InquiringMinds

Hello people,

Thank you in advance for your responses. I came to America in June 2016 on my tourist visa which expired after 6 months in Dec 2016, I married my husband in November 2016 but we did not file concurrent AOS until April 2017, the forms  were initially rejected due to them being expired so once we sent everything back it was May 2017 and they were received with no problems.

I have since been granted my combo card and would really like to travel back home for maybe two weeks to help assist with my dad. I am very nervous as I did overstay I think a little over 130 days seeing that my i94 expired in dec 2016 and I didn't file and have my forms received until May 2017.

Kindly advise if this is a good idea, I haven't been home in about a year and my brother has been taking care of my father and could really use some relief. What can I possibly be faced with when it's time to return to the US to my husband. I hope to buy a one way ticket and then buy another one way ticket when I am returning, will this be another issue? Thank you so much for your assistance.  

1) Not an issue

2) Not an issue

3) Not an issue (good idea to give an explanation)

4) Could you get some utility bills in your name? Are you on his insurance? Work on co-mingling while waiting for the AOS interview - you'll be fine.

5) Yes, you will be out of status. However, that will not be a problem. It is pardoned for spouses of USC's filing for AOS.

Good luck!

(friendly tip: google the meaning of "eye opener")

Omg I can breathe again... thank you my friend. We should be able to get some utility bills modified to add my name. Hopefully that works. LOL google defines eye opener as an event or situation that proves to be unexpectedly enlightening... *hangs head in shame* I meant red flag.

I have posted on here previously and have gotten great assistance and am hoping for the same seeing that my husband and I are finally now ready to file.

This will be lengthy as it contains as much details as possible...

A little about our history, my sister and brother in law live in Las Vegas, when I first visited them my brother in law introduced me to his friend who he thought was a good fit for me. We hit it off immediately and have had a great relationship thus far despite the distance. He lives in California but he was born in and his parents live in Las Vegas so he drives and spends time there very often so whenever I'd visit my family here which would be for months at a time never overstaying of course, he would drive down and we would drive back to California together.

The first time I visited, I stayed for three months and we spent almost every weekend together, that has been almost two years ago and I have continued to travel on my tourist visa(valid for 6 months) for months at a time to Las Vegas where he would drive and come and get me and I'd stay with him in California. It is cheaper to fly to Las Vegas and then drive to California.

I travelled to Las Vegas almost 6 months ago and and my visa will expire the last week in December. In November we spent a few days in Vegas visiting his parents and he proposed. We wanted to get married and file concurrently immediately but a hurricane back home destroyed everything and we sent a large chunk of money back home to my parents and it completely put a halt on everything. We have since had a beautiful small ceremony at a local wedding chapel.

My husband was able to get an advance from work so we will be filing the forms within the next two weeks possibly by the 20th of December and my visa will expire a week later, I know this sounds suspicious but this was not how we intended it to play out.

Concerns-

1. My husband is deaf, so is my sister and brother in law and I have been fluent in American Sign Language since I was a child and have been heavily invested in the deaf community and deaf culture for longer than I can remember. Will this be an eye opener for immigration? I don't see how as there is no communication barrier between us at all.

2. In regards to the medical exam, we will be in Las Vegas for a week visiting his parents and have called medical offices in California for prices but found a medical office in Vegas that does the same service cheaper, we figure we can kill two birds with one stone and do the medical in Vegas. Will this be an eye opener for immigration seeing my husband lives in California?

3. We intend on using my passport stamps and travel itineraries as bonafide evidence but they all show my arrival in Las Vegas as opposed to California as it is cheaper for me to fly there and drive to California? Will this be an eye opener? Should I make a note of this on the itinerary copies?

4. We have tons of photos together, we were able to get my name added to his bank account as a joint account with my passport. We tried to get my name added to his lease but seeing that his lease expires soon the leasing office said it made no sense. We intend on getting an apartment with both of our names after his lease expires. Will that be an issue?

5. If I file literally a week before my tourist visa expires will this be an issue for immigration, will I be out of status if I don't receive notification of receipt before my visa expires? Our marriage is based on genuine love so I am not worried about that but based on the evidence that I do have, which is a joint bank account, countless photos, several travel itineraries to Las Vegas and we will try to get my name added on a few of utility bills. Will this suffice? What else can we get that is doable seeing that we are newly married and I am a tourist.

I'm sorry for this lengthy post but of course we want to cross all of our T's and dot all of our I's seeing that we are doing everything on our own.

Any and all help will be appreciated. Thank you!

She was not working illegally. The money she earned was money from the Bahamian economy not the American economy so there is no issue there.

Also, she clearly stated that her intent was to visit her boyfriend. She didn't come here TO work, she is just able to work online as she visits her boyfriend there is a difference between her coming here with the intent to work, and with the intent to visit a loved one.

My best friend has visited me two times in the last few months and brought piles of work with her both times (and I mean folders upon folders of paperwork) just because a huge deal of her work is submitted online. So she was able to catch up on some work when we weren't out having a good time.

If working for a company of your own home, while your feet are on American soil is illegal then I don't even know how many tourists would be breaking the law every time they accidentally answered a work email while on vacation with their family.

This is what I thought. I knew there was absolutely no way that could be illegal. I bring my computer with me all the time and I have never been questioned about my intent. I have even told the immigration officer that I will be using it for work. Thank you for your response gyal ?

