Extension of tourist stay after Filing i-130/i-485

[Demise 1,129]

3 hours ago, ecy_go said:

Hello, I am new here. I am currently on a tourist visa until Sep 2022.

I got engaged with my Boyfriend of 3 years last April and we plan to get married this May 2022. I have few questions below, hope you could give light to it.

 

- Is it true that we could not get married within 90 days from the date i have arrived here (90 day rule, i heard) or it only apply that i could not file AOS within 90days but we could marry soon?

 

- Do i need to file for extension of tourist visa after filing i-130 and i-485 AOS? will they approve if they know we have filed i-130 and i-485?

 

-Can i do concurrently filing of i-130 and i-485 ? 

 

Thank you, Hope you could all help me.

1. 90 day rule is DOS, USCIS doesn't abide by it, so no.

2. No, once you file I-485 you remain in a period of authorized stay and no longer have to maintain your non-immigrant status. You remain in US legally by the virtue of having a pending I-485.

3. Yes.

3 hours ago, ecy_go said:

Thank you Dashinka for your quick reply

oh i read about the 90-day rule in other websites.. nevermind 

 

Also,i am kinda worried because when i arrived here, the immigration asked me who am i gonna visit here? i mentioned that i have my family coz i have relatives here like my aunt cousins but i did not mention that i have a bf do you think they will take it against me for not telling them? And in all honestly, we do not have plan to get married im surprised he just proposed to me last April.

Won't be an issue, coming to US on a tourist visa with the intent to adjust status can constitute fraud, but what happened in your case - you came to visit, had no plans to get married, had no plans to adjust, got proposed to, and decided to go ahead and do it, is perfectly fine.

[Rocio0010 5,572]

15 minutes ago, Holly&Andreas said:

Anyway, long story short, if you'd been honest about your intentions when entering, they may have denied you entry

That’s my fear too. If OP had disclosed the fact that they had a SO that they were visiting, the outcome might have been different. Or it might not. I think it’s one of those cases where it definitely depends on the officer on the one hand, and the OP’s profile on the other. I doubt that they will connect the dots later on though.

[Adventine 3,187]

1 hour ago, ecy_go said:

Thank you for your insights, i have anxiety problems that is why i didnt tell the officer fully as i dont want to be scrutinized or questioned further like i read before that they get into furthere questionning if they will visit their boyfriend so i just tell him about my relatives and did not disclose about my bf, my mistake. 

What you think is better choice for me citing that i didnt fully inform the officer bout my bf here.

 

Thank you so much

 

 

You're in the US already and others have already explained that intent was determined at the border.

 

The choice is now up to you.

 

Option A: Marry and adjust status. You have to be financially and mentally prepared to not work and possibly have issues with getting a driver's license and not being able to freely enter/exit the US until you get your work/travel permits. This is taking around 8 months according to VJ timelines. If there is an emergency in the Philippines and your travel permit hasn't been granted yet, you cannot simply fly back and return to the US on your tourist visa.

 

Option B: marry, go home at the end of your authorized stay, and process the spousal visa in the Philippines. You can use your tourist visa to keep visiting your husband. This allows you to wrap things up properly in the Philippines and say goodbye to your loved ones.

[Holly&Andreas 38]

29 minutes ago, ecy_go said:

aww so he just applied for K1 VISA? 

thank you on your reply 

No, we didn't file anything because at that time immigration was not our intention. I went to his country and we got married after a 3 year engagement. Now we're going on 3 years of marriage and I moved back to the US in October last year and just filed the I-130 in April. 

[ecy_go 0]

44 minutes ago, Adventine said:

 

You're in the US already and others have already explained that intent was determined at the border.

 

The choice is now up to you.

 

Option A: Marry and adjust status. You have to be financially and mentally prepared to not work and possibly have issues with getting a driver's license and not being able to freely enter/exit the US until you get your work/travel permits. This is taking around 8 months according to VJ timelines. If there is an emergency in the Philippines and your travel permit hasn't been granted yet, you cannot simply fly back and return to the US on your tourist visa.

 

Option B: marry, go home at the end of your authorized stay, and process the spousal visa in the Philippines. You can use your tourist visa to keep visiting your husband. This allows you to wrap things up properly in the Philippines and say goodbye to your loved ones.

Thank you so much for your insights. appreciate everything

45 minutes ago, Rocio0010 said:

That’s my fear too. If OP had disclosed the fact that they had a SO that they were visiting, the outcome might have been different. Or it might not. I think it’s one of those cases where it definitely depends on the officer on the one hand, and the OP’s profile on the other. I doubt that they will connect the dots later on though.

Thank you soo much for all your help

24 minutes ago, Holly&Andreas said:

No, we didn't file anything because at that time immigration was not our intention. I went to his country and we got married after a 3 year engagement. Now we're going on 3 years of marriage and I moved back to the US in October last year and just filed the I-130 in April. 

oh wow! good luck!

