Anonymous asked in Politics & GovernmentImmigration · 3 weeks ago

Tourist visa is expired....?

I came to america in January 2020. 

My tourist visa expired June 26, 2020 it was for 6 months. My question is did I have to apply for extension because I overstayed? I got married to US CITIZEN and I applied for green card back when I first arrived in January 2020. It’s now going to be November will me being married to US CITIZEN be enough to stay as long as I want while green card application is being processed? Can I use the pandemic as an excuse

5 Answers

  • 3 weeks ago

    I'm a bit confused, frankly. You said you arrived in the US in January of 2020. Then you quickly got married and in the same month you applied for a Green Card (Adjustment of Status)? And you don't have a place to live in your home country? No job to go back to either? No dog, no cat, no plants that need watering? No stuff  at all? How can you afford to live in the United States for almost a year without needing to work?

    If you applied for AoS, you entered a period of authorized stay. But you'll eventually will have your interview, and you'll have to answer some of the questions I asked above.

  • 3 weeks ago

    You committed visa fraud by entering US on a temporary visa intending to marry & remain. You cannot use the covid pandemic as an excuse because you married prior to institution of travel restrictions, and needed to return to your country immediately upon marrying & before your spouse filed for CR-1 spouse visa. Besides, despite travel restrictions, people from practically every country have been allowed to return to their own country. 

    Your best bet right now is to return to your own country, apply for your US-citizen spouse's immigration to your country. Before you are charged with visa fraud, with deportation & permanent bar to reentry. You are at major risk since applying for any temporary visa with intent to remain permanently is FRAUD.

  • Foofa
    Lv 7
    3 weeks ago

    The problem is that you entered the US on the wrong visa to type easily adjust status through marital sponsorship. Suggest you speak to a lawyer, stat.

  • Maxi
    Lv 7
    3 weeks ago

    So you commited visa fraud, arriving on a tourist visa with every intention of remaining....... now you have overstayed there is no 'extension', there is no green card and your future looks very grim and very expensive ...........

    You need to pay for legal advice, return home and your US husband needs to apply for a spousal visa before you could return to the US.... which very well might include a ban on entering the US for  a peroid of time

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  • 3 weeks ago

    In your case you and your husband need to talk to an immigration attorney.  

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