Announcement

Collapse
No announcement yet.

Getting married - need advice

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Getting married - need advice

    I have a boyfriend here ( US citizen ) and we've been together for some time and we decided to get married this summer. I am here on B1 visa and I when I re-entered US a week ago ( I've been here for a year and a half going back home and coming back ) they let me in only for thirty days, that's how it stated on I-94 although my visa is valid until 2007.

    I would like to stay here with him and it seems that the only option where I will not have problems would be that we get married sooner, so it would mean this month.
    My question is -after we get married (my I-94 expires in the beginning of June )can I stay here legaly and if my status changed immediately with the date of the marriage certificate.

    Thanks a lot.

  • #2
    I have a boyfriend here ( US citizen ) and we've been together for some time and we decided to get married this summer. I am here on B1 visa and I when I re-entered US a week ago ( I've been here for a year and a half going back home and coming back ) they let me in only for thirty days, that's how it stated on I-94 although my visa is valid until 2007.

    I would like to stay here with him and it seems that the only option where I will not have problems would be that we get married sooner, so it would mean this month.
    My question is -after we get married (my I-94 expires in the beginning of June )can I stay here legaly and if my status changed immediately with the date of the marriage certificate.

    Thanks a lot.

    Comment


    • #3
      You would have to file for an adjustment of status immediately after you are married.

      Comment


      • #4
        After filing the adjustment of the status, would this be enough so I can stay here legaly until the status would be approved?

        Comment


        • #5
          Since you enter with inspection it should be enough, but why did they only extend it for 30 days?

          Comment


          • #6
            Because I has a letter with me from a company, where they stated, that they would like to have me as an intern for another six months. This is how it was before and I entered US without any problems for three times but now the imm. dep. said that it shouldn't be that way and that the company has to file for the H1B. Even if they file, I would still need to go home for four months before Oct 1 when I would be able to start working here.

            Comment


            • #7
              You can stay legally after your application has been filing by USCIS and you received your notice from them stating that your application received. You can stay until either its approved or denied. In the time being, you can apply work permit (90 days from the date you apply) and then social security number. You will hear about the interview about 6 to 12 months. Depends on where you live. You need to do your homework before you send your application. One simple mistake can create problems. Let say they denied your application, you will be bar from entering US depends on how long you overstayed your visa.

              Comment


              • #8
                Well as u have visited USA couple of times before and this time u got only 30 days .... AOS after marriage wont be that easy but u should be ok... yes once u file AOS ... u r not out of status anymore and u can stay legally until u get decision on ur application be it approval or denial .... About other things me2 already answered u to apply for work permit ETC... good luck

                Comment


                • #9
                  Thank you all so much...

                  When the papers would be filed and in the process - will I be able to leave and come back to the USA or there is an option that they wouldn't let me in?

                  Comment


                  • #10
                    While your status is pending you must file and advance parole in order to leave the country, failure to do this (may, can, will) result in you not being allowed back in. It is very importatn that you file for this if you wnat to leave the country after you AOS paperwork is filed. Keep in mind it may take 6 months to a year to get your GC and during this time without advance parole you will not be able to leave.

                    Comment


                    • #11
                      Remember that if the INS thinks you inteded to marry someone before you re-entered the US, it can possibly cause problems. I am not saying that to scare you but you need to be very careful of perceived intent...

                      If the INS think you got married simply to evade immigration laws or to obtain your GC, then they can deny the AOS.

                      Lots of people have no issue - I just wanted to let you know that it is not just 'black and white'.

                      Good luck...

                      ARQU

                      Comment


                      • #12
                        Can anybody recommend a good law office where I would be able to find legal support? for my issue?

                        Comment


                        • #13
                          You don't say where you are located, but you can search ILW for an attorney in your area. If you want, you can hire one just to consult, and then follwo the directions very carefully.

                          I want to reiterate what was said earlier about possible problems do to marrying so quickly after entering. If you were to overstay, you would become "illegal", buit the time out-of-status would be forgiven if your AOS is approved. But if you marry and file within 30 days of entry, they will presume that you had intended to marry and file *when you entered* which is fraud and grounds for inadmissibility- ever. BTW- I wouldn't forgo that H1B just because you have the AOS in the works. You can have an immigrant app in and still get H1B, and you will probably have the h visa quicker than the green card. (although if you file now you are supposed to have your EAD by Sept.)

                          Comment


                          • #14
                            Most immigration lawyers will give you a free consultation over the phone and at least give you some 'food for thought'.

                            ARQU

                            Comment


                            • #15
                              From what I learned I think it would be the best for me to leave the US for couple of weeks, going back to my country with my boyfried and come back and enter as a tourist. Then I would try to stay here at least three months, which I can do with or without tourist visa ( although I have B2 in my passport as well ) and wait for 60 days and then get married.
                              This way I would do what I was asked for, leave the country and come back with no relation to the company, I used to do internship for.

                              My biggest fear is that there will be somebody at the imm. department and that he or she will not let me in.
                              I know it's risky but I do think that this is the right way to do it....

                              Any thoughts or advice would be really helpful!

                              Thank you.

                              Comment



                              Working...
                              X