AOS- marriage in USA

[Yassy_07 0]

Hello, I traveled to USA as a tourist, I am from Germany, I have a B1/B2 Visa and can stay 180 days. My boyfriend made me a proposal to merry him now, so now we would like to stay together and merry here in USA and that I stay here with him. He is american citizen and he has a good job and earns enough money for now for both of us, I cant work. We contacted a lawyer and he said we should not merry now, we should merry after 90 days I entered the country and then merry and then submit our file. Does anyone have experience with this process and can give us few tips or any recommendations ? I appreciate your help and thank you!

[payxibka 10,044]

6 minutes ago, Yassy_07 said:

Hello, I traveled to USA as a tourist, I am from Germany, I have a B1/B2 Visa and can stay 180 days. My boyfriend made me a proposal to merry him now, so now we would like to stay together and merry here in USA and that I stay here with him. He is american citizen and he has a good job and earns enough money for now for both of us, I cant work. We contacted a lawyer and he said we should not merry now, we should merry after 90 days I entered the country and then merry and then submit our file. Does anyone have experience with this process and can give us few tips or any recommendations ? I appreciate your help and thank you!

You need to look around the  site.  Many active threads. 

 

https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

[Boiler 43,401]

How long have you been here?

[Yassy_07 0]

I am here now more then 2 months

[geowrian 22,335]

Ah, the myth of the 90 day rule strikes again.

Your AOS will be adjudicated based on the case you present showing a bona fide marriage and if there are any inadmissibilities, not based on when you marry or file.

Edited November 27, 2019 by geowrian

[Yassy_07 0]

4 hours ago, geowrian said:

Ah, the myth of the 90 day rule strikes again.

Your AOS will be adjudicated based on the case you present showing a bona fide marriage and if there are any inadmissibilities, not based on when you marry or file.

Hi geowrian, thank you I understand.

Do you have experience or did you do this process of filing ?

I came here as a tourist visa and now we want to merry and I stay. I know normally I had to go back and file K1 visa from Germany, but what

if we decide to merry here and I stay here? Its a real marriage and we cant manage the distance. Does anyone have experience and did this process before ? How are the chances? Can they really deport me back ? What can we do to  make sure I can stay ?

[payxibka 10,044]

2 minutes ago, Yassy_07 said:

Hi geowrian, thank you I understand.

Do you have experience or did you do this process of filing ?

I came here as a tourist visa and now we want to merry and I stay. I know normally I had to go back and file K1 visa from Germany, but what

if we decide to merry here and I stay here? Its a real marriage and we cant manage the distance. Does anyone have experience and did this process before ? How are the chances? Can they really deport me back ? What can we do to  make sure I can stay ?

Hundreds of people on this site have done so successfully 

[Boiler 43,401]

K1 is realtively unusual far more marry and adjust.

[geowrian 22,335]

Just now, Yassy_07 said:

Hi geowrian, thank you I understand.

Do you have experience or did you do this process of filing ?

I came here as a tourist visa and now we want to merry and I stay. I know normally I had to go back and file K1 visa from Germany, but what

if we decide to merry here and I stay here? Its a real marriage and we cant manage the distance. Does anyone have experience and did this process before ? How are the chances? Can they really deport me back ? What can we do to  make sure I can stay ?

If you are already in the US, then intent alone is not a reason for denial of an I-485. Essentially, intent was determined at POE so it's no longer something to worry about. This was determined in various BIA rulings, mainly Matter of Cavazos and Matter of Battista.

Yes, they can deport you if they determine you are inadmissible. But if you have a valid marriage and no inadmissabilities (or none that can be waived), then there is not a reason to deny the I-485. As noted, your case will be adjudicated based on its merits, not preconceived intent.

I do not have personal experience with this (my wife did a K-1), but the topic is very widely discussed on this website with people doing it fine all the time (several cases a week at least).

[Yassy_07 0]

1 minute ago, payxibka said:

Hundreds of people on this site have done so successfully 

really? the came as tourist and merry here and stayed and got greencard? I another forum which was for germans the recommend to go back to germany and not stay AOS, thats why I am a bit scared and want to make everything perfect. I want to be sure. Thank you, I hope so

[Yassy_07 0]

Yes I am already in the US and we live togehter and my partner doesnt want me go back, and we wants to have a baby, so there is no decision for me to go back. I m just worried about doing everything well. Thank you so much for your response it really helps, thank you.

I also have the question, if my file is pending, so maybe they get me before my file ends a work permit that I can work in that time and also the permission to travel to see family and come back while my file is pending, right ???thank you so much

[Boiler 43,401]

Once you file then you can assume work authorization and travel permission in 6 months or so.

[SalishSea 16,748]

4 hours ago, Yassy_07 said:

I also have the question, if my file is pending, so maybe they get me before my file ends a work permit that I can work in that time and also the permission to travel to see family and come back while my file is pending, right ???

Nope.  You will have to wait 5.5-7.5 months for permission to work and to travel back to the US if you leave.

[JFH 12,189]

You need to think long and hard about what you want. I’m reading a lot of what your boyfriend wants - baby, marriage, etc - but he’s not the one who has to leave everything behind. If you marry and adjust now you cannot work for many months and you cannot leave the country for many months either. Since you came with no intention to stay, I am assuming you gave belongings still in Germany, a tenancy for your apartment that you need to terminate, a car parked at the airport waiting for you, a job to quit, pets (maybe), and so on. You cannot even go back to resolve those matters until you have your travel permit, which takes many, many months.

 

Alternatively you can marry now, start the process for the CR-1 visa, go back to Germany whilst that is being processed, see your family members, pack up your belongings, empty your apartment, sell your car, etc and then come back with your immigrant visa and have a green card immediately. This allows you to work from day one.

[SalishSea 16,748]

2 minutes ago, JFH said:

Since you came with no intention to stay, I am assuming you gave belongings still in Germany, a tenancy for your apartment that you need to terminate, a car parked at the airport waiting for you, a job to quit, pets (maybe), and so on.

It is crazy how so many people do not seem to have such responsibilities or ties to home when they go on vacation to the US.