Missouri  |  Immigration Law

Legal Question

Asked on: 8/30/13, 11:45 am

Hello, my name is Javier Rivero and I came to the US on vacation on may 25th, the thing is that I board a cruise from may 31st to June 3rd and there I meet who is now my fiance, he proposed to me and we're getting married on October 4th, I'm in a Tourist visa which Dues on November 24th, and I'm gonna introduce the forms I-130, I-485 and I-765 after my marriage, he is an American citizen and my questions are:

1) Since it is so expensive to go back to my country and wait for the K-1 visa we decided to get married now before my tourist period dues, Should I ask for an extension of my tourist period or once I introduce those forms I do not become an ilegal after my waiver visa dues on November 24th.

2) My fiance is a nurse and does drugs screens for a Hospital and he has a tag as a Federal Employee, would it help with immigration?

3) should I send pictures with the form I-485 or just the bills and insurance together?

I Really appreciate your time,

Thank you so much

Javier Rivero

2 Answers

Answered on: 8/30/13, 2:14 pm by Rebecca White


I am sorry I am not more clear on the situation from your description above, but if you are now in the US and last entered the US as a tourist/visitor before you had any intention of marrying you can file for the immigrant visa and adjustment application from within the US.

You will not have a basis to extend the current visitor visa if you have immigrant intent (planning to remain here permanent with a US citizen spouse). But if 60 days have passed since your last entry as a visitor you should be able to file the adjustment application.

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Answered on: 8/30/13, 3:00 pm by Marlene Hemmings

Hi Javier

As long as you entered the U.S. on a "visitor" visa and not a "transit" visa, then you are okay.

You do not have to extend your visitor visa, but make sure you get married in a State that recognizes same sex marriage in order for your immigration case to be recognized under Federal law.

Your spouse's employment position will not affect your case either way.

You can check the I-130 & I-485 instructions regarding supporting documentation for your case at www.uscis.gov & click the "forms" link at the top.

Good luck.

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Marlene Hemmings, Attorney at Law 23371 Mulholland Drive, Suite 294 Woodland Hills, 91364

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