Johndoe

i have been told by an immagration officer from a immagration office
in the states that i can adjust my status while on my tourist visa. So
he gave me all the forms me and my fiance need to fill out to go ahead
with it. He also said that i can stay in the states while this is
being proccesed even though my 90 day visa has expired. PLEASE ADVISE.
this was not my intention to do this while i was here, but we just
decided to go ahead and see what happens.

magpie

You must be getting married... on a tourist visa. You might want to check on this. I don't think you want to go down that route.

AlphaTrion-TJW

Normally going Marriage on a tourist isn't to much of a big deal if it was
just a genuine up and "eloped" sort of thing. But if I'm reading the post
right his 90 day visa is out and he's filing after it's already out which
means he's already raking up the "out of status" days that'll count toward
him.


--
Toby & Antoinette Woods
~~~ http://www.woodsfamily.cjb.net ~~~

Ray

I find it very hard to believe that an Immigration officer suggested you use this route.

Susanna

Well if the Visa has expired? then yes you are out of status until the AOS forms are filed.

But YES you can marry.

On another note if you have not gone over your 90days? then I would suggest to you to return home and get a fiancee Visa.

The problem is if you have already overstayed? then depending on where you file? you could be here for a Minimum of 1-2 yrs before you can return home, well lets put it this way you can go home but very doubtful you will get back in because of the overstay...So if you are over then do not leave the US stay put, even if you get AP (Advance Parole) not worth the risk unless total emergency.

Susanna

candy wy.

i don't find it hard to believe. i was told the same by immigration officer.

Aliluv

Most people adjust status this way according to the statistics.

There are risks involved, you will have to prove you had no intention of marrying when you enter. Along with some other risks.

Also it would be a good idea to see if you guys are able to meet all the income requirements.

You may take time to think it through though, sometimes people just want to spend more time together and they get married in a rush and it does not work out. Make sure it is the right thing for you guys.

If not and you are out of status you should leave the US immediately or you could be subject to a ban on entering again.

Susanna

Up to 180days overstay you are looking at a 3yrs ban.... at 1yr or over 10yrs
If under that you may and I say may get back in depending on the Immigration offical at POE. or at least get in on another visa?
But every day over the clock is ticking..........

Hypertweeky

Teen foot pole!!!

Ps: I don't want to sound rude.. but this post smells trolly!

Susanna

I have just asked 2 others on Yahoo Chat and none of us are sure what Trolling is????

Sorry I know it is logical that most will know but........

Ray

Trolls are the idiot who post ridiculous things.....we have many on the forum...well! many names anyway.. mostly the same person..

http://members.aol.com/intwg/trolls.htm

lpdiver

Don't trust anything anyone tells you. There is a lot of misinformation out there. Every case is individual based on individual circumstances. You will be the one with a problem is you are given bad advice whether it comes from friend, immigrations, an attorney, or what ever.

Find the written regulation and learn it. If you need an attorney get one experienced in your type of case specifically and with your consulate if at all possible.

And sometimes you cannot get a clear answer answer ahead of time.

Good luck.

Susanna

Thanks so much for that link I will pass it on interesting reading.

Mtravelkay

ray6 wrote:
    > I find it very hard to believe that an Immigration officer suggested you
    > use this route.
    >

Why not? It is legal to do after you are in the states.
It is not legal to enter with this intent.

tortoise

i got married on a visa waiver and have filed my AOS forms. i am now waiting for my receipt, EAD and my fingerprint letter.

at your interview (which you will get from 8 months to 3+ years of filing depending on the area you live in) you will have to prove that you didn't enter the states with the intention of marrying.

to apply for advance parole, you will have to file your papers within 180 days of your visa expiring; which is something i didn't do due to bad advice from an immigration advocate :|

if you are phoning the BCIS office, ask to speak to an immigration officer as the people answering the phones aren't really in the know. i was told the other week by someone there that it wasn't possible to adjust status from a visa waiver, but then when i spoke to an immigration officer they told me this was nonsense.

edit: ah yes, but i see what people are saying here is that if you have a fiance, then there must be intent of marrying. therefore the correct procedure would be to get a fiance visa. however, you've outstayed your waiver. hmmm. might be worth looking into the K3?