Overstayed tourist visa, got married - In need of advice.

[Swedish Robby 0]

Hello everyone,

My situation is really starting to stress me and my partner, and I found this forum in hope for some assistance from you people who are more informed than I/we are in this matter.
I have currently been living in the US for just over 2 years, I entered on a 90 day tourist visa and have overstayed for a LONG time now, but met my wife and we decided to get married which we now are.

I did not enter the US with the intent of getting married, and the reason for me staying was that I had met my wife but didn't know if we would end up getting married or not, but I didn't want to leave.

We are now married as stated above, and we can't really afford to hire expensive attorneys but need this process to hurry up since I need to e able to leave the country without being banned forever, since the field of work I am in will require me leaving at some point sooner rather than later. I am swedish and she is a US citizen of course, and any help or advice in what paperworks we need to file, in what order, and if I need blood works taken for my application is greatly appreciated.

If anyone has been in the same situation or have any help to provide I/we would be forever grateful.
Since I am currently in the US I can't really find anywhere where this is an option for filing paperworks, all I can find is the k1 where I would be allowed to enter from Sweden to America, but since I am already here, what do I do? And in which steps do I take everything?


Many thanks up front

All the best

-R

[Penguin_ie 5,986]

*** Moving from K1 fiance visa to AOS from Tourist visa forum *****

[sandra3711 52]

Hej!

You need to be able to prove that you did not enter with the intention of getting married, or it will be considered visa fraud. The visa that is applicable to you would be the Adjustment of Status one, but I'm unsure how the 2 years of overstaying would reflect on it. Hope someone else can pitch in with some valuable information. Good luck!

[Ryan H 3,790]

Hej!

You need to be able to prove that you did not enter with the intention of getting married, or it will be considered visa fraud. The visa that is applicable to you would be the Adjustment of Status one, but I'm unsure how the 2 years of overstaying would reflect on it. Hope someone else can pitch in with some valuable information. Good luck!

Incorrect on all counts:

• The OP will not need to prove they didn't intend to get married.
• The overstay will be forgiven (provided the AOS application is approved).
• Adjustment of status is not a visa, it's a process an individuals must complete successfully in order to become a lawful permanent resident.

[Swedish Robby 0]

Thank you both for taking time to try to help me with this.

I should probably mention that I live in and got married in Los Angeles as well, if the state matters I am not sure.

Does anyone know if the state of CA requires blood works to be done for this?

many thanks again guys

[Transborderwife 4,666]

Regardless of state, you'll have to see a civil surgeon to get a medical done as well as any vaccinations needed. This will likely cost between $150-400

[Ning 619]

Thank you both for taking time to try to help me with this.

I should probably mention that I live in and got married in Los Angeles as well, if the state matters I am not sure.

Does anyone know if the state of CA requires blood works to be done for this?

many thanks again guys

See the forum here on V J for doing the AOS from tourist visa. Find forums at top of page. Scroll down to find correct section.

You do not need a lawyer. File 130 petition asap to begin. Follow steps in forum and guides. Formulate questions to ask on V J. Many experienced members such as Ryan that you can trust to be correct.

State doesn't matter.

Consider using local county health clinic for shots prior to C S visit to save money. Mine were 23 dollars.

Edited December 6, 2014 by Ning

[Swedish Robby 0]

Regardless of state, you'll have to see a civil surgeon to get a medical done as well as any vaccinations needed. This will likely cost between $150-400

Thanks for your quick reply. This is a huge issue for me though. Will they force any specific vaccinations on me? I am strongly against any kind of vaccines, such as flu shots and anything like this promoted by the US government.

If I have my baby shots from sweden for polio and the basic things will this be sufficient or what are the legal issues regarding which shots you have to take as a US citizen?

Thanks again, well appreciated

[Transborderwife 4,666]

Thanks for your quick reply. This is a huge issue for me though. Will they force any specific vaccinations on me? I am strongly against any kind of vaccines, such as flu shots and anything like this promoted by the US government.

If I have my baby shots from sweden for polio and the basic things will this be sufficient or what are the legal issues regarding which shots you have to take as a US citizen?

Thanks again, well appreciated

You will need proof of these shots plus any that the surgeon deem necessary. There are waiver exemptions however to my knowledg being philosophically or morally against the vaccines are not reason enough to gain approval. There have been cases on VJ of AOS being rejected for incomplete vaccination records. Flu shot would almost definately be deemed necessary as it's flu season. Edited December 6, 2014 by Transborderwife

[Transborderwife 4,666]

http://www.uscis.gov/news/questions-and-answers/vaccination-requirements

I believe it's an additional $545 to file the waiver

Edited December 6, 2014 by Transborderwife

[Ning 619]

Thanks for your quick reply. This is a huge issue for me though. Will they force any specific vaccinations on me? I am strongly against any kind of vaccines, such as flu shots and anything like this promoted by the US government.

If I have my baby shots from sweden for polio and the basic things will this be sufficient or what are the legal issues regarding which shots you have to take as a US citizen?

Thanks again, well appreciated

I disagree that flu shots are required. I never had them nor has anyone in my American family.

I think there are 3 mandatory shots.

Seek info at a doctor, health clinic or C S office.

[Transborderwife 4,666]

I disagree that flu shots are required. I never had them nor has anyone in my American family.

I think there are 3 mandatory shots.

Seek info at a doctor, health clinic or C S office.

Flu shot is usually mandatory for aos during flu season. Edited December 6, 2014 by Transborderwife

[NipTuck 1]

Hello!

My husband who's Danish didn't have an overstay, but he did enter on the Visa Waiver Program without intent to stay and then adjusted his status to permanent resident. We followed this guide: http://www.visajourney.com/content/i130guide2and haunted VJ forums to help answer the hundreds of questions that came up. It's a bit of an ardouos processs, but definitely worth it :-).

He did have to get a vaccine or two because we didn't have his records from Denmark, but I think he did manage to avoid the flu shot, even though it was flu season. No guarantees on that one though.

Good luck on your journey!

[Sarahnick 19]

The shots you had in Sweden have to be within 10yrs, I am swedish myself and in the process of a K1 visa. Have a friend in the states who entered on a j1 visa and is now filing AOS and she was required to take 3/4 shots to be able to send any papers anywhere. The flu shot depends if it is flu season, how old you are and so on.

[2ndMessiah 184]

See the forum here on V J for doing the AOS from tourist visa. Find forums at top of page. Scroll down to find correct section.

You do not need a lawyer. File 130 petition asap to begin. Follow steps in forum and guides. Formulate questions to ask on V J. Many experienced members such as Ryan that you can trust to be correct.

State doesn't matter.

Consider using local county health clinic for shots prior to C S visit to save money. Mine were 23 dollars.

I think you need to file the I-130 concurrently with the I-485.

Filing the I130 first will not give you any protection from deportation proceedings. It is only the acceptance of the I485 that will put you in a period of legal stay while they process your application.

Edited December 6, 2014 by 2ndMessiah