Jump to content
T&John

How long do you have to file after you marry on a tourist visa?

18 posts in this topic

Recommended Posts

My now husband and I decided to get married before he was supposed to leave on his last visit here to the US.  He is from the UK.  We had been together for 5 1/2 years and just didn't want to wait any longer.  He came in on a tourist visa.  We found out before he left that he could stay while we filed the paperwork but I haven't found anywhere online how long we have to file that paperwork.  Does anyone know the answer to this?  We are still trying to get everything together and save up the money for the fees, but I don't want to wait too long if there is a deadline.

 

TIA for any help.

Share this post


Link to post
Share on other sites

I am sorry but I don't think he can stay while filling, as USCIS would see it as visa fraud since you two know each other for over five years, therefore it was a clear intent of using a tourist visa to come to stay.

 

It seem he will have to go back to the UK and file for a CR-1.

Share this post


Link to post
Share on other sites
2 minutes ago, JB209 said:

I am sorry but I don't think he can stay while filling, as USCIS would see it as visa fraud since you two know each other for over five years, therefore it was a clear intent of using a tourist visa to come to stay.

 

It seem he will have to go back to the UK and file for a CR-1.

Maybe I wasn't clear, it wasn't our intent for him to stay, but we decided to get married 2 weeks before he was to return to the UK.  It was only after we were married and looking into what we needed to do to file that we found out he could stay while we filed the paperwork.  But we haven't been able to find out how long you have to do that.

Share this post


Link to post
Share on other sites
Posted (edited)
14 minutes ago, T&John said:

My now husband and I decided to get married before he was supposed to leave on his last visit here to the US.  He is from the UK.  We had been together for 5 1/2 years and just didn't want to wait any longer.  He came in on a tourist visa.  We found out before he left that he could stay while we filed the paperwork but I haven't found anywhere online how long we have to file that paperwork.  Does anyone know the answer to this?  We are still trying to get everything together and save up the money for the fees, but I don't want to wait too long if there is a deadline.

 

TIA for any help.

Yes you will be looked at for VISA fraud, getting married on a B2 visa while in the US less than 90 days looks planned and you will most likely have to explain so be prepared. If he was here in the USA and you both married here after 90 days I believe I read you will be ok, good luck

Edited by LarryHickman

Share this post


Link to post
Share on other sites
2 minutes ago, mushroomspore said:

Best to file before his I-94 expires. It's okay if you file a tad after but be aware that any out-of-status time makes him technically deportable. Unlikely to happen and overstay is forgiven for immediate relatives of US citizens but still, file ASAP. His intent when he crossed the border is a non-issue. I just finished the process after entering as a B2 visitor and my intent never came up. Since he (and I) were originally planning to leave but our circumstances changed while in the US, he is fine to stay and adjust status.

 

Nope not true. He was admitted by CBP and it is clear the marriage was spontaneous. This is not visa fraud and USCIS will simply interview to determine they are a genuine couple, not question the husband's intentions. His intentions were genuine and originally in line with his tourist visa regulations.

Also not true.

Thank you!  So it appears there isn't any hard deadline, we just need to do it as soon as possible.

Share this post


Link to post
Share on other sites
Just now, T&John said:

Thank you!  So it appears there isn't any hard deadline, we just need to do it as soon as possible.

Yup. You can find his I-94 online with his passport info. Sorry I don't have the exact link but Google "CBP I-94", enter his info and that will tell you when his I-94 expires.

Share this post


Link to post
Share on other sites

As long as his intent was not to come here marry and stay, youre good. File for AOS as soon as you can, preferably before his I-94 expires.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

 

Share this post


Link to post
Share on other sites

~~Moved to AOS from Work, Student and Tourist Visa, from Tourist Visas~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

 

6 hours ago, mushroomspore said:

Btw this does not directly apply to you, OP, but I learned about this during the process and it is simply interesting and good to know. Intent alone is not grounds for denial, even for cases in which the USCIS officer suspects improper intent. In fraud investigations, they need to build a case that may include intent as one factor out of many. However if a couple is genuine and bonafide but the USCIS officer suspects the intending immigrant may have had preconceived intent to enter on a non-immigrant visa and then remain in the US to adjust status, that's not enough to outright deny them. Knowledge is power.

That's not a risk I would be willing to take.

Share this post


Link to post
Share on other sites
7 hours ago, JB209 said:

I am sorry but I don't think he can stay while filling, as USCIS would see it as visa fraud since you two know each other for over five years, therefore it was a clear intent of using a tourist visa to come to stay.

 

It seem he will have to go back to the UK and file for a CR-1.

100% wrong

7 hours ago, LarryHickman said:

Yes you will be looked at for VISA fraud, getting married on a B2 visa while in the US less than 90 days looks planned and you will most likely have to explain so be prepared. If he was here in the USA and you both married here after 90 days I believe I read you will be ok, good luck

100% wrong

Share this post


Link to post
Share on other sites
8 hours ago, JB209 said:

I am sorry but I don't think he can stay while filling, as USCIS would see it as visa fraud since you two know each other for over five years, therefore it was a clear intent of using a tourist visa to come to stay.

 

It seem he will have to go back to the UK and file for a CR-1.

Yes, the person can stay during filing and no, it is not visa fraud.

 

8 hours ago, LarryHickman said:

Yes you will be looked at for VISA fraud, getting married on a B2 visa while in the US less than 90 days looks planned and you will most likely have to explain so be prepared. If he was here in the USA and you both married here after 90 days I believe I read you will be ok, good luck

This is not true. Where did you find your information from to say that it is considered Visa Fraud??


IR-1/CR-1

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   event.png

 

FILED REMOVAL OF CONDITIONS: 25-JUN-2018

Share this post


Link to post
Share on other sites

***Post violating the TOS (abusive language) removed along with posts quoting; Administrative Action taken.***


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×