Getting married in the US?

[yourwelcome 0]

Hey guys.. So i got into the US again for the fifth time in like 2 years, even though I had an 84 day trip just 2 months ago, but anyway that doesn't matter bottom line is i got in all good, told them i was coming for 2 and a half weeks, ( i came wednesday 14th nov ) and im supposed to be going home tomorrow - HOWEVERR plans suddently changed quite dramatically, my boyfriend here asked me to marry him, so we got engaged, but now we also decided that there's not much stopping me from staying here...and we want to marry here and i want to adjust status here, he is a US citizen..

So my question is, 1) I'm supposed to go tomorrow but they stamped in my passport the regular 90 days so does that mean even if i wanted to stay here 90 days i could? 2) Am i allowed to overstay the date i said i would be leaving in order to marry him sometime next week? 3) When you do get married whats the process? am i allowed to do this, it seems to good to be true?

Im also really scared that they will be coming after me or something as im supposed to go tomorrow but im not going to be???

Please helpp..

[Ryan H 3,790]

Moved from Tourist Visas forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[gstrength 20]

Hey guys.. So i got into the US again for the fifth time in like 2 years, even though I had an 84 day trip just 2 months ago, but anyway that doesn't matter bottom line is i got in all good, told them i was coming for 2 and a half weeks, ( i came wednesday 14th nov ) and im supposed to be going home tomorrow - HOWEVERR plans suddently changed quite dramatically, my boyfriend here asked me to marry him, so we got engaged, but now we also decided that there's not much stopping me from staying here...and we want to marry here and i want to adjust status here, he is a US citizen..

So my question is, 1) I'm supposed to go tomorrow but they stamped in my passport the regular 90 days so does that mean even if i wanted to stay here 90 days i could? 2) Am i allowed to overstay the date i said i would be leaving in order to marry him sometime next week? 3) When you do get married whats the process? am i allowed to do this, it seems to good to be true?

Im also really scared that they will be coming after me or something as im supposed to go tomorrow but im not going to be???

Please helpp..

1 yes, you can stay the full 90 days.

2 technically, you would not be overstaying until after the 90 days allowed, marrying while visiting is not against the law

3 If you get married and decide to stay you have to adjust your status, for that, you can read the guide section on this website. However, coming to this country and utilizing your visitor's visa to get married and adjust status, is illegal and, will earn you a permanent ban from the country.The burden of proof falls upon you to demonstrate that your initial intentions were not to marry your boyfriend when you were coming just for a short visit. And, do not worry, they will not come and get you, you are OK for the full 90 days.

I strongly suggest you read the guides. Good Luck

[yourwelcome 0]

1 yes, you can stay the full 90 days.

2 technically, you would not be overstaying until after the 90 days allowed, marrying while visiting is not against the law

3 If you get married and decide to stay you have to adjust your status, for that, you can read the guide section on this website. However, coming to this country and utilizing your visitor's visa to get married and adjust status, is illegal and, will earn you a permanent ban from the country.The burden of proof falls upon you to demonstrate that your initial intentions were not to marry your boyfriend when you were coming just for a short visit. And, do not worry, they will not come and get you, you are OK for the full 90 days.

I strongly suggest you read the guides. Good Luck

Okay thankyou very muchh, could you please send me a link to the guides because im not sure which route and forms im supposed to be doing etc..

[Xanax 349]

1 yes, you can stay the full 90 days.

2 technically, you would not be overstaying until after the 90 days allowed, marrying while visiting is not against the law

3 If you get married and decide to stay you have to adjust your status, for that, you can read the guide section on this website. However, coming to this country and utilizing your visitor's visa to get married and adjust status, is illegal and, will earn you a permanent ban from the country.The burden of proof falls upon you to demonstrate that your initial intentions were not to marry your boyfriend when you were coming just for a short visit. And, do not worry, they will not come and get you, you are OK for the full 90 days.

I strongly suggest you read the guides. Good Luck

Actually, the burden of proof is on the USCIS to prove the beneficiary entered with the intent to circumvent the law.

The burden to the applicant and the beneficiary is to prove they have a valid relationship.

[yourwelcome 0]

Actually, the burden of proof is on the USCIS to prove the beneficiary entered with the intent to circumvent the law.

The burden to the applicant and the beneficiary is to prove they have a valid relationship.

I mean i thought the whole 'intent to enter and marry' business would already be done with because thats what's decided on entering the country, if they thought for one minute i was planning on all of this they would have sent me back, or atleast interrogated me a bit more - Obviously in the interview and stuff they will be checking the marriage is for real and not just so i can be in the US ( but im from the UK so it's not like im escaping from a terrible country ya know) but anyways, i didn't know they would go back to all that intent to marry stuff, because that worries me because all i have at home is my family friends and college .. i have no strong ties, but this was enough to let me in the country so....

I have no problem proving our relationship but not much defense in proving it wasn't planned ? :S

[ValerieA 350]

You're right, when they let you enter the country they determined you did not have any intention to immigrate, or they would not have let you in. Also, intent alone can not be used to deny an AOS application. The guide you need is here.

