I just got married with a US citizen being out of stayus. I entered with visitor visa almost a year ago

Asked in Utah - over 4 years

A couple days before my I-94 expired I filed for extension of staying and I had been dating my now husband just for a couple weeks. While waiting for the response a month later, we engaged and we planned in getting married in February, but since they notify me that my extension was denied they gave me 30 days to leave the country that was at the end of november.We anyway planned in getting married but a month earlier but after the 30 days they gave me. In the application for the extension I lied about working without permit. I have been working without working permit and I am afraid the can send me back to my country to adjust status. I am not afraid about that they can think that our marriage is fraud or not, or if they think that I came to the US just to get married, because any of those are true and I have proofs of that. My real fear is that they can ban me or punish me because I lied about my work activity here. Can they really deport me for that or ask me to leave?? We are planning to do all the papers before the 6 months of overstay.

Attorney Answers (2)

Nikiki Tavia Bogle

Boston Immigration Attorney

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1

Answered over 4 years ago. You should immediately consult in person with an immigration lawyer before filing any papers with the U.S. Immigration Service.

There is an issue of Fraud, if you lied on the USCIS form that you filled out and submitted to immigration about not working here. If immigration finds out that you lied, you could be charged with Fraud, which is punishable up to 5 years in prison, deportation and possibly permanent exclusion from the U.S.

For those reasons, you must consult with an immigration lawyer to help you with the petition you plan to submit to immigration.

Attorney Nikiki Bogle

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candydesilva

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Answered by a user, about 4 years ago. When you apply for an extension you are lawfully able to remain in the USA beyond the date specified by your
I-94 card in your passport. This is applicable in your situation because u said you filed your application in a timly manner.
Now when you enter the USA on a visitor's visa you r not to work in the US under no circumstances that is a breech of the USCIS immigration laws. A visitor's visa does not allow you to get married there is another visa for that purpose just as there is a visa for employment in the US.
when you got that letter of denial you were supposed to get a ticket as soon as possible and leave the USA .
My advice to you on this matter is to return home and let your husband file for you to return in the USA since u r now married. to be honest the chances of u getting that visa is veryyyyy slim because of many reasons.
(a) you were maried weeks after dating. this marriage can be inturpreted as one of convenience.
(b) you were employed on a visitors visa
(c) you got engaged without the permission from USCIS (fiance visa)
(d) you lied to the immigration officials at the airport. Meaning u approached them with reasons that did not include work, engagement and marriage.

So my dear remaining in the USA at this time can affect your ability when filing for legality eg Green card and work permit.

Kindly contact 1 800 375 5283 or TTY 1 800767 1833
OR GET YOURSELF A VERY GOOD LAWYER

I am very sorry u did not seek advice before u got married or file for extension of nonimmigrant status. Your now husband should know better.