Went to the US as tourist then got married

[gracey025]

I have a friend who went to the US as a tourist. While she was there, she got married to her USC boyfriend. Does she have to go back to her home country and wait for the petition to be approved or she can stay in the US while waiting? Her I-94 will expire next month. She said that it won't be a problem, she can just wait there but I am dubious. She left her child here in the Philippines and I'm wondering if her daughter will suffer the consequences. Thanks.

[kitkat1]

I have a friend who went to the US as a tourist. While she was there, she got married to her USC boyfriend. Does she have to go back to her home country and wait for the petition to be approved or she can stay in the US while waiting? Her I-94 will expire next month. She said that it won't be a problem, she can just wait there but I am dubious. She left her child here in the Philippines and I'm wondering if her daughter will suffer the consequences. Thanks.

If she entered the US legally, she can adjust her status in the US. But the key issue in this case is that she has to be able to/ready to prove that she did not enter with the intention to marry. Having left her daughter there seems like pretty good proof that she did not intend to marry and stay but it all comes down to the AOS interview and whether or not the Immigration Officer believes she did not have intent. In addition, she won't be able to leave the US until she has her green card or Advance Parole. Otherwise, her fiance will have to go through the Fiance Visa petition process and she will have to wait for her interview in the Phillipines.

Check www.familybasedimmigration.com for more information.

[gracey025]

Thanks for the info Kitkat!