Visitors Visa to Green Card

[immihelpseeker 1]

A friend is looking for a very specific immigration advice. He is a green card holder not eligible for U.S Citizenship in the recent future. He recently got married and post his marriage, his wife applied for a visitors visa and got it successfully.

The wife is now in U.S on a visitors visa. They are now thinking of filing for an adjustment of status for the wife so she does not have to go back and can stil obtain a Greencard.

Questions -

1) Is adjustment of status the right way to go about it?

2) once adjustment of status is filed, can she stay in the U.S untill she finally get a G.C?

3) Can she start work after adjustment of status is approved and her G.C is pending.

Thanks in advance.

[Merrytooth 5,748]

As as Green Card holder, he can only file I-130 petition and his wife will fall under F2A family reference category which takes about 2 years.

Meanwhile, the wife should not overstay in US.

Edited April 29, 2016 by Merrytooth

[immihelpseeker 1]

As as Green Card holder, he can only file I-130 petition and his wife will fall under F2A family reference category which takes about 2 years.

Meanwhile, the wife should not overstay in US.

Does it mean an adjustment of status cannot be filed and she has to necessarily go back?

[myao 15]

she can't file adjustment of status and she has to return to her country..

[marianath 27]

A friend is looking for a very specific immigration advice. He is a green card holder not eligible for U.S Citizenship in the recent future. He recently got married and post his marriage, his wife applied for a visitors visa and got it successfully.

The wife is now in U.S on a visitors visa. They are now thinking of filing for an adjustment of status for the wife so she does not have to go back and can stil obtain a Greencard.

Questions -

1) Is adjustment of status the right way to go about it?

She cannot do Adjustment of Status, They can file for I-130 petition and it will take 2 years.

2) once adjustment of status is filed, can she stay in the U.S untill she finally get a G.C?

Sorry but the answer is NO, wife cannot stay in the USA unitl I-130 petition is approved/finished.

She is lucky that she can visit the husband because of the tourist visa.

3) Can she start work after adjustment of status is approved and her G.C is pending.

NO, she has to go back home.

Thanks in advance.

Edited April 29, 2016 by marianath

[Harpa Timsah 13,258]

1. No.

2. No.

3. No.

[Joey & NaYa 13]

Questions -

1) Is adjustment of status the right way to go about it?

Only spouses of U.S citizens can file adjustment of status based on marriage. If she files, she will be denied.

2) once adjustment of status is filed, can she stay in the U.S until she finally get a G.C?

Even if it was possible, she couldn't start working until she receives an Employment Authorization Documen t(EAD)

3) Can she start work after adjustment of status is approved and her G.C is pending.

Even if it was possible, she would have appllied for and received an EAD which would allow her to work while waiting for GC. As a matter of fact, you receive your EAD even before AOS Interview and sometimes even before I-130 is approved.

For their case, the best way to go is for her not to overstay her Visa. The husband can file I-130 ASAP. She would stand a better chance of applying for another visa (provided she doesn't already have a 5+ year multiple) and visiting her husband with that. At least until the time her I-130 is ready for Interview or when husband becomes a citizen and changes petition from F2A to CR1/IR1 whichever is earlