Fiance work visa expired, travel visa NOT expired

[NovaKay 0]

you case is not as complicated and you are making it to be. Your fiancé is here on a visitors visa that's cool when you guys get marry then you file all the applications exi-130, i-485,I-765 and I-131. And that's it .

yes I agreee! I thought it would be simple - but I think things became confusing when his parents were denied their tourist visa to come to our wedding. And this lawyer is directing me but it didnt make sense...

btw when did he start using his tourist visa?

2006 - B1/2 until 2016

Edited July 20, 2015 by NovaKay

[aaron2020 11,651]

point of correction he cannot file the I-485 because he over stay his time my lawyer had advice me that I needed to file my I-485 before my given time on the visitors visa was up

Strike 3. Please do some research before you post. He can absolutely file the I-485 if he overstay because he would have a US citizen spouse and the overstay would be forgiven.

[NovaKay 0]

Strike 3. Please do some research before you post. He can absolutely file the I-485 if he overstay because he would have a US citizen spouse and the overstay would be forgiven.

I did alot of research, but when a lawyer tells you to do something else, I have to ask again, right? Also..kind of devastating that his parents cannot see their first born son get married - especially koreans...believe me I am researching.

[NikLR 13,220]

So he hasn't left the USA since?

[aaron2020 11,651]

Thanks everyone - he entered with a B1/B2 visa expiring 2016. He still has his i-94 and the departure date has since passed.

During these ten year he was approved a work visa, but has since expired in 2014.

His parents also had this B1/2 10 year visa and wanted to come visit and extend their stay ( theirs was also expiring in 2016) - they were denied extension and the 2016 visa was taken away. So they were very upset they could not attend our wedding. Immigration not only denied them, but cancelled their visa. In an effort to come to the wedding, they hired a lawyer and are getting a second chance interview.

The paperwork just doesn't add up to me...but they've already paid him and the lawyer is in korea. I'm at a loss..I just hope they can come and then I will follow advice/directions on here or through an american lawyer to adjust my soon to be husband status in a month.

Thank you everyone for providing insight!

Hi,

The expiration date on his visitor visa is irrelevant. Once he overstayed his I-94, the visitor visa was automatically revoked as a matter of law. He no longer has a B1/B2 visa.

Overstaying becomes irrelevant when he entered legally and is adjusting status based on marriage to a U.S. citizen.

A lawyer can not do anything to help his parents get visitor visas. The lawyer will gladly take their money. The "hey, we want visitor visas to go to the U.S. to see our son who is there illegally get marry" is not going to happen after their prior visas were cancelled. Once a person is here illegally, asking for visas to visit an illegal seems wrong, no? Sorry.

Please read and follow the Guides on this site. Your case is not complicated. Lots of people overstay their visas and have successfully gotten green cards through their U.S. citizen spouses. Marry, stay put in the U.S., and file for a green card.

Best of luck.

Edited July 20, 2015 by aaron2020

[NovaKay 0]

Hi,

The expiration date on his visitor visa is irrelevant. Once he overstayed his I-94, the visitor visa was automatically revoked as a matter of law. He no longer has a B1/B2 visa.

Overstaying becomes irrelevant when he entered legally and is adjusting status based on marriage to a U.S. citizen.

A lawyer can not do anything to help his parents get visitor visas. The lawyer will gladly take their money.

You are amazing, thank you for your clear and concise advice.

I'm guessing the parents were denied for some other reason...sad for my fiance though.

So he hasn't left the USA since?

No, he has not left.

[Boiler 43,397]

You can apply for a Visitor visa as often as you like, no lawyer needed. Just pay the fee.

Edited July 20, 2015 by Boiler

[NikLR 13,220]

I agree, he needs to NOT leave the USA at all and you guys should marry and AOS asap.

[madtownguy 164]

You found a ####### lawyer, and many people here before giving their opinions should learn a bit about Immigration Law. He does not need a I601 waiver, he does not need to leave the USCIS.He can file for AOS and get the GC inside the USA.He MUST NOT leave the Country before getting the GC. I doubt his parents will get a tourist visa with their son living here without status.

That's not a fair assessment, South Koreans don't have an exceptionally hard time getting tourist visa's. Their economy is linked with ours.

[madtownguy 164]

I did alot of research, but when a lawyer tells you to do something else, I have to ask again, right? Also..kind of devastating that his parents cannot see their first born son get married - especially koreans...believe me I am researching.

They might apply again. If they have a good chance of coming the small amount to file for a tourist visa won't be much to them to lose it again. I know in tough countries sometimes just applying more than once for a tourist visa does the trick, I'm not sure why. I've never known any South Koreans having a hard time coming here, I work for a South Korean company and I've never heard of anyone having problems friends or family. If it is important and the family is some what well off I suggest continuing to try. Your soon to be husband will have an easy time adjusting status, he can't leave the country until that is finished though. Good luck!

[Teddy B 17,251]

This thread is Cuckoo for Cocoa Puffs.

OP, please follow the advice given by Aaron2020 and KayDeeCee, you'll be fine.

Some people should refrain from giving advice when they have no clue what they are talking about.

[arken 4,197]

I did alot of research, but when a lawyer tells you to do something else, I have to ask again, right? Also..kind of devastating that his parents cannot see their first born son get married - especially koreans...believe me I am researching.

It seems like your lawyer need to educate himself on immigration rules.

If one overstays in US, that person cannot apply i485 by employment or by marrying to a permanent resident. If the person marries to a US citizen, he/she can apply for i485.

I entered on a B-2 visitor visa, but I have overstayed my visa for over one year. May I apply for adjustment of status through my employer?

A: No, you may not, unless you are eligible for the protection under 245(i). Please click here for more information about 245(i).

Q: I entered on a B-2 visitor visa, but I have overstayed my visa for over one year. However, I married a legal permanent resident. May I apply for adjustment of status?

A: No, assuming that you are not eligible for the protection under 245(i).

Q: I entered on a B-2 visitor visa, but I have overstayed my visa for over one year. However, I married a U.S. citizen. May I apply for adjustment of status?

A: Yes.

Asother have said, yours is a simple process.

Get married,

May be a month later, file for i130, i485, i131, i765 all at the same time with all relevant documents.

It will definitely be a hard time for the parents of your finacee to get tourist visa as he is the only son and he has been staying in US after entering on tourist visa for these many years without returning back once. Hence the visa counselor might thing the parents might stay too without returning back.