Legal Question in Immigration Law in Pennsylvania

Student Visa to a Tourist Visa then married

Female UK citizen in the US on a student visa. She left to visit the UK, upon re-entry she was told her visa had expired. They issued her a tourist visa (B1/B2). She had been in the US for many years, no negatives that I am aware of. She married her boyfriend of 3 years last week and are behind on paperwork and I believe her tourist visa is up in two weeks. I thought she should:

I-130

I-485 - adjustment of wavier status

Notify UK console for her country here in the US

Stress spur of the moment and produce notarized statements from people who can confirm the 3 yr relationship USCIS will not be able to read preconceived intent and possible misrepresentation

The issue is the short amount of time!! what can be done to speed this along...sending her back to the UK with no money, no job, no place to live would be a tremendous burden on her and certainly not in her best interests.


Asked on 7/30/08, 11:20 am

1 Answer from Attorneys
Michael Kuldiner Law Offices of Michael Kuldiner, P.C.

Re: Student Visa to a Tourist Visa then married

its ok if she overstays as long as she files prior to her visa experiation, no need to go back to the UK. Short overstay does not affect her adjustment. She should really consult a lawyer. Contact us if you have any questions.

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Answered on 7/30/08, 1:14 pm


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