Tourist Visa- Adjusting Status

[AyH0719 0]

Good afternoon VJ Fam!

My BF entered the US with a tourist visa, however he stayed longer than what was listed on his I94.

Should we marry is there a special process considering he stayed longer than what he was supposed to?

Or would this just be a normal adjustment of status?

[Hypnos 6,576]

If you choose to marry and file for AoS then his overstay will not be a barrier to his application being approved.

[Jabl2rom 54]

so it seems like the fastest way to come to the US is just get a tourist visa and marry? those that file a K1 or CR-1 (and have tourist visas or on the VWP) are pretty much wasting their time. Is that correct?

[AyH0719 0]

If you choose to marry and file for AoS then his overstay will not be a barrier to his application being approved.

Great! I though perhaps because he overstayed we woul dneed to do an extra step....the a normal AOS it is! Thanks so much!

[KayDeeCee 4,891]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[Dusty&Mono 6]

so it seems like the fastest way to come to the US is just get a tourist visa and marry? those that file a K1 or CR-1 (and have tourist visas or on the VWP) are pretty much wasting their time. Is that correct?

So the only reason you applied for a K1 visa was because you wanted to come to the United States? What about the bona fide relationship thing?

[Pennycat 880]

So the only reason you applied for a K1 visa was because you wanted to come to the United States? What about the bona fide relationship thing?

Because anyone wondering what the fastest way to be with their husband/wife/fiance/fiancee must be fishing for a visa................

[Jabl2rom 54]

So the only reason you applied for a K1 visa was because you wanted to come to the United States? What about the bona fide relationship thing?

Huh? I am the petitioner. I am saying that it seems like the US Govt allows 99% of the people that come on tourist visas to adjust status if they marry a US Citizen. There are absolutely no repercussions if someone chooses to do so. They aren't deported, they aren't put in immigration purgatory, they aren't less likely to receive a green card or receive AP. Thus, one could argue that it makes little sense for someone to use a K1 or CR1 visa to immigrate to the United States if they already have a tourist visa or are part of the VWP. What are the benefits of coming to the US via the K1 or CR-1 route as opposed to coming on a tourist visa, getting married, and adjusting status? In fact, one could be unfairly punished if they use the K1 and are denied, leaving them in the lurch overseas, whereas a person that comes on the VWP or a tourist visa and gets married can use appeals to remain in the US lawfully. Personally, I hate it when people come to the US on B1/B2 visas and adjust, because it makes things harder for the next person that is trying to visit the US only. It is a loophole that should be closed; however, I doubt that any politicians care to even address this issue. Many people say intent is the deciding factor when it comes to the legality of somone being able to adjust status. But what does that mean? A person that is oblivious to the law would lack intent if they are in the US and decide to get married to stay whereas a knowledgeable individual would be hamstrung, as they know that they intend to marry upon arrival in the US and thus would be illegally entering the US for the purposes of adjusting. I don't have the answers and I personally believe the right thing to do is to file for a CR-1 or K1 visa, but my thoughts are based on morality not law. Have a great day everyone!

[Jabl2rom 54]

Because anyone wondering what the fastest way to be with their husband/wife/fiance/fiancee must be fishing for a visa................

anyone that is wondering what the slowest way to be with their husband/wife/fiance must not be fishing for a visa?

Your statement makes little sense. almost everyone here wants to be with their loves ones as quick as possible, or are there people that want to be separated for as long as possible?

[Pennycat 880]

anyone that is wondering what the slowest way to be with their husband/wife/fiance must not be fishing for a visa?

Your statement makes little sense. almost everyone here wants to be with their loves ones as quick as possible, or are there people that want to be separated for as long as possible?

You misunderstood me (and I wish that someone would hurry up and invent a sarcasm font). The person I was replying to seems to fail to realize that every single person on this site is trying to make this process go faster (or as fast as possible) for them. And it's kind of an idiot move to suggest that an interest in speed betrays an interest in the visa alone. Because clearly legit couples don't care about being separated for months or years.....right. (Again. ..sarcasm font).

[TBoneTX 43,059]

The OP's question has been answered. The continuation of discussion in this thread would only lead to further bickering and to further TOS-violating implication that people should commit visa fraud by entering the U.S. on a tourist visa in order to marry. Accordingly, this thread is locked and is not to be restarted.

TBoneTX

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