Came on Tourist Visa, Married a USC

S

SWaiting

Registered Users (C)
I am US Citizen. I met my wife in US who was here on a Tourist Visa. We got married recently. I applied for her I-485/I-130/I-765 to the local office after that. We have already received the Receipt from INS.

My wife's tourist visa is set to expire next month.

Will the expiry of her tourist visa be a problem ? Will she become out of Status ?


Your response will be appreciated..
 
She is okay

I'm in the same situation. As long as you already Adjust her status before her I-94 expire, that would not make her out of status. Now she is in the status of 'adjust status'. That means she is legal here :).
 
opss

Okay, when you mean 'tourist visa' is that mean her I-94 or the visa given at the American consular at her home country?

My comments above on her I-94 not for visa. Sorry.
 
Thanks for the response. Her I-94 and the visa given from the american consulate both expire at the same time next month
Like I mentioned before, the I-485/I-130 have already been filled and we have received the INS receipt.

So will she be in "adjust to status" state ? and can she now continue living in US ?

SACHIN - can you please reply to this also...


thanks
 
Even if the spouse is out of status, as long as entry was legal, in a case of marriage to a USC overstays are forgiven. The only problem here is that the INS should not think that the spouse came here with the intent to marry and adjust. In other words, the marriage should have been something that was contemplated after the spouse came here, kind of like spur of the moment decision. Visit visas are usually not valid for more than 6 months. she will be in "adjustment status" and can continue to live here. She can also apply for work permit I-765 and travel permit I-131(if overstay was less than 180 days).
 
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Albert Einstien / Sachin

Albert Einstien , thanks for the response.

My thoughts are : Since her I-485/I-130 was applied and received by INS much before her Toursit visa and I-94 expires, and we have received the receipt for them too, she would not be out of status for any period and her continued stay in US will not be considered OVERSTAY ???

Let me know if my assumption is incorrect.


thanks
 
I know that if you apply before your I-94 expired and received the receipt notice you'll be fine. That means the status is as 'adjusting status' not overstayed. But I don't know about VISA expired. May be you can call BCIS and ask them or you can call her consulate to confirm. Since you have two issues here:-

1. I-94 - this settled since you already adjust her status
2. Expired visa - someone pls?
 
expiring visa is not a concern. SWaiting, you are fine. she is legal here.

My problem is that I came here on B2 also. Got married. Applied I-485, I-130 and I-131 before I-94 expiration. Checks were cashed by BCIS before I-94 expiration. But now I-94 has expired, I have not received anything including receipt. Could I use AP if I later receive it? Do I subject to 6mon/3year bar? What status am I in? Legal or out of status? ANy guru advise?
 
It differs from the office to office.
In Newark District Office, I mailed the money order. So I dont know when they were cashed...
However I mailed the application on 6/17, received by BCIS on 6/18, receipt was sent on 6/19 by BCIS. I received it on 6/20/03. The receipt has her case no with full guidelines when the FP, EAD and AOS interview will happen....


The legal word on AP is :
AP is NOT connected to B2 or any other non-immigrant visa. When you file I-485, you are considered to be in adjustee status from that day on. If you applied for I-485 before expiration of I-94 (not B2 visa) you are OK. If you get AP, you can use AP regardless of B2.

good luck
 
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I think if you have the EAD and the AP with you, then you should be ok... If you have applied for the EAD along the with original application in April, you should be getting the EAD in 90 days or elligible for an interim EAD after 90 days....
 
If not mistaken, when they cashed your checks, that means that your application already in filing. So I don't think you have to worry.
 
Thank you very much. I did not file EAD. I just want AP. I might goto Dallas DO to push them this week. it takes 5 hours waiting in line for these precious 2 minuates.
 
Albert Einstien said:
Even if the spouse is out of status, as long as entry was legal, in a case of marriage to a USC overstays are forgiven. The only problem here is that the INS should not think that the spouse came here with the intent to marry and adjust. In other words, the marriage should have been something that was contemplated after the spouse came here, kind of like spur of the moment decision. Visit visas are usually not valid for more than 6 months. she will be in "adjustment status" and can continue to live here. She can also apply for work permit I-765 and travel permit I-131(if overstay was less than 180 days).
Click to expand...

what happens if the INS thinks that the spoue came to US with the intent to marry and adjust? How can we prevent them from thinking this way? Any help will be greatly appreciated !!
 
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