Blindshadow

i have a friend who came to US on tourist visa. she was given six
months to stay here and is planning to marry her boyfriend, a US
citizen. They have actually been in the relationship for 2 years until
she decided to come and and be with him last year. the problem is her
visa is going to expire soon. can she still marry him after her visa
expires? like say for example, two months after the expiration date?
what does she need to do in order to change her status here in the US?

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hcj1440

People who have overstayed their visas get married all the time. You just have to check with your state's requirements since marriage is regulated by state law. Worse case scenario there is always Las Vegas, they don't have a lot of rules compared to most other states.

If she is eligible to adjust her status, she would file I-130 and I-485 together, plus accompanying forms. Here's the list of forms, except I-130 is not listed so don't forget about that one. Also remember to include the biometrics fee.
http://www.uscis.gov/graphics/howdoi/LPRApplication.htm

fatbrit

Your friend man marry regardless of her immigration status. These laws are state specific, so your friend should research the requirements for her particular neck of the woods. But these requirements do not require you to demonstrate your immigration status.

Instructions on how to change status once married are available at:
http://www.uscis.gov/graphics/howdoi/legpermres.htm

ian-mstm

Getting married won't be a problem at all and, notwithstanding anything already said, as long as she leaves the US when her visa expires, she won't have broken any federal immigration laws! Then again, perhaps it's just the way you worded your comment... because if she entered the US on a tourist visa with the intent to stay... well, that could end very badly for her!

Ian

Hypertweeky

Since she is planning to adjust status beforehand (pre-conceived intent) from a non immigrant visa option this shouldn't even be discussed unless your friend doesn't mind the possibility to face a life ban from the US!

To everyone else: Sorry to seem harsh but I am tired of this topic!!

fatbrit

Nowhere does the OP state there was pre-conceived intent to remain in the US on entry. And the subject is clearly already in the US. So there is no problem discussing it.

Just Jenney

"They have actually been in the relationship for 2 years until
she decided to come and and be with him last year."

Some might be construing this comment as her having intent to stay and adjust status.

~ Jenney

builder

The only 2 kinds on non immigrant visas that allow dual intent are the H and L visas. If any other kind of non immigrant visa is used to enter the US temporarily, and then the person decided to stay and adjust status, it is considered a pre conceieved intent as mentioned. In this case you best bet is to stay and adjust and not even think about leaving the country until you have your green card, because if you do, this will trigger the 3 to 10 year bar upon re entry.

fatbrit

Could be construed any way IMO; I always give the benefit of the doubt provided they don't explicitly state their intention to break the law. And I never ask them to clarify since this would just start the usual roll of silly posts. OP has enough information now to start the ball rolling...

Mh

In article <[email protected]>,
blindshadow <[email protected]> wrote:
    >i have a friend who came to US on tourist visa. she was given six
    >months to stay here and is planning to marry her boyfriend, a US
    >citizen. They have actually been in the relationship for 2 years until
    >she decided to come and and be with him last year. the problem is her
    >visa is going to expire soon. can she still marry him after her visa
    >expires? like say for example, two months after the expiration date?
    >what does she need to do in order to change her status here in the US?

First, I'm NOT an attorney, nor do I play one on TV..

1) is it legal to get married - depends on your state requirements..
For instance, does she need just a passport, etc?

2) will there be any issues with her staying AFTERWARDS? That's a totally
different matter.

MH