Spouse overstaying on tourist visa

[Deedee0613 2]

My brother who is US Citizen, is wanting to petition for his wife who is currently here in the U.S on a tourist visa (her 6 months stay expires on 04/2018). What forms does he need to fill out in order for her to receive a green card? And will she get an interview here in the US or would she have to travel to her country? Thanks in advance! 

[WeGuyGal 1,052]

Overstaying? 

[Deedee0613 2]

21 minutes ago, WeGuyGal said:

Overstaying? 

I say overstaying because her visa will probably expire and case will still be pending. 

[Nitas_man 3,100]

Did she enter with intent to file this petition?  Did they just get married or were they married when she arrived?

Edited November 26, 2017 by Nitas_man

[geowrian 22,335]

http://www.visajourney.com/content/i130guide2

[Ontarkie 13,904]

~~Moved to AOS from Work, Student and Tourist Visas, from Tourist Visas - As the OP's sister in law is already in the US and they are wanting to AOS now.~~

[Deedee0613 2]

14 minutes ago, Nitas_man said:

Did she enter with intent to file this petition?  Did they just get married or were they married when she arrived?

They married in September, she arrived in October. 

[JFH 12,189]

If she stays and adjusts, she won't be able to leave the country for many months. Doesn't she have a job or apartment back home? Sge also won't be able to work for many months. Is that feasible for them? 

[Coco8 1,039]

37 minutes ago, Deedee0613 said:

I say overstaying because her visa will probably expire and case will still be pending. 

If they file for AOS, once that is "pending" she is not overstaying any longer. 

 

I recommend filing as soon as possible. 

[Nitas_man 3,100]

Risky if they (USCIS) applies the 30/60 rule.  Misrepresentation can be automatically presumed.  Especially if they got married a month before entry.  Hard to overcome.

 

Edited November 27, 2017 by Nitas_man

[oncoming traffic 21]

27 minutes ago, Nitas_man said:

Risky if they (USCIS) applies the 30/60 rule.  Misrepresentation can be automatically presumed.  Especially if they got married a month before entry.  Hard to overcome.

this is blatant misinformation regarding the adjustment of status of a spouse from within the country after overstaying

for the record, the potential change to which you are referring is for immigration petitions filed outside of the united states adjudicated by the department of justice

[Boiler 43,401]

35 minutes ago, Nitas_man said:

Risky if they (USCIS) applies the 30/60 rule.  Misrepresentation can be automatically presumed.  Especially if they got married a month before entry.  Hard to overcome.

 

DoS rue not USCIS, OP is seeking to adjust in country.

[caliliving 606]

You are fine and overstating is forgiven when married to a us citizen. Just y iu can not leave until you get ap...you can not be denied a green card bc you overstayed as intent is given at the border!!!

 

File as soon as possible but don't be stressed if you file late as you won't be banned. 

[Starkilla09 366]

Your brother's wife is good and fine to adjust status in the U.S. Once her application gets received, she'll be on authorized stay until the application is adjudicated by USCIS several months down the road. She'll be able to get an employment authorization document (EAD) within 60 to 90 days, and can also get Advance Parole Document (AP) to temporarily leave the U.S. while her adjustment of status is pending if she decides to apply as well for one. She must not leave the U.S. under any circumstance prior to getting her AP or he adjustment of status application will be deemed abandoned, and she'll need an immigrant visa to be able to return to the U.S. 

[geowrian 22,335]

10 minutes ago, Starkilla09 said:

She'll be able to get an employment authorization document (EAD) within 60 to 90 days

It's closer to 4 months right now.