Legal Question in Immigration Law in California

I married on a tourist visa, do I get deported?

I married my husband on a tourist visa (after having dated for four years). Now we want to file for the I-130, but do I get to wait out the process with him in the US or do I get sent home?


Asked on 2/02/09, 2:19 pm

6 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Re: I married on a tourist visa, do I get deported?

This should be easy if you entered the U.S. on the tourist visa and haven't left yet. You should contact a lawyer since you're eligible to file for more than just the I-130, which by itself is slow. You can file to adjust your status to permanent residence right after the marriage, and the process, at least in Los Angeles, should take about six to nine months.

Larry L. Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 2/02/09, 2:27 pm
Michael Cho Law Offices of Michael Cho

Re: I married on a tourist visa, do I get deported?

If you file for adjustment of status, then you should be allowed to remain in the US while it's pending.

You may find more information here:

http://www.msclaw.com/Green_Card_for_Spouse.html

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Answered on 2/02/09, 2:34 pm
Rebecca White Law Office of Rebecca White

Re: I married on a tourist visa, do I get deported?

Assuming you have remained in the US since your entry on a tourist visa, you can file the I-130 and an I-485 at this time without leaving the US. If you would like assistance or have further questions please contact my office.

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Answered on 2/02/09, 3:13 pm
Gabriel Jack Muston & Jack P.C.

Re: I married on a tourist visa, do I get deported?

The issue in your case will be whether or not your intent on the date you entered the country, whether it was to get married and remain permanently in the US or whether it was just to visit. If it was just to visit and then you later decided to reamin and get married, you should be ok to adjust status in the States. feel free to contact my ofice for a consult.

Regards,

Gabriel D. Jack

Attorney at Law

408.293.2026

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Answered on 2/02/09, 4:02 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: I married on a tourist visa, do I get deported?

You can do everything in the USA, if you are in Southern California contact my office.

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Answered on 2/02/09, 5:59 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: I married on a tourist visa, do I get deported?

It's important to have temporary intention when visiting the U.S. This is not difficult to prove in most cases and rarely is it an issue when a spouse of a U.S. citizen marries with a tourist visa. I've handled thousands of cases like this over the course of 30 years all over the U.S. Don't fear being deported. I've never seen that happen with the facts you present. In all likelihood you could process the case within the U.S., obtain employment authorization, and depending on whether and when your status expires/expired, you can also get a permit to travel while the case is pending.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

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Answered on 2/03/09, 1:01 am


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