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Filed: F-1 Visa Country: Costa Rica
Timeline

Hi there,

 

Can a permanent resident's wife who came legally to the US(Tourist Visa) to the US apply for adjustment of status?

 

Thanks

Edited by tonyzg97
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7 minutes ago, tonyzg97 said:

Hi there,

 

Can a permanent resident's wife who came legally to the US(Tourist Visa) to the US apply for adjustment of status?

 

Thanks

No x2.

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Nope. You can file spouse visa. It takes about 2 years. But she can't stay in the USA. She can't have any illegal status. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: Country:
Timeline

if she had a i130 filed previously and her priority date is current then yes she can. but she can not concurrent file and any overstay will disqualify her from filing the aos in the us.

 

also it does depend on how the husband got is greencard since if it was through a previous marriage there are additional conditions that must be met.

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Filed: F-1 Visa Country: Costa Rica
Timeline

I got my residency through my dad.

Then my question is what does this means"https://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers" it looks like this will apply as long as the person you want to marry stays unlawfully and then just submits a waiver? Am I understanding correctly?

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No.

 

You must be a US citizen to adjust the status of your wife. You are not. You are a permanent resident. 

 

You will have file a spousal visa as mentioned. Your wife can continue to visit you in the meantime. If she overstays her visits she may be in jeopardy of having her visitor visa revoked.

 

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: Citizen (apr) Country: Taiwan
Timeline

"Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers  before they leave the United States for their consular interview."- quoted from the OP's link.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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