# apply to stay from within the usa?



## LaraMascara (Oct 19, 2012)

If you are a USA citizen, and you bring your spouse into the USA for a 3 month holiday, and you then both decide that you want to stay, can you then apply for them to legally remain... from within the USA?


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## Bevdeforges (Nov 16, 2007)

I'm assuming you mean your spouse entered the US on a VWP (visa waiver). If that's the case, I suspect the answer is "no." Or it is extremely risky to attempt that route, because if you're turned down, it will have long-term effects.
Cheers,
Bev


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## LaraMascara (Oct 19, 2012)

I mean if they just enter on a tourist visa. 

And as far as meeting qualifications, those could be met. So, there would be no reason for them to be turned down. 

It would be a straightforward application.


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## Davis1 (Feb 20, 2009)

LaraMascara said:


> If you are a USA citizen, and you bring your spouse into the USA for a 3 month holiday, and you then both decide that you want to stay, can you then apply for them to legally remain... from within the USA?


The visa waiver express is not the proper way ...it has been done and some are successful and some are not 
USCIS seem to let it go for a while and then say no to all of them ..

if success is your main criteria ..get the approved and correct 
fiancee K-1 visa

for a fiancee visa 
K1 Process Flowchart

US Citizen can apply for a special visa to allow a non-citizen (their fiancée) to enter the country in order to get married to a US citizen inside the US.

Once issued, the K1 visa will allow the non-citizen to enter the United States legally, for 90 days in order for the marriage ceremony to take place. Once you marry, the non-citizen can remain in the US and may apply for permanent residence. While USCIS processes the application, the non-citizen can remain in the US legally

You income must meet the require minimum to fulfill the affidavit of support
The alien should have no criminal record


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## LaraMascara (Oct 19, 2012)

Thank you, I know that process. 

But, I am asking about them entering on a tourist visa, and then applying to stay. 

I understand that it is not the 'done thing' but I want to know if it can be done.


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## Davis1 (Feb 20, 2009)

LaraMascara said:


> I mean if they just enter on a tourist visa.
> 
> .


there lies the problem ..the visa waiver is not a visa .. it a promise that you will leave on time and will not try to adjust status
the number of day is a max 90 and cannot be extended


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## LaraMascara (Oct 19, 2012)

Right... So, is it illegal? 

It cannot be done?


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## Davis1 (Feb 20, 2009)

LaraMascara said:


> Right... So, is it illegal?
> 
> It cannot be done?


iit can be done ..but its not an approved method 
but if you want to try it... of course you can ..

but more haste.. less speed


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## twostep (Apr 3, 2008)

LaraMascara said:


> Right... So, is it illegal?
> 
> It cannot be done?


The spouse enters the US under the premise of no immigration intent aka "vacation". Please read up on VWP. AoS can be applied for and ahs been applied for in the past. It is a gamble. It gets approved - great! It does not get approved - a big mess!

K1 - fiance visa
CR1 or DCF - already married

"I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations."


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## Guest (Feb 5, 2013)

Yes it can be done. Whether or not it does for everyone- who knows.


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## Guest (Feb 5, 2013)

Bloody phone- 

Anyway, We hadn't planned on my husband staying- he had his return ticket in hand, property, essentials still back in his country, etc. but we fell pregnant. So when his tourist visa was about to end and he was about to fly out we consulted a lawyer who promptly started the procedure for hubby to stay. Roughly a week before his flight out. Our lawyer was only concerned with how my husband entered the country- needed to be legally. 
She did say we ran the chance of hubby being immediately removed from the country - but it was worth taking considering our current situation.  
We loved our lawyer- she did wonders keeping our growing family together, and were currently consulting with her about applying for citizenship.


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## twostep (Apr 3, 2008)

ABear said:


> Bloody phone-
> 
> Anyway, We hadn't planned on my husband staying- he had his return ticket in hand, property, essentials still back in his country, etc. but we fell pregnant. So when his tourist visa was about to end and he was about to fly out we consulted a lawyer who promptly started the procedure for hubby to stay. Roughly a week before his flight out. Our lawyer was only concerned with how my husband entered the country- needed to be legally.
> She did say we ran the chance of hubby being immediately removed from the country - but it was worth taking considering our current situation.
> We loved our lawyer- she did wonders keeping our growing family together, and were currently consulting with her about applying for citizenship.


You were one of the lucky ones!!!


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## Crawford (Jan 23, 2011)

LaraMascara said:


> Right... So, is it illegal?
> 
> It cannot be done?


It is not considered illegal if one entered the country with the true intention of leaving at end of stay, but because of unforeseen circumstances one now wanted to stay.

*The onus is on the immigrant to prove that they did not have intent to stay when they entered the country.
*

Many people have changed status while in the country. Some have been successful, some not. It all depends on the individual circumstances.

If not successful, there is no means of appeal and the intending immigrant leaves the country pronto.

Since you are already asking about it, your intent is suspect.


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## LaraMascara (Oct 19, 2012)

Haha... Mt intent is not suspect. I'm asking because I have an American friend there, on holiday with her UK hubby, and they were both offered a job with the same company. But the company cannot secure him a work visa. 

Thank you everyone!


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