Filing for Adjustment of Status on Tourist visa

[ABdbest 2]

Hi All, I am currently on tourist visa in USA and please find below my details to fully understand my situation. I was working in India in good company from 2009 to February 2014.

Sep 2012 : I met the lady who is a USA citizen and we became friend and went on a date couple of times. We communicated through phone and at the time of leaving states, we shared our Skype contact to communicate in future. (5 days trip to New York)

Feb 2013 : We decided to meet again and I came back in Feb 2013 and we spent good time together. (13 days trip to NY/NJ)

Oct 2013: I came back to meet her and we spent good time together. (5 days trip to NY/NJ)

Nov 2013: Again it was 4 days short trip. So we can spent good time together.

I asked her to come to India but she can't travel because of her health reason. As she was and currently also going through her stomach problems and back problems.

Feb 2014 : I came back and we spent good time and we were very close to each other then. (13 days trip to NY/NJ). She proposed to me when I was in India in Feb after my trip for marriage via Skype video call and I accepted the proposal.

She suggested me that in the company in which she is working, they are outsourcing their process to Indian company and she recommended my profile to the Indian company. I joined the Indian company in March 2014 but I was in the same process of company where she is working in USA and we started communicating easily through company communicator and company emails.

May 2014: I came back to USA on company project now to the same company where she is working. We dated each other during that time as well. It was very good to see her in the same office each and every day. (35 days trip to NJ)

Sept 2014 : I came back to USA without informing my company as they were not giving me leave and we both have to meet as we can't stay separated for so long. (9 days trip). When I went back to India, my company has removed me from the company because of that number of leaves.

Oct 2014: I came back to USA like my last normal trips but we were missing each other lots and it was very hard for both of us to leave every time. So, we decided during that trip to get marry. We got married in Nov 2014. As she can't come to India so I didn't have any other way of living together. Since our marriage till date now January 22nd 2015, I am living separately in an apartment and she visit me quiet often. May be next month in Feb 2015 we will start living together. I can show them, our marriage certificate, health insurance, living together proof, joint bank account, all travel tickets, USA stayed guest house receipts of last trips, same company project letter, her medical reports, some photographs etc.

My visit in USA is valid till April 7th 2015.

Kindly advice, Should I opt for adjustment of status now or should I go for the consular processing in my country? What issues do you think are there in my case? And what I need to care to rectify them? How much time do you think will take in the whole process?

[JohnR! 5,495]

If you're in the US currently you can apply for AOS. Be prepared to stay put for the next 6 months - you won't be able to leave until your AP is on hand.

Follow the instructions here ---> http://www.visajourney.com/content/i130guide2

Congrats and good luck!

[Boiler 43,433]

Do you need to return to India in the near future, sounds like you do not.

Nice to hear about all the good times.

[ABdbest 2]

Thanks for replying. No I don't need to travel back to India but as I am not working so my wife who is a US citizen is supporting me on everything.

[Boiler 43,433]

Then adjust away.

[ABdbest 2]

And there is one more thing, we have an age difference of 16 years. She is 16 years older than me.

[JohnR! 5,495]

In that case you would be well within the law if you were to decide to go the AOS route.

Thanks for replying. No I don't need to travel back to India but as I am not working so my wife who is a US citizen is supporting me on everything.

[Pitaya 2,576]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Inquiry about AOS from Tourist visa~

[ABdbest 2]

Thanks all for replying !! But what do you think, that my case is simple or difficult to get green card? Can I get the temporary work permit as soon as after applying for adjustment of status as I don't want to be dependent on my wife?

[JohnR! 5,495]

If your marriage is for real you shouldn't have any issues. When you start the AOS process you can also apply for EAD, which is a temporary work permit while your application is being adjudicated. The EAD/AP combo should take 90 days [average] from when you apply. Once you have your EAD on hand you can start working in the US legally. Check out the link in my earlier reply.

Thanks all for replying !! But what do you think, that my case is simple or difficult to get green card? Can I get the temporary work permit as soon as after applying for adjustment of status as I don't want to be dependent on my wife?

[Boiler 43,433]

EAD allow 90 days.

Age difference I would imagine you will have an easier time adjusting in US than interviewing in India.

[JohnR! 5,495]

Follow this link: ---> http://www.visajourney.com/forums/topic/532837-filing-for-adjustment-of-status-on-tourist-visa/

Good luck!

Edited January 22, 2015 by JohnR!

[kzielu 1,147]

I don't think you have any issues, would definitely file for AoS. Work permit takes up to 90 days after filing, whole process length depends on how busy your local office is since you will be interviewed,

[sadavis5 46]

Since our marriage till date now January 22nd 2015, I am living separately in an apartment and she visit me quiet often. May be next month in Feb 2015 we will start living together. I can show them, our marriage certificate, health insurance, living together proof

If you're not living in the same apartment, then you don't have proof of living together. You should have a good explanation as to why a married couple couldn't live together for 3 months. Wait until you are both on the same lease before sending in the AOS paperwork.

[ABdbest 2]

Thanks all for your reply. The only explanation to not living together is because she has problems with her mother and she want to give notice to her mother that she will going to live separately. And her mother doesn't know about out marriage as she always has issues with her mother in the past. Do you think this explanation work? Yes I will obviously apply for adjustment of status once we will move together in an apartment and we will have lease.