Marriage under tourist visa

[borreman]

What is the name of your state? Nevada

I have entered the US with a tourist visa waiver about 1 month ago. What would be the consequence if my American girlfriend and I decided to get married? Would I receive the authorization to change my status or would I have to leave the country for some time?

Thank you for your help...

 

[ImmigAttyLana]

You should not do this until at least 90 days have passed since your date of entry since it could be presumed to be fraudulent misrepresentation at the time of entry if you get married and file for adjustment of status before this time.

 

[borreman]

Not sure to understand...

I am sorry, I am a bit confused. If I wait more than 90 days, I become an illegal as my visa is only valid for 3 months. So what am I supposed to do exactly ? Wait for my visa to expire and overstay?

 

[ImmigAttyLana]

To begin with, you are NOT supposed to enter the US on a visa waiver with the intention of immigrating to the US. There are specific types of visas available if that is your intention. Since you are trying to circumvent the normal process, I am letting you know that if you still plan to go forwar with this, you would have to do so after you've been in the US for at least 90 days so that it does not relate back to your entry to the US on the visa waiver whereby it could be seen as a fraudulent misrepresentation. If you overstay and then apply for adjustment of status on the basis of a valid marriage to a US citizen, the fact that you've overstayed, in and of itself, will not have any negative impact on your ability to adjust status.

 

[borreman]

Thank you

Thank you very much for your advice and your time!

I am guessing there must be a fine line between overstaying and becoming an illegal? I mean, there are so many posts on this site where it seems like one has been an illegal for a few years and where getting married is not going to solve anything... So overstaying is not going to jeopardize my status ?

 

[ImmigAttyLana]

If you are otherwise eligible for adjustment of status, then an overstay will not affect your ability to adjust status, if done properly.