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T&John

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

By T&John in Adjustment of Status from Work, Student, & Tourist Visas

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Boiler Grand Master

Boiler   43,396

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
11 hours 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.

You should file before he is out of status, presumably he entered on the VWP good for 90 days and not a Visa.

 

PS Posting incorrect information may be annoying but is not against the ToS.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
12 hours ago, mushroomspore said:

It's okay if you file a tad after but be aware that any out-of-status time makes him technically deportable.

As a side note, it also makes them permanently ineligible to obtain or use an ESTA (relevant only in the event they don't get approved for the green card, break up before approval, decide to live outside the US instead, or abandon the green card later).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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AshMarty Rising Star

AshMarty   359

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted (edited)

I would apply for Adjustment of Status ASAP if he plans on staying in the country. It is a long wait for many to get EAD/AP card, so your spouse can work and travel outside of the country. 

 

Side note: Now that his intent is to be a resident of which ever state you live in, you will have to look into DMV laws on residency in that state and he will have to get an in state license (visiting and residency laws for international drivers are different). https://www.dmv.org/ky-kentucky/apply-license.php. It looks like he has 30 days to switch over his license to Kentucky. 

Edited by AshMarty

01/31/17.... K1 Visa Approved

02/03/17.... K1 Visa Received in Hand

06/05/17....Arrived in the USA (LAX)

06/24/17....Married on Cape Cod <3

 

07/10/17....Sent AOS package (I-485, I-131, I-765)

07/17/17.... AOS notice date for NOA1 (I-485, I-131, I-765)

07/21/17.... Received mailed hardcopies of NOA1s

07/29/17.... Biometrics Notice received in mail 

08/01/17.... Biometrics Appointment AOS - complete (walked in)

08/07/17.... Biometrics Appointment EAD - complete (walked in)

10/23/17.... EAD/AP card delivered to house YAY!

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