Information Please

[Lucky36]

Guys, help please.

I am an Indian National came to US on a B1 and got married to a USC during this visit. My I-94 was stamped for 40 days and we got married on 35 day. Now my I-94 has expired and I am still here. Please advise how should I proceed and what should I apply for. Am I still eligible for AOS? Thanks!

[PraetorianXI]

Why was your I-94 stamped for 40 days? is there anything else stamped on your I-94? such as No AOS, COS, EOS?

This sounds like the officer (immigration at the Port of Entry) suspected you being a potential immigrant (which seems right) and gave you a restricted I-94... Did you know your now wife, before you entered the USA? where you engaged?

The likelyhood of you Meeting, Falling in Love, and Marrying Spontaneously an US Citizen in 35 days is ZERO!

So, this smells like you will be accussed of fraud and misrepresentation at the POE...

In your best interest, to leave the USA before you accrue more than 180 days of illegal presence and apply for your GC back in your home country through Consular Processing.

[Lucky36]

I have visited before and my previous I94 have also been stamped for shorter durations, not sure why 40 days this time.

Yes I did know my wife before entring US but we were never engaged.

But do I not attract a bar for overstaying now? Will consular processing work for my case? Thanks.

[PraetorianXI]

You would get a ban for 3 years if you overstay for more than 180 days.

Consular processing would work... otherwise, there is plenty of evidence that could point to a fraud.

[doctor1]

Under the 30-60-90 day rule, a person who applies for a change of visa status (including adjustment of status) within 30 days of entering the U.S. is presumed to have acted in bad faith. In other words, the USCIS will presume that such a person had preconceived intent to make the change before entering the U.S. and used an easier visa to avoid the normal screening process conducted by U.S. consulates abroad.

If the adjustment of status application is made between 30 to 60 days of entering the U.S., there is no presumption made. However, there will be a strong suspicion that the person acted in bad faith and heightened scrutiny shall apply.

If the adjustment of status application is made after 60 days of entering the U.S., the presumption will be that the person acted in good faith. However, previous visa history will nevertheless be examined to determine whether any abuses of the immigration process may have occurred in the past.


Looking at this rule you lie between 30-60 days period, so you can either be granted permenant residency or denied depending and how strong your case is.

this is what i would do.. i am not a lawyer but if you really want to stay with your wife and not go back here is the deal, but act accordingly..

If your wife is from the Indian Decent , I mean to ask if her parents are Indian, if yes you can prove this marriage to be an arranged marriage, USCIS knows that arranged marriages are common in south east asians and middle eastern people so you can make it sound like it was arranged after you entered america , and things were undecided when you first entered as a visitor, this is your best shot, But ofcourse its safer to go back and do consular processing , but this takes time.. good luck

[PraetorianXI]

Originally Posted by doctor1

Under the 30-60-90 day rule, a person who applies for a change of visa status (including adjustment of status) within 30 days of entering the U.S. is presumed to have acted in bad faith. In other words, the USCIS will presume that such a person had preconceived intent to make the change before entering the U.S. and used an easier visa to avoid the normal screening process conducted by U.S. consulates abroad.

If the adjustment of status application is made between 30 to 60 days of entering the U.S., there is no presumption made. However, there will be a strong suspicion that the person acted in bad faith and heightened scrutiny shall apply.

If the adjustment of status application is made after 60 days of entering the U.S., the presumption will be that the person acted in good faith. However, previous visa history will nevertheless be examined to determine whether any abuses of the immigration process may have occurred in the past.


Looking at this rule you lie between 30-60 days period, so you can either be granted permenant residency or denied depending and how strong your case is.

this is what i would do.. i am not a lawyer but if you really want to stay with your wife and not go back here is the deal, but act accordingly..

If your wife is from the Indian Decent , I mean to ask if her parents are Indian, if yes you can prove this marriage to be an arranged marriage, USCIS knows that arranged marriages are common in south east asians and middle eastern people so you can make it sound like it was arranged after you entered america , and things were undecided when you first entered as a visitor, this is your best shot, But ofcourse its safer to go back and do consular processing , but this takes time.. good luck

He said that he knew his now wife before hand... even if it is arranged, he can not just "lie" to USCIS... and there is plenty of things, including the restricted I-94, that would make his AOS case a BAD idea...

Regardless of the 30-60-90 rule. He entered a visitor for a restricted (40 days) stay and married and plans to AOS... it doesn't matter if he files for AOS after 90 days, he still got married in 35 days and USCIS will catch that.