came in on tourist visa then got married -help!

11-28-2006, 02:33 AM

Can anyone help? My friend came in on a tourist visa then ended up
getting married to her boyfriend (US citizen). They actually planned to
go back to the UK to get married but he got a job offer he couldn't
refuse. So it was not actually planned.
Will there be any problems as she came in on the tourist visa and has
now overstayed the 90 days?
She wants to file for her I-485 and I-765. when asked her current
immigration status what does she put? Visitor?

Would really appreciate the advice - Thanks

11-28-2006, 02:40 AM

> Can anyone help? My friend came in on a tourist visa then ended up
> getting married to her boyfriend (US citizen). They actually planned
> to go back to the UK to get married but he got a job offer he couldn't
> refuse. So it was not actually planned.
> Will there be any problems as she came in on the tourist visa and has
> now overstayed the 90 days?
> She wants to file for her I-485 and I-765. when asked her current
> immigration status what does she put? Visitor?
>
> Would really appreciate the advice - Thanks

I think the overstaying is a problem. In my personal experience she
should have filed prior to the 90 day expiring

11-28-2006, 02:43 AM

> I think the overstaying is a problem. In my personal experience she
> should have filed prior to the 90 day expiring

Thanks for the quick response - I kind of thought that. Do you have any
suggestions as to what she should do? Just go through the process and
hope for the best?

I am also an expat but came in on an au pair visa 8 years ago and then
got married, so my process was very different. which is why I can't
help my friend

11-28-2006, 02:45 AM

> Can anyone help? My friend came in on a tourist visa then ended up
> getting married to her boyfriend (US citizen). They actually planned
> to go back to the UK to get married but he got a job offer he couldn't
> refuse. So it was not actually planned.
> Will there be any problems as she came in on the tourist visa and has
> now overstayed the 90 days?
> She wants to file for her I-485 and I-765. when asked her current
> immigration status what does she put? Visitor?
>
> Would really appreciate the advice - Thanks

Hi:

Excellent question. It depends.

__________________
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

11-28-2006, 02:48 AM

> Hi:
>
> Excellent question. It depends.

Hi:
It depends on what?

11-28-2006, 02:49 AM

> I think the overstaying is a problem. In my personal experience she
> should have filed prior to the 90 day expiring

Overstay by itself does not make one ineligible to adjust status if
adjusting based on marriage to a USC.

From http://149.101.23.2/graphics/howdoi/lpreligibility.htm#j (old USCIS
site -- will be up only until Nov 30)

"If "otherwise eligible" to immigrate to the U.S., immediate relatives
may adjust status to LPR (get a "green card") in the United States even
if they may have done any of the following:
* worked without permission,
* remained in the U.S. past the period of lawful admission (e.g.,
past the expiration date on your I-94) and filed for adjustment of
status while in an unlawful status because of that,
* failed otherwise to maintain lawful status and with the proper
immigration documentation, or
* have been admitted as a visitor without a visa under sections
212(l) or 217 of the Act (which are the 15-day admission under the
Guam visa waiver program and the 90-day admission under the Visa
Waiver Program, respectively)."

11-28-2006, 02:51 AM

> Hi:
> It depends on what?

Sigh. I'm tempted to say "everything" except is somewhat more limited
than that. And if you ask people what their experience is you will get
"**I** had no problem, so it will be no problem" or you might get "**I**
had the DAO from Hell who subjected me to torture you wouldn't believe."

Where is the case being filed? What nationality and ethnic group are
the people? How long did they know each other? What are the
circumstances of entry? And I just started.

__________________
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

11-28-2006, 02:54 AM

> Overstay by itself does not make one ineligible to adjust status if
> adjusting based on marriage to a USC.
>
> From http://149.101.23.2/graphics/howdoi/lpreligibility.htm#j (old
> USCIS site -- will be up only until Nov 30)
>
> "If "otherwise eligible" to immigrate to the U.S., immediate relatives
> may adjust status to LPR (get a "green card") in the United States
> even if they may have done any of the following:
> * worked without permission,
> * remained in the U.S. past the period of lawful admission (e.g.,
> past the expiration date on your I-94) and filed for adjustment
> of status while in an unlawful status because of that,
> * failed otherwise to maintain lawful status and with the proper
> immigration documentation, or
> * have been admitted as a visitor without a visa under sections
> 212(l) or 217 of the Act (which are the 15-day admission under
> the Guam visa waiver program and the 90-day admission under the
> Visa Waiver Program, respectively)."

should she just put visitor in the section where it asks for current
immigration status?
This forum is fab by the way - I wish I had known about this when I was
going through the process!

11-28-2006, 02:56 AM

> Sigh. I'm tempted to say "everything" except is somewhat more limited
> than that. And if you ask people what their experience is you will
> get "**I** had no problem, so it will be no problem" or you might get
> "**I** had the DAO from Hell who subjected me to torture you wouldn't
> believe."
>
> Where is the case being filed? What nationality and ethnic group are
> the people? How long did they know each other? What are the
> circumstances of entry? And I just started.

Case is being filed in Los Angeles.
She is English and white
He is American and White
She came in on a tourist visa with plans to take him home with her then
he got a great job offer so they got married here, not thinking that
there would be a whole procedure to go through ( they are in their early
20's so young and in love)

11-28-2006, 03:00 AM

> Can anyone help? My friend came in on a tourist visa then ended up
> getting married to her boyfriend (US citizen). They actually planned
> to go back to the UK to get married but he got a job offer he couldn't
> refuse. So it was not actually planned.
> Will there be any problems as she came in on the tourist visa and has
> now overstayed the 90 days?
> She wants to file for her I-485 and I-765. when asked her current
> immigration status what does she put? Visitor?
>
> Would really appreciate the advice - Thanks

Hey there. I have done the same way. I overstayed on my B2 visa and now
i'm a Permanent Resident.
I didn't think ill stay here either. 2 Weeks before I was going back
home, met my wife. 1 Year later she filed the i-485, i-765, i-130. As
long as you have entered the U.S. Legally and have I-94 Card you're
good. As soon as you file and get an Immigrant Alien Number you're good
to go.
Takes about 90 days to get EAD. Depends ofcourse on the service center.
Make sure that you also do the Medical (i did not do it when i sent the
papers) so i had to send RFE (more evidence).

Dont worry! The officer will ask her husband if he knew about her visa
expiring/expired... that's all.
Good Luck

P.S. Visitor/B2 on the form