[jaycali 415]

I mean i thought the whole 'intent to enter and marry' business would already be done with because thats what's decided on entering the country, if they thought for one minute i was planning on all of this they would have sent me back, or atleast interrogated me a bit more - Obviously in the interview and stuff they will be checking the marriage is for real and not just so i can be in the US ( but im from the UK so it's not like im escaping from a terrible country ya know) but anyways, i didn't know they would go back to all that intent to marry stuff, because that worries me because all i have at home is my family friends and college .. i have no strong ties, but this was enough to let me in the country so....I have no problem proving our relationship but not much defense in proving it wasn't planned ? :S

Sounds like you entered on the VWP. Honestly, as long as you can prove that your marriage is in good faith, you should be fine. People adjust status from tourist every day. They won't be concerned whether or not your intent was to marry per se. It's fully legal to enter on the VWP or a tourist visa and get married. You can get married on any visa. Their concern will be whether you entered on the VWP knowing you were going to marry and then stay, but telling them you were just a tourist. That would be illegal - Classified as fraud, a felony with a lifetime ban from re-entry.

But you know, I know and the USCIS knows that plans do change. It has already been determined by the CBP that your intentions were not to stay. And, if your fiance did a good job, you had no idea he was going to propose to you on this trip, and this is why adjustment of status is legal. Plans change. Yours did. You didn't lie to the CBP when you told them you were visiting for 2 and a half weeks. You told the truth as it was then, and that's all that matters.

As far as staying past tomorrow. This is not a problem. You are allowed to stay up to 90 days lawfully. If you get married and start the adjustment of status process before the 90 days are up, you will not be in unlawful status at any point. If you have not yet begain the adjustment of status process within those 90 days, you will be overstaying, and you will be in the country illegally. As the spouse of a US citizen, you are forgiven any overstay if you adjust in country. Just be aware that after the 90 days are up, you are subject to removal if you have not yet filed for AOS. Filing for AOS begins a new period of lawful stay while the process is pending. BTW, no one will come after you. ICE has too much on their hands to come knocking on your door right away.

Welcome to VJ. Here's a link to the Adjustment of Status guide on here http://www.visajourney.com/content/i130guide2. This forum is a DIY forum. If you follow the guides and ask questions on here when you have questions, you and your fiance will save thousands of dollars in legal fees.

Edited December 2, 2012 by Jay Jay

[Jason32 5]

Sounds like you entered on the VWP. Honestly, as long as you can prove that your marriage is in good faith, you should be fine. People adjust status from tourist every day. They won't be concerned whether or not your intent was to marry per se. It's fully legal to enter on the VWP or a tourist visa and get married. You can get married on any visa. Their concern will be whether you entered on the VWP knowing you were going to marry and then stay, but telling them you were just a tourist. That would be illegal - Classified as fraud, a felony with a lifetime ban from re-entry.

But you know, I know and the USCIS knows that plans do change. It has already been determined by the CBP that your intentions were not to stay. And, if your fiance did a good job, you had no idea he was going to propose to you on this trip, and this is why adjustment of status is legal. Plans change. Yours did. You didn't lie to the CBP when you told them you were visiting for 2 and a half weeks. You told the truth as it was then, and that's all that matters.

As far as staying past tomorrow. This is not a problem. You are allowed to stay up to 90 days lawfully. If you get married and start the adjustment of status process before the 90 days are up, you will not be in unlawful status at any point. If you have not yet begain the adjustment of status process within those 90 days, you will be overstaying, and you will be in the country illegally. As the spouse of a US citizen, you are forgiven any overstay if you adjust in country. Just be aware that after the 90 days are up, you are subject to removal if you have not yet filed for AOS. Filing for AOS begins a new period of lawful stay while the process is pending. BTW, no one will come after you. ICE has too much on their hands to come knocking on your door right away.

Welcome to VJ. Here's a link to the Adjustment of Status guide on here http://www.visajourney.com/content/i130guide2. This forum is a DIY forum. If you follow the guides and ask questions on here when you have questions, you and your fiance will save thousands of dollars in legal fees.

I couldn't have said it better myself. Also, I'm new here, but from what I have read this is right on.

[bigdog 376]

Congratulations, good luck.

[yourwelcome 0]

Guys thanks for all the help..

Just a couple more questions though because i have so many questions going through my head..i have been here almost a month now, havent dont the marriage yet, but were going to do the registry on wednesday, then we have to wait for a date to go infront of the judge..im worried that this will all take too much time!!? Do i have to have sent of the application in order for them to not class me as an overstay? And how do i even know if they recieve it before my 90 days is up..? Also should i be doing the i-130? ...

[MrsB2012 10]

Guys thanks for all the help..

Just a couple more questions though because i have so many questions going through my head..i have been here almost a month now, havent dont the marriage yet, but were going to do the registry on wednesday, then we have to wait for a date to go infront of the judge..im worried that this will all take too much time!!? Do i have to have sent of the application in order for them to not class me as an overstay? And how do i even know if they recieve it before my 90 days is up..? Also should i be doing the i-130? ...

Once you get married, you can file the applications together (I-130 and I-485). You will need to include a copy of your registered marriage license, which can take several days to obtain. Don't worry about being out of status, once you file the I-485, you will be in a new period of status. Also when you file for AOS based on marriage to a USC, any overstay is forgiven. Like you, I was very concerned about the overstay and out of status situation, so much so that I consulted three different immigration attorneys to get sound advice. We married less than one week before my husband was out of status and filed our paperwork a week after his stay expired. Each attorney I spoke to told me the same thing. File your paperwork as soon as possible and make sure you include ALL necessary documents. I'm sure you'll be just fine.