Good. AOS ASAP (before your B1 expires). I know money is tight and your new intentions for the money are very admirable and 100% what I would expect. I wish the besqt for your and your family.

As an aside: I was living in New Providence (Rose Lane in Rosedale to be exact) in 1999 when hurricane Floyd hit. The "little" damage it did was disastrous and I know that at least 1 person died. If I were you I would be torn between wanting to return and wanting to stay in the US so I could be in a position to actually help.

Wow, I remember Floyd. We have since had numerous hurricanes but they mostly destroy the outer islands and NP has become a tad accustomed to the hurricanes missing them which is why this latest one completely caught them off guard. Complete devestation and there are still lotssssss of people without power and water and will be a while before complete restoration.

I have tried to go home immediately after the hurricane but my fiancé and parents heavily disagree and want me to stay as it's as there is not much that I can do besides suffer with the rest of them. The best thing I could've done in their opinion was try to assist financially which is what I did without second thought. We will have to get pass this bump in the road, I have two months left so I will try my best to figure something out. Question, if I am to file right before I am supposed to leave will that be considered suspicious to immigration or is it a non factor? Thank you!

Please know that you cannot stay in the country beyond the expiration of your tourist visa but before filing for AOS. This is illegal. If you do not have the money to file, you must leave. That is the law (my opinion on the law is irrelevant). However you expressly stated that you will not have the money to file, so no, the above "answer" is actually NOT what you are looking for.

Yes, your previous answer was noted and I made modifications to my response. I am clearer on what I will need to do moving forward. Thank you!

OP correct me if I am wrong, but I don't think this is what was being asked. I believe the OP was asking if she could stay here past the expiration of her tourist visa AND before applying for the AOS. The answer to that is a flat out NO. She cannot stay in the country awaiting money to AOS. That is 100% illegal and intent does not factor into its illegality.

This is correct and understood. Thank you!

First let me apologize for some of the what I consider "rude" and not useful comments. Also, Congratulations on your engagement and I'm truly sorry Hurricane Matthew effected your family.

You came on a tourist visa and you did NOT have the intent to marry.(In this case) You can get married now and adjust your status from tourist to permanent resident.

YES, you will technically be "out of status" after your tourist visa expires but your allowed to stay while your Adjustment of Status is being processed.

You will not be deported, just keep a copy of your marriage license and AOS (Adjustment Of Status) confirmation letter on you (just in case).

Feel free to message me anytime.

It is best to file ASAP but overstay will not be a bar to your adjusting status successfully. Illegal work, if it even happened, is also irrelevant.

After your stay expires and before you file it is true that you would out of status and deportable, in theory. If you got apprehended somehow, they would just order you to AOS since you are married to a USC. I am sorry about your parents' home. File ASAP. Best of luck.

Thank you so much!!!! if I am not able to pay for both forms and just the i130 before my tourist visa expires, am I allowed to legally stay here until the filing process is complete?

Unfortunately working in the USA (even remotely from the spare bedroom for a company located overseas) is not permitted on a tourist visa. Did you bring your laptop and other work supplies with you? If you did, you were lucky they didn't check your luggage upon arrival. People have been denied entry for having copies of resumes and professional qualification certificates in their luggage when coming on tourist visas. I once had my bags checked and they questioned an outfit that I had brought with me that the officer felt was 'the type of clothing one would normally wear for a job interview or to work in an office and not the type of clothing one would normally wear as a tourist'. I explained that I was attending a formal function with my then-boyfriend's (now-husband's) family and that's what I needed the outfit for. I had a copy of the invitation to the event with me, fortunately.

That's insane and I honestly did not know that. I did bring my laptop with me and the Immigration officer said to me "you travel a lot" to which I replied "I work from my laptop". He said nothing about the above and granted me my normal six month tourist visa. Thank you so much for this information.

You do realise you just admitted to working illegally in the US?

I absolutely did not admit to that, I said I work from my computer for a company back HOME that I have actually worked for for the last two years which is why I can be here for months at a time. That can't possibly be illegal.

You would be out of status and deportable

Got it! So the best thing for me to do would be to file before my visa expires, yes?

Good Evening,

I have done constant research to the answers of my questions online but won't feel completely comfortable until I've had sound advice from people that have actually successfully completed the Visa proces. Any willing to offer the same can continue reading below.

I am currently in the US on my tourist visa that is good for six months. I work from home for a company back in my home country in the Caribbean and I have been here for about 4 months visiting my boyfriend. He proposed recently and we were planning on getting married and filing the necessary applications before my tourist visa expired in December so that I can stay here legally. Hurricane Matthew completely destroyed my parents property back home so we had to send the money we put aside for the filing back home to my family and that's not even a portion of what is actually needed to assist them and we will have to wait to save the money again.

The issue here now is that my boyfriend is urging me to stay because there is nothing for me to go back home to and we can file after we have gathered the money. So my question is if we are unable to gather the money before my tourist visa expires in December to get married and file, can I remain in the USA until we are ready to file the I130 and 1485 concurrently and what are the risks involved.

Please anybody that has experienced or knows somebody that has been in this situation and has gotten out offer me advice on the right steps to take? It will be greatly appreciated. Thank you so much!!! ?