30/60-period?
Jul 6th 2001, 12:59 am
#1
Guest
Posts: n/a
Is there anyone who can help with information relating to the following questions?
If you are in the US on a tourist visa and decide to marry a US citizen, I've heard
that it's best to wait 60 days before marrying due to the INS being suspicious about
marriages that occur sooner on a tourist visa. Would it be safer to marry after 60
days than to marry 6 weeks after you enter the US on a 2-month tourist visa?
If it is safer to wait 60 days, what do I do about the fact that my visa expires in
60 days from the date I entered the US? Will I be in danger of being deported if I
remain in the US after the visa expires, marry as soon as possible, and file AOS? Is
it possible to get my visa extended before it expires and then get married? Would
this be a better option than letting the visa expire and then marrying and filing the
AOS? If your visa expires and you marry afterwards, will the INS deny your AOS
because you overstayed your visa?
If you do marry after you come in to the US on a tourist visa, what is your status
considered by the INS during the time between your marriage and the approval of your
AOS? Can you be deported due to being in the US on an expired visa, while you're
married to a US citizen, before your status is adjusted to conditional resident?
Thank you for any help anyone can offer.
Nancy.
If you are in the US on a tourist visa and decide to marry a US citizen, I've heard
that it's best to wait 60 days before marrying due to the INS being suspicious about
marriages that occur sooner on a tourist visa. Would it be safer to marry after 60
days than to marry 6 weeks after you enter the US on a 2-month tourist visa?
If it is safer to wait 60 days, what do I do about the fact that my visa expires in
60 days from the date I entered the US? Will I be in danger of being deported if I
remain in the US after the visa expires, marry as soon as possible, and file AOS? Is
it possible to get my visa extended before it expires and then get married? Would
this be a better option than letting the visa expire and then marrying and filing the
AOS? If your visa expires and you marry afterwards, will the INS deny your AOS
because you overstayed your visa?
If you do marry after you come in to the US on a tourist visa, what is your status
considered by the INS during the time between your marriage and the approval of your
AOS? Can you be deported due to being in the US on an expired visa, while you're
married to a US citizen, before your status is adjusted to conditional resident?
Thank you for any help anyone can offer.
Nancy.
Jul 6th 2001, 1:55 am
#2
Concierge
Joined: Apr 2001
Posts: 46,392
Just get married and file for AOS as soon as you have the certified marriage certificate. There are some that say it is safer to way for 60/90 days but many have married within days of entry and adjusted without a problem.
If you married on the 60th day and didn't file until 100 days after you are still okay. You will not be deported. Your overstay stops on the day your AOS application is received at the local INS office.
Read the following sites for great information on your situation:
I-130/I-485 Helpsite at: http://www.geocities.com/CapitolHill/Congress/2806/
http://www.mindspring.com/~docsteen/...o/visainfo.htm
Rita
If you married on the 60th day and didn't file until 100 days after you are still okay. You will not be deported. Your overstay stops on the day your AOS application is received at the local INS office.
Read the following sites for great information on your situation:
I-130/I-485 Helpsite at: http://www.geocities.com/CapitolHill/Congress/2806/
http://www.mindspring.com/~docsteen/...o/visainfo.htm
Rita
Jul 6th 2001, 10:11 am
#3
Guest
Posts: n/a
Njl29 wrote:
>
>
>
>
>
>
Thc concern that is expressed by some over this issue is based on INS law 212
(6)(C)(i): "(C) Misrepresentation.-
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact,
seeks to procure (or has sought to procure or has procured) a visa, other
documentation, or admission into the United States or other benefit provided
under this Act is inadmissible." From the 9FAM, here is the PDF file with this in
it, see page 6 of this document:
http://foia.state.gov/masterdocs/09fam/0940063N.pdf You will note that this file
refers to any misrepresentation made verbally or in person to a consular or POE
officer. What effect this may have on AOS has been debated long and hard in this
group. There appears to be a potential element of risk, however I think that it
is likely that whether or not this is pursued would be up to the officer who
completes the AOS interview. One factor is whether INS can prove that you made
"willful misrepresentation". Bear in mind, if you are accused of anything, the
onus is on the immigrant to prove otherwise. You can read more about these issues
at the Marriage Visa Pages URL at the end of this note, click the tourist visa
adjustment link.
>
>
>
The chances of being deported in this situation are probably very, very slim.
Understand that some people enter and remain for a lifetime, out of status their
entire lives.
>
>
>
>
If you enter on regular tourist visa, you can apply for an extension, however if you
enter on visa waiver, it is not extendable. The US citizen can request adjustment of
a spouse EVEN IF the spouse is out of status AS LONG AS the spouse entered the US
legally. Read the I-485 instructions carefully regarding who is NOT eligible to
adjust status and you will see exclusions for the immediate relative of a US citizen.
>
>
>
>
>
>
>
Anyone who applies for adjustment of status is immediately changed to the status of
"pending adjustment". You do not get any documentation of this except for a cash
register receipt from the INS office where you file, generally. Once you pass the AOS
interview, then you get resident status.
Alvena
===
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
===
K-1 FAQ: http://www.k1faq.com Timelines: http://www.wkh.org/ A great K-1 Site:
http://pages.prodigy.net/alixtcat/immigrat.htm Doc Steen's Marriage Visa Pages:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
===
>
>
>
>
>
>
Thc concern that is expressed by some over this issue is based on INS law 212
(6)(C)(i): "(C) Misrepresentation.-
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact,
seeks to procure (or has sought to procure or has procured) a visa, other
documentation, or admission into the United States or other benefit provided
under this Act is inadmissible." From the 9FAM, here is the PDF file with this in
it, see page 6 of this document:
http://foia.state.gov/masterdocs/09fam/0940063N.pdf You will note that this file
refers to any misrepresentation made verbally or in person to a consular or POE
officer. What effect this may have on AOS has been debated long and hard in this
group. There appears to be a potential element of risk, however I think that it
is likely that whether or not this is pursued would be up to the officer who
completes the AOS interview. One factor is whether INS can prove that you made
"willful misrepresentation". Bear in mind, if you are accused of anything, the
onus is on the immigrant to prove otherwise. You can read more about these issues
at the Marriage Visa Pages URL at the end of this note, click the tourist visa
adjustment link.
>
>
>
The chances of being deported in this situation are probably very, very slim.
Understand that some people enter and remain for a lifetime, out of status their
entire lives.
>
>
>
>
If you enter on regular tourist visa, you can apply for an extension, however if you
enter on visa waiver, it is not extendable. The US citizen can request adjustment of
a spouse EVEN IF the spouse is out of status AS LONG AS the spouse entered the US
legally. Read the I-485 instructions carefully regarding who is NOT eligible to
adjust status and you will see exclusions for the immediate relative of a US citizen.
>
>
>
>
>
>
>
Anyone who applies for adjustment of status is immediately changed to the status of
"pending adjustment". You do not get any documentation of this except for a cash
register receipt from the INS office where you file, generally. Once you pass the AOS
interview, then you get resident status.
Alvena
===
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
===
K-1 FAQ: http://www.k1faq.com Timelines: http://www.wkh.org/ A great K-1 Site:
http://pages.prodigy.net/alixtcat/immigrat.htm Doc Steen's Marriage Visa Pages:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
===
