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Friend's fiance came on tourist visa can he stay?

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I have a friend who's fiance came over on a tourist visa from South Africa. They are getting married next month. They have waited to be together for two years and now he does not want to go back, which is understandable. Please no negative comments I just am wondering simply is there a process where they could work on adjusting his status. Where would they go from here? Thank you in advance.

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Filed: Country: Monaco
Timeline

I have a friend who's fiance came over on a tourist visa from South Africa. They are getting married next month. They have waited to be together for two years and now he does not want to go back, which is understandable. Please no negative comments I just am wondering simply is there a process where they could work on adjusting his status. Where would they go from here? Thank you in advance.

Entering the US on a non-immigrant visa with the purpose to immigrate or AOS is considered fraud.

If they choose to act in accordance with the law, his wife can file for a his IR-CR visa immediately after the wedding takes place and he can stay in the US for as long as his I-94 states and return to his home country to finish the process, at the end of which he can return to the US and enter as a permanent resident.

If they choose to start the AOS process in the US - as many do - they need to be prepared to go through the proceedings, during which immigration may or may not require him to return home, depending on what information they have.

Many get away with it but there are always exceptions that prove the rule.


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Filed: Country: Taiwan
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Dont get marry too soon, best is to wait 3-4 months then get marry. He can stay there and do the AOS after marriage, but it still depend on the immigration officer. If you marry too soon, they might think you are visa fruad, so good luck.

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The OP says nothing about preconceived intent and when you marry does not matter. Here is the VJ Guide: http://www.visajourney.com/content/i130guide2

COmplete advice cannot be given without complete information, which won't happen as this post is about a "friend."


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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The OP says nothing about preconceived intent and when you marry does not matter. Here is the VJ Guide: http://www.visajourney.com/content/i130guide2

COmplete advice cannot be given without complete information, which won't happen as this post is about a "friend."

Thank you all for the info. Not sure what you are implying with the "friend" but if you are thinking I'm talking about myself you are wrong. I only wish my husband was over here but I am patiently (sometimes not so patiently) :( waiting for our I-130 to be approved. I do not even think that my husband could get a visitor's visa because he does not have enough evidence tying him to his home country. Anyways, what other information were you looking for?

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Filed: Country: Australia
Timeline

Dont get marry too soon, best is to wait 3-4 months then get marry. He can stay there and do the AOS after marriage, but it still depend on the immigration officer. If you marry too soon, they might think you are visa fruad, so good luck.

This is not entirely true. My husband and I married one month and four days after his entry on a B2. We had our interview yesterday and time frame never came up. We were approved on the spot..


~OUR STORY~

4/2012: Met online and began this cRaZY journey

9/2/2011: He proposed and I said YES!!After multiple trips back and forth.....

7/4/2012: He entered USA at LAX on B2 to visit 6 months

8/8/2012: We got married!!8/8/2012: AOS packet sent (Day 0)

8/10/2012: Packet signed for at 11:48a (Day 2)

8/14/2012: We got our txt/email notifications (all 4) (Day 6)

8/16/2012: Checks cashed.. (Day 8)

8/23/2012: Biometrics letter received via "snail mail" today.. September 7th at 12p in Sacramento CA (Day 15)

8/27/2012: Finally received all 4 NOA1 hard copies via US mail (Day 19)

9/7/2012: Biometrics completed!! (Day 30)

9/19/2012: Received txt message for interview!! October 22nd, 2012.. (Day 42)

9/21/2012: And the interview letter comes in snail mail.. October 22nd, 2pm in Sacramento..Time to get the final stuff together.. (Day 44)

10/16/3012: Received txt msg, EAD is approved and card being mailed. Right before interview and not really needed anyhow!! (Day 69)

10/19/2012: After a bunch of repetitive text messages, my husband received his combo card EAD/AP.. Of course four days before our interview!! (Day 72)

10/22/2012: Interview.. APPROVED!! (Day 75) Next journey ROC!!

10/29/2012: Green Card received in US mail... (Day 82) WOO HOO!!

~ROC BEGINS!!~

08/25/2014: Lifting Conditions Packet Mailed to CA service center (Day 0)

08/27/2014: NOA1 Receipt (Day 2)

09/05/2014: Biometrics letter received via "snail mail" Set for September 15th at 10a in Sacramento CA (Day 11)

09/15/2014: Biometric completed... now we wait!! (Day 21)

11/21/2014: Card/Document Production email received!! (Day 88)

12/01/2014: Card arrives in our mailbox.. this chapter is over... (Day 98) Next is citizenship!!

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This is not entirely true. My husband and I married one month and four days after his entry on a B2. We had our interview yesterday and time frame never came up. We were approved on the spot..

you could also be the exception. what happens to you may not happen for others.


Adjustment of Status from H-1B, Family-Based
07/26/2012 - 10/18/2012: 85 Days from Application Received to GC Received.
Removal of Conditions
07/22/2014 - 11/14/2014: 116 Days from Application Received to GC Received.
Naturalization
02/03/2016 - 05/31/2016 : 119 Days from Application Received to Oath Ceremony.

I am a United States citizen!

