AOS From Tourist VISA After Marrying An American.

[Haltech007 10]

My gf and I want to get married, and she is here in USA on a tourist VISA and currently living with me. Has anyone else done this, and if so how difficult was the process?

[Crazy Cat 44,598]

There are scores of people in this very forum who have done it.  Just be aware of the work and travel restrictions associated with adjustment of status.  

 

Follow this guide:

 

 

[Dashinka 25,898]

No more difficult than any other immigration related process.  I agree with @Crazy Cat, this is very common.

 

Good Luck!

Edited Tuesday at 01:26 PM by Dashinka

[wildbug100420 283]

3 hours ago, Haltech007 said:

My gf and I want to get married, and she is here in USA on a tourist VISA and currently living with me. Has anyone else done this, and if so how difficult was the process?

How many times have you met in person? What was the purpose of the visit? If the intent was to marry and adjust status before US entry, it's considered fraud. 

[appleblossom 4,493]

3 hours ago, Haltech007 said:

My gf and I want to get married, and she is here in USA on a tourist VISA and currently living with me. Has anyone else done this, and if so how difficult was the process?

 

Do you just want to marry, or do you want to marry and then have her stay? Is she definitely on a B visa (or an ESTA)?

 

Also, you mentioned being married in 2023, so when did you divorce and did you petition that spouse for a visa?

[S2N 342]

Something to be aware of that has popped up elsewhere is that there are reports on other immigration forums from immigration lawyers that some field offices are referring adjustment of status cases from B-1/B-2 to immigration judges for adjudication rather than adjudicating the I-485 themselves. Recent trend so not much data, but something to be aware of. It wouldn’t impact the end result, but would make things more expensive.

[mam521 2,570]

16 minutes ago, S2N said:

Something to be aware of that has popped up elsewhere is that there are reports on other immigration forums from immigration lawyers that some field offices are referring adjustment of status cases from B-1/B-2 to immigration judges for adjudication rather than adjudicating the I-485 themselves. Recent trend so not much data, but something to be aware of. It wouldn’t impact the end result, but would make things more expensive.

Ugh...I can't imagine how much time that would add to a case, too, considering how backed up the immi judges are! 

[S2N 342]

11 minutes ago, mam521 said:

Ugh...I can't imagine how much time that would add to a case, too, considering how backed up the immi judges are! 

I can’t find the thread right now because r/USCIS is basically 90% AOS from overstay so search is tough since all the threads have the same keywords, but a few lawyers there were mentioning they’re starting to see it with their clients.  They didn’t think it would change the outcome, but just a way to make the process more cumbersome.
 

That sub tends to give fairly accurate anecdotes of what’s trickling through USCIS before you start seeing it in the data dumps. I’m sure if it becomes a bigger issue we’ll see more of it here, but also figured it was worth mentioning as a possibility to someone who hasn’t filed yet, while acknowledging it’s a new trend and no one really knows what the new administrations plans are long-term.

[WeekendPizzaiolo 127]

11 hours ago, Haltech007 said:

My gf and I want to get married, and she is here in USA on a tourist VISA and currently living with me. Has anyone else done this, and if so how difficult was the process?

As long as her original intent upon entry into the US was just tourism, she can file AOS while living with you in the US. Otherwise, she will need to leave the US after marriage to you and you both would file for a CR1 visa through a consulate abroad. Then, if successful, she would be able to enter the US as a permanent resident. This process generally takes much longer than adjusting from the US.

 

If she adjusts from US, she will not be able to visit family overseas until she receives her AP or green card. Florida does not allow the AOS receipt notice to be used to get a license or state ID (see here) - only AP, EAD, or GC. Her tourist visa would be invalidated.

 

Immigration paperwork should be typo-free. Re-read and re-check over everything multiple times (on multiple days if possible)! Even minor errors can lead to denial. USCIS rarely refunds fees.