Mark Robert

And so to follow up: Is it the date that the I-485 is certified mailed (concurrently with the I-130) that tells the USCIS whether the VWP has been overstayed? If so, I think I might be able to make that -- and will if I can! Because we may find ourselves living in Germany some day and I don't want to cause trouble for her coming back here.

But if it's the date that the I-485 is received/processed/whatever, I don't see how in the world I could make that, given that I've got 5 days! And then maybe we should consider K-1/K-3 instead.

Then again, having to get a tourist visa rather than VWP....maybe that's not such a big deal after all?

Edit: AND, you guys are awesome, thanks!

Thanks a lot! Your answer is very clear, and it IS good incentive to get all the paperwork in quickly. One more question: Once we get to the end of the process and she has permanent residence, would there remain some type of negative mark on her record for having once overstayed her VWP 90 day limit by a week or two?

There may be a chance to get it all in before her Visa ends, but I need to balance that with taking enough time to be sure to do it all correctly.

Thanks for the answer. If I follow it correctly, it IS important to get the I-130 in the mail ASAP after the marriage, right? Simply getting married is not enough to prevent deportation or put us in a relaxed state with the paperwork.

My guess is there's no USCIS documented window, correct? For example, the USCIS doesn't say it's okay if you file the I-130 within 30/60/90/whatever days of the marriage.

But the facts on the ground are that, if I can get in the paperwork within a reasonable time after the date on her passport (2 weeks?), that we stand about zero chance of problems? Like, tiny risk, but negligible?

Hello, and thanks in advance.

My German girlfriend's tourist visa will expire in one week and we want to marry quickly and have her stay (my cold feet thawed). No issue of visa fraud, we did not plan this when she came. I am taking a crash course in the forms (I-130, I-485, etc., etc.) to be filed concurrently, but doubt we'll have it all postmarked before the visa expires.

Is this a problem?

If we want to do everything legal, is the important point that we get everything in the mail, certified with date, *before* the date stamped on her passport? (BTW we have no copy of an I-94, didn't receive one when she legally entered as a tourist almost 3 months ago, but she does have a date stamp).

What risk do we incur if we don't get all this paperwork in for a couple weeks after her tourist visa expires? In that instance, she'd be married to a U.S. citizen, but her visa would have expired. I have read two opposite views on this in this forum, one that it is "no problem,"; the other that she risks deportation. Big difference! Anybody super clear on this? Please help!

This is very close to my question, which I've been having trouble resolving. My German girlfriend entered legally on a tourist visa, and we've just decided to get hitched. Her visa expires in 2 weeks.

Is it the case that, as long as we get married before her tourist visa expires, then there are no negative consequences? I.e., we have some time to file all the paperwork?

I'm planning on filing I-130, I-485, etc., concurrently, but don't know if it'll all be ready and perfect within two weeks. And even if it were, what's the important date? When it's postmarked? When it's received?

Thank you thank you!