa which is also non-immigrant visa but I was able to renew my student visa in my home country after I got married to my USC husband. I clearly stated that my spouse is USC and the immigration officer didnt really care.

btw, the reason I didnt file AOS right after we got married is because I was not sure if I want to stay in US after I graduate.