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Filed: Timeline

you could also be the exception. what happens to you may not happen for others.

Happened to me too. We got married 4 weeks after I came to the US under VWP. I don't believe there's a timeframe, that you have to wait until you get married to look better in the eyes of USCIS. If he didn't misrepresented himself at the point of entry, there shouldn't be so much to worry about.

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Filed: Country: Australia
Timeline

Happened to me too. We got married 4 weeks after I came to the US under VWP. I don't believe there's a timeframe, that you have to wait until you get married to look better in the eyes of USCIS. If he didn't misrepresented himself at the point of entry, there shouldn't be so much to worry about.

Thank you AF wife. From some of the senior members I have seen reports that the "wait a set period of time before marrying and filing AOS" is a wives tale that is false. I guess you have to do what you feel is right. We married and filed the same day..

Plus if you wait to long you incur overstay which could also cause problems should the AOS not go through.. Just another thought


~OUR STORY~

4/2012: Met online and began this cRaZY journey

9/2/2011: He proposed and I said YES!!After multiple trips back and forth.....

7/4/2012: He entered USA at LAX on B2 to visit 6 months

8/8/2012: We got married!!8/8/2012: AOS packet sent (Day 0)

8/10/2012: Packet signed for at 11:48a (Day 2)

8/14/2012: We got our txt/email notifications (all 4) (Day 6)

8/16/2012: Checks cashed.. (Day 8)

8/23/2012: Biometrics letter received via "snail mail" today.. September 7th at 12p in Sacramento CA (Day 15)

8/27/2012: Finally received all 4 NOA1 hard copies via US mail (Day 19)

9/7/2012: Biometrics completed!! (Day 30)

9/19/2012: Received txt message for interview!! October 22nd, 2012.. (Day 42)

9/21/2012: And the interview letter comes in snail mail.. October 22nd, 2pm in Sacramento..Time to get the final stuff together.. (Day 44)

10/16/3012: Received txt msg, EAD is approved and card being mailed. Right before interview and not really needed anyhow!! (Day 69)

10/19/2012: After a bunch of repetitive text messages, my husband received his combo card EAD/AP.. Of course four days before our interview!! (Day 72)

10/22/2012: Interview.. APPROVED!! (Day 75) Next journey ROC!!

10/29/2012: Green Card received in US mail... (Day 82) WOO HOO!!

~ROC BEGINS!!~

08/25/2014: Lifting Conditions Packet Mailed to CA service center (Day 0)

08/27/2014: NOA1 Receipt (Day 2)

09/05/2014: Biometrics letter received via "snail mail" Set for September 15th at 10a in Sacramento CA (Day 11)

09/15/2014: Biometric completed... now we wait!! (Day 21)

11/21/2014: Card/Document Production email received!! (Day 88)

12/01/2014: Card arrives in our mailbox.. this chapter is over... (Day 98) Next is citizenship!!

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Filed: IR-1/CR-1 Visa Country: China
Timeline

I have a friend who's fiance came over on a tourist visa from South Africa. They are getting married next month. They have waited to be together for two years and now he does not want to go back, which is understandable. Please no negative comments I just am wondering simply is there a process where they could work on adjusting his status. Where would they go from here? Thank you in advance.

we've a guide for that.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Just have them follow the guide Harpa provided, and they don't need to worry about when they are getting married. File as soon as possible after the wedding, and he should have his green card approval 3-5 months later, barring any serious negative factors like misrepresentation at entry, which are far beyond the scope of this thread.


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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Filed: AOS (apr) Country: Canada
Timeline

Many get away with it but there are always exceptions that prove the rule.

Many get away with following a completely legal process?? Shocking!


AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: Country: Philippines
Timeline

From what I know, as long as his legal presence is valid, for example his i-94 has not expired and he has a pending case, such as AOS, that he should be fine and will not be subject to deportation. =)


Met at school: August 2008

Dated Officially: Sept 22, 2008

Engaged: April 24, 2011

K1 Visa

I-129F Sent : 2012-01-27

I-129F NOA1 : 2012-02-02

I-129F NOA2 : 2012-06-22

NVC Received : 2012-07-13

NVC Left : 2012-07-17

Interview Date : 2012-08-14

Interview Result : Administrative Review

USEM Document Request: Sept 11, 2012

Documents sent: Sept 24, 2012

Documents received: Sept 25, 2012

Forwarded to the Consular officer: Sept 28, 2012

Visa Issued: OCt 3, 2012

Final processing: Oct 3, 2012

Received text msg from 2go: Oct 5, 2012

Visa Received : 2012-10-06

US Entry : 2012-10-19

Applied for SSN: 11-06-2012

SSN Issued: 11-22-2012

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Filed: Citizen (apr) Country: Argentina
Timeline

Like Gegel said, entering the US on a non-immigrant visa with the purpose to immigrate or get the AOS is considered fraud. As the rest of people here that took the right patch, they should do it in the right way. Otherwise everybody should use the tourist visa to emigrate to US.

I guess if they get approved, will depend of the inmigration officer and you never know whats gonna happen with that. Some people had luck doing that and others did not.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Check your embassy for results like what is being sought on the adjustment.


In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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