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Helping fiance get green card // tourist visa got stolen

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  • Helping fiance get green card // tourist visa got stolen

    Hello!

    My fiance and I are planning on getting married, but I have some questions about the timing of all this and the risks at hand for him. I am a USC and he has been on a tourist visa and living in the US illegally. Recently, his visa and passport got stolen, and after this happened, he made a police report in the US (not his home country) to report the visa and passport stolen with the intention that we would be getting married soon before he reaches the 6-month overstay mark. (His last entry and stay has been under 6 months as of now.) While I love him and plan on getting married, we are still trying to figure out plans and I'm wondering if getting married after his 6-month overstay mark will put him at risk for petitioning for his GC and if so, how.

    Thank you!

  • #2
    You're right, for him to use the fiancee process smoothly he would need to leave the country before accruing 180 days of overstay. That said, if he does overstay longer than that, and you both decide to get married, he can apply to adjust his status to a permanent resident without leaving the United States. It is only a serious problem if he leaves the country after accruing 180 days of overstay, before becoming a permanent resident. Don't let him find himself in that position

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    • #3
      Originally posted by mango54 View Post
      Hello!

      My fiance and I are planning on getting married, but I have some questions about the timing of all this and the risks at hand for him. I am a USC and he has been on a tourist visa and living in the US illegally. Recently, his visa and passport got stolen, and after this happened, he made a police report in the US (not his home country) to report the visa and passport stolen with the intention that we would be getting married soon before he reaches the 6-month overstay mark. (His last entry and stay has been under 6 months as of now.) While I love him and plan on getting married, we are still trying to figure out plans and I'm wondering if getting married after his 6-month overstay mark will put him at risk for petitioning for his GC and if so, how.

      Thank you!
      As long as he doesn't leave the US, he can AOS after marriage to you no matter how long he has overstayed.

      His passport getting stolen is not a problem. He just needs proof that he entered legally, which is usually an electronic I-94 that he got at entry, which he can look up online now and print out.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Thank you for that information. Is it a problem that he reported his tourist visa stolen here in the US as opposed to reporting it stolen in his home country? I am concerned about him having no papers right now in the US, and certainly don't want him to be deported or barred from re-entry into the US... Also, what is the difference in timing and process between him using the fiancee process while he is in his home country vs. if we get married here? Thank you again!


        Originally posted by inadmissible View Post
        You're right, for him to use the fiancee process smoothly he would need to leave the country before accruing 180 days of overstay. That said, if he does overstay longer than that, and you both decide to get married, he can apply to adjust his status to a permanent resident without leaving the United States. It is only a serious problem if he leaves the country after accruing 180 days of overstay, before becoming a permanent resident. Don't let him find himself in that position
        - - - Updated - - -

        Thank you!

        Originally posted by newacct View Post
        As long as he doesn't leave the US, he can AOS after marriage to you no matter how long he has overstayed.

        His passport getting stolen is not a problem. He just needs proof that he entered legally, which is usually an electronic I-94 that he got at entry, which he can look up online now and print out.

        Comment


        • #5
          Another follow-up question came to mind. What risk is he in if we decide not to get married because of the fact that he already reported his passport/tourist visa stolen in the US and he is living here illegally? Thank you.

          Originally posted by newacct View Post
          As long as he doesn't leave the US, he can AOS after marriage to you no matter how long he has overstayed.

          His passport getting stolen is not a problem. He just needs proof that he entered legally, which is usually an electronic I-94 that he got at entry, which he can look up online now and print out.

          Comment


          • #6
            Originally posted by mango54 View Post
            Thank you for that information. Is it a problem that he reported his tourist visa stolen here in the US as opposed to reporting it stolen in his home country? I am concerned about him having no papers right now in the US, and certainly don't want him to be deported or barred from re-entry into the US... Also, what is the difference in timing and process between him using the fiancee process while he is in his home country vs. if we get married here? Thank you again!
            Again, I don't see how the visa or passport being stolen is relevant. US visas are only for entry and he is not seeking to enter; he does not plan to use that visa even if it were not stolen. It's normal to report one's passport stolen in the place that it was stolen.

            He has the same "papers" as anyone else visiting the US -- his status is governed by his I-94, and he got an electronic I-94 when he entered which he can look up and print out at any time. Neither the passport nor his visa governs his stay.

            It doesn't make sense to go through the K-1 fiance visa process, because the whole point of a fiance visa is so that the person can enter the US to marry and then apply for Adjustment of Status. He is already in the US, and can already marry and then apply for Adjustment of Status at any time. Unless there is some reason why he needs to leave leave the US before you guys get married, there is no reason why he doesn't stay and marry and apply for Adjustment of Status.

            Originally posted by mango54 View Post
            Another follow-up question came to mind. What risk is he in if we decide not to get married because of the fact that he already reported his passport/tourist visa stolen in the US and he is living here illegally? Thank you.
            He is not living here illegally right now -- as you said, he is still within the 6 months he was admitted on, on his I-94. That he doesn't have a passport or visa are irrelevant -- neither of those things have to do with one's stay in the US. Once he stays past the date on his I-94 (which is probably 6 months after he entered), he will be staying illegally.

            I don't understand your question "What risk is he in if we decide not to get married". Are you guys planning to get married or not? If you guys don't ever plan to get married, and he is not planning to stay in the US, then he should leave before the date on his I-94. If you guys plan to get married, then he should stay in the US and not leave and you guys will get married and apply for Adjustment of Status; it doesn't matter if he is out of status by the time you guys apply or not.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Thanks - this is helpful! I got the information I needed, and yes, we're getting married. There were just various things I have had to figure out. Thanks!

              Originally posted by newacct View Post
              Again, I don't see how the visa or passport being stolen is relevant. US visas are only for entry and he is not seeking to enter; he does not plan to use that visa even if it were not stolen. It's normal to report one's passport stolen in the place that it was stolen.

              He has the same "papers" as anyone else visiting the US -- his status is governed by his I-94, and he got an electronic I-94 when he entered which he can look up and print out at any time. Neither the passport nor his visa governs his stay.

              It doesn't make sense to go through the K-1 fiance visa process, because the whole point of a fiance visa is so that the person can enter the US to marry and then apply for Adjustment of Status. He is already in the US, and can already marry and then apply for Adjustment of Status at any time. Unless there is some reason why he needs to leave leave the US before you guys get married, there is no reason why he doesn't stay and marry and apply for Adjustment of Status.



              He is not living here illegally right now -- as you said, he is still within the 6 months he was admitted on, on his I-94. That he doesn't have a passport or visa are irrelevant -- neither of those things have to do with one's stay in the US. Once he stays past the date on his I-94 (which is probably 6 months after he entered), he will be staying illegally.

              I don't understand your question "What risk is he in if we decide not to get married". Are you guys planning to get married or not? If you guys don't ever plan to get married, and he is not planning to stay in the US, then he should leave before the date on his I-94. If you guys plan to get married, then he should stay in the US and not leave and you guys will get married and apply for Adjustment of Status; it doesn't matter if he is out of status by the time you guys apply or not.

              Comment

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