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Posted

My friend from UK traveled here to visit her family on 3 month tourist visa. While she is here, she met a man and fall in love. They want to get married. Her visa will expire in a couple weeks. My questions is is it legal to get married, get the marriage certificate then file an adjustment of status while her visa expires? Is there any way she can extend her visa? 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

Once her authorized stay period is over, she is subject to removal actions.  Is the person she wants to marry a US citizen?  If yes, they can marry and she can file for adjustment of status.  She will be granted authorized stay in the US after submitting a proper I-485. However, she should be aware of the limitations associated with adjustment of status.  She will not be able to work or leave the US for up to about 8 months.  Refer her to this guide:

 

 

 

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Russia
Timeline
Posted

No extension possible as I assume she entered via VWP/ESTA.  Beyond that, @Crazy Cat gave the best advice if that works out for your friend.  If not working or traveling internationally for 8+ months is not an option for your friend, then they can also proceed with consular processing for an eventual spousal visa.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: Citizen (apr) Country: Russia
Timeline
Posted

If she does decide to adjust status via the I130/I485 process, her and her spouse should do everything they can to submit that as soon as possible.  Overstays are forgiven for immediate relatives, but as @Crazy Cat stated, once her authorized stay expries, she is deportable until she receives the I485 acceptance NOA.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
3 minutes ago, Blue Tuna said:

@Dashinka @Crazy Cat You both are so awesome! Will the I-485 package and the I-130 package go in the same envelope when it is sent to the USCIS office or it should be separated? My husband and I filed this 15 years ago and I completely forgot 😂

They are separate and complete packages, but can be sent together.  Don't forget to also send I-131 and I-765 packages as well.  She should follow that guide I linked. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Russia
Timeline
Posted
3 minutes ago, Blue Tuna said:

@Dashinka @Crazy Cat You both are so awesome! Will the I-485 package and the I-130 package go in the same envelope when it is sent to the USCIS office or it should be separated? My husband and I filed this 15 years ago and I completely forgot 😂

It can be, but most will file the I130 online since it is more convenient than filling out and printing the I130 forms.  What can be done is submit the I130 online, then once the receipt NOA is received, that can be copied and sent with the I485 package.  Here is a fairly recent thread outlining it.  If they do want to fill out the I130 separately, then they can be sent together.

 

Good Luck!

 

https://www.uscis.gov/uscis-lockbox-filing-locations-chart-for-certain-family-based-forms

 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
2 minutes ago, Dashinka said:

but most will file the I130 online since it is more convenient than filling out and printing the I130 forms.

Agree.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted (edited)
14 hours ago, Blue Tuna said:

My friend from UK traveled here to visit her family on 3 month tourist visa. While she is here, she met a man and fall in love. They want to get married. Her visa will expire in a couple weeks. My questions is is it legal to get married, get the marriage certificate then file an adjustment of status while her visa expires? Is there any way she can extend her visa? 

Let’s be real- this sounds fishy. Why would “friend” have a visa if she’s from a visa waiver country? I’m British by birth and we do the ESTA unless disqualified for one reason or another. Also, totally don’t buy this story at all sorry. Does “friend” want marriage for extension of X visa via AOS for GC? Tell “friend” to follow the legal K1/CR-1 process thank you ☺️ 

Edited by Vegas i-751
Posted (edited)

@Vegas i-751 it was my wrong way of wording. She can entry the US multiple times in two years. This is her first time and she has 90 days stay but the stay (I called it visa above)  about to be over in couple weeks. Her bf (and soon to be her spouse) doesn’t want her to go back to the UK. Anyway, they are going to get married on Monday and have already hired an Immigration attorney because it might be complicated. You don’t have to believe the story. Thank you for being a (removed) though

Edited by Chancy
removed attempt to bypass language filter
Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Blue Tuna, please refer to the Terms of Service, to which you very recently agreed to adhere.  One provision says not to "Attempt to bypass the Forums language filter through the use of alternative characters to spell profanities or through the posting of images containing profanity."  Your post has been edited to remove the alternative word that you attempted to spell.  Please comply with the ToS in the future.

 

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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