[randy32 165]

58 minutes ago, Holly&Andreas said:

Years ago before I got married, my then fiance (now husband) tried to obtain a tourism visa to come spend Christmas with me. We did not (at that time) have intentions for immigration and had not filed a K-1 since our plan was that I would go to his country for a few years. At the visa interview they asked him why he was visiting, and for how long. He told them he was visiting his fiancee for Christmas. They denied his visa and told him to file a K-1 instead, and said he was unable to show sufficient ties to his home country. At the time, I was crushed. I didn't realize they were concerned he'd adjust status and marry here since I didn't even know that was a thing you can do. 

 

Anyway, long story short, if you'd been honest about your intentions when entering, they may have denied you entry. I hope this doesn't come back to haunt you at a later date. Good luck and I hope things work out.

One can be denied at a visa interview, border crossing or at the airport but that did not happen to OP.

 

OP was asked some questions in what I think was CBP agent making conversation and watching her body language.

In most cases nothing additional or special is entered in the record for the visitor. She was not limited in anyway.

 

Regardless, she is here, her situation has changed.

I say get married and adjust or return and wait (I would not recommend but your call to make)

From what OP has said so far, I would call this a DIY case. No lawyers needed.

[STO Overland 137]

3 hours ago, randy32 said:

OP was asked some questions in what I think was CBP agent making conversation and watching her body language.

 

Slightly different but the same...

 

When my wife and I were expats working out of Mumbai, we would save our vacations to come to the US where we owned a house right on a beautiful lake where we would spend 5-6 weeks every summer recuperating for another 11 months back in Mumbai. On our first trip we arrived at Detroit POE and handed over 3 US passports (mam and 2 kids) and my British passport. The officer looked at me, then at my wife carrying two small kids and then back to me...

 

- "why are you here?" : Vacation

-"where did you fly in from?" : India

- "do you intend to go back:" : haha, if they make us we will but hopefully they'll forget and we can stay  - of course, I was just trying to be friendly after a 2am flight from Mumbai to Frankfurt, then Frankfurt on to Detroit with a cranky family

- He laughed and smiled as he asked "so you own property here?" - oh yeah! right on the lake. We just bought it and hope to come as often as we can. (what a nice guy this is...)

- He smiled even more "so you must love to be able stay here" as he motioned for one of his colleagues to escort us back to secondary. 

 

One hour, and two grumpy kids and a wife later, I had learned why not to offer more information than was asked....

 

The UK is similar; when my wife was working there, we flew in from Amsterdam to this small airport in the north of Scotland. The officer looked at my wife's working visa 

 

- "how are you enjoying your job?" - great!

- Looks at her visa "wow, you've been here 3 years, you lucky girl. How's work? Still doing the same job all this time, it must get boring by now?" (Visa is tied to job title) - oh yes still the same job!

- "3 years doing the same job!? Surely they must have given you a pay raise by now" (Visa is also tied to a pay range, get a raise higher than the allowed percentage, must apply for a new visa)

 

anyway...same but different

[Family 3,549]

Question to OP, did you mean the” Immigration Officer “ at the POE ( port of entry ) or the Immigration Officer at the Consular Interview during your visitor visa application asked the questions ? 

[P055UM 259]

16 hours ago, Adventine said:

Option A: Marry and adjust status. You have to be financially and mentally prepared to not work and possibly have issues with getting a driver's license and not being able to freely enter/exit the US until you get your work/travel permits. This is taking around 8 months according to VJ timelines. If there is an emergency in the Philippines and your travel permit hasn't been granted yet, you cannot simply fly back and return to the US on your tourist visa.

With a real risk of increasing, too. Since the EAD/AP decoupling in February it seems like EADs are speeding up, and APs are slowing down. A pretty regular post on the AoS forums right now is along the lines of "EAD finally showed up, anybody have any idea where the AP is??".

[cappuccino 5]

On 5/3/2022 at 1:28 PM, ecy_go said:

- Do i need to file for extension of tourist visa after filing i-130 and i-485 AOS? will they approve if they know we have filed i-130 and i-485?

why pay extra money for extension if you are planning for AOS? just get married, and sent your AOS concurrently before your I94 expired, therefore you won't be out of status (if this is what you fear of).

 

I also doing my AOS from B2 visa since last October 2021. I was just planning to stay for 3 months visiting my bf when my country close it border due to delta got very bad last year. So we decided to get married not even know about the 90 days things (it's just something people said that USCIS will consider its a visa fraud if its too soon from entry?) we got married 14 weeks after i arrived and 2 months after marriage i sent my AOS. I will do my interview next week. I did everything myself without lawyer help.

 

If your marriage is genuine, if you didn't plan to do visa fraud it's all just change during your visit, i think its fine to do adjustment of status, and you don't need to worry about it.