Married while on Tourist Visa, Overstayed

[strateuro]

Hello all,

My wife came here from england on a tourist visa at the beginning of August 2006. We were married September 20th and her tourist visa expired at the beginning of November.

Procrastination has lead us to not file any documents to date. My wife now needs to travel back to the UK in one week (for one week and then returning to the US) unexpectedly. Is it too late? If we do not file the paperwork before this, will she have any problems traveling?

Thank you

[strateuro]

Hello all,

My wife came here from england on a tourist visa at the beginning of August 2006. We were married September 20th and her tourist visa expired at the beginning of November.

Procrastination has lead us to not file any documents to date. My wife now needs to travel back to the UK in one week (for one week and then returning to the US) unexpectedly. Is it too late? If we do not file the paperwork before this, will she have any problems traveling?

Thank you

[SunDevilUSA]

If your wife entered on a tourist visa, wasn't she admitted for a period of six months? Given that she appears to have been admitted for ninety days, she most likely entered on the Visa Waiver Program.

In any event, it would seem that she entered with the intention of getting married, and you will have difficulty disproving this to USCIS. A tourist visa or the Visa Waiver Program are NOT intended for this purpose, and your wife should have applied for and received a Fiance Visa.

If your wife leaves the United States, she will NOT be able to return. First, as the wife of a U.S. Citizen, she has obvious immigrant intent; Second, she has already overstayed her authorized period of stay and ignored the terms of her entry to the United States.

You should file I-130 and I-485 with USCIS to apply for your wife's Adjustment of Status to Permanent Resident. This process will likely take about a year, during which she will be unable to leave the country. Your application will be made more problematic given the obvious intent to get married while telling Border and Customs Protection officers that the intent was to enter as a tourist, but you should ultimately prevail.

Once you file for your wife's adjustment, you can apply for employment authorization, and her stay in the United States is regularized...albeit that she still has a period of overstay on her record.

[HBKHBK]

Sorry to inform you,but just because you married your "wife" won't make it secure or easy for her to stay here either way...

People need ti understand something,marriage does not will never be a seurity to by pass the law and say "hey I am married to a US citizen,you can never kick me out etc etc" wake up call - you can and sometimes they do,in order to come here the right way.

Now,your wife came to the US as a tourist,meaning by law,to visit and then to leave,after a short period of time.
You do not need to be have a ph.d to know,your wife and yourself,knew whats was going to happen.Meaning,her intention was to come to the US and to get married.She came in August got married in September,you won't even fool a child,that if you'd say the marriage was not intent and it just happened....

Don't get me wrong, thats going to be the proble once you file your paper work.
They are gonna look and think,she got her a month ago and got married and when she went through costums,she said,she is coming visiting and leaving you know.

And to answer the SunDevil USA's question...about the 6 months.Many people do not know about this,but I will tell you what the rule is.

Anyone coming to the US from the European Union,does not need an actually visa,all they have to fill out is a on board visa to enter the US for only 30 days,sometimes 45 days...
and all the other countries,that is not in the european union and other nations,they have to apply for an actually tourist visa which is stamped inside the passport and that allows you to come to the US for 6 months.

Anyway,the only thing you guys might face is the question why you or your wife lied to the immigration aka costums,which she also signed on board that she came here as a tourist,which she also noted when she is going to leave...
the question will be the intention to come to the us was to get married to her boyfriend,which she did not tell the costums.
Thats how they are gonna look at it...

I personally though hope...it will go fine for you.

[floyd]

It is not too late to file the paperwork, however should your wife leave the country, the paperwork will have to be done in her country of origin.

You will file here but the interview will be done in that other country!

How come the rush now?

Good luck.

[swissnut]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by strateuro:
Hello all,

My wife came here from england on a tourist visa at the beginning of August 2006. We were married September 20th and her tourist visa expired at the beginning of November.

Procrastination has lead us to not file any documents to date. My wife now needs to travel back to the UK in one week (for one week and then returning to the US) unexpectedly. Is it too late? If we do not file the paperwork before this, will she have any problems traveling?

Thank you </div></BLOCKQUOTE>
Marrying while on a tourist visa is not a problem. Remaining and hoping to adjust status while in the USA can be. Your wife can return to the UK, but in order to come back to the USA she would be required to await processing of either a CR-1 or a K-3 visa through the consulate. The short overstay might not complicate anything.

[Houston]

I wouldn't dare to comment on this issue, it's one of the most complicated areas of the law. I'm concerned about some of the information posted here though, the OP needs to gather advice from experienced lawyers and should avoid relying on a board filled with myths and misconceptions.

SunDevil's post is a general good guide as to what to expect, but only the OP knows what actually happened and how the decisions were made.

Even the BIA has recognized that people and intentions change, sometimes forced by major events, sometimes by impulsive and spontaneous decisions.

A misrepresentation is a "false representation" not some mysterious and elusive concept. Also, material facts are, obviously, "facts" and not "what if's" and "maybe's"... There's more to the issue when it comes to discretionary relief, but innocent conduct should not result in a denial, the OP should be well aware of that.

-THIS IS NOT LEGAL ADVICE-

[Theone]

She does not have a ban, yet, they can file and also apply for AP - Advanced Parole, that will allow her to return whilst her adjustment is processing.

Allow 3 months to get AP.

[susie]

Hi

Advanced parole even if approved does not guarentee the wife will get back into the usa

The final determination soley rests with the immigration officer at port of entry

The same goes for any other type of visa in your passport, again this does not guarentee entry to the usa. The final determination rests with the officer at port of entry

They do not have to give a reason for denied entry and you are not entitled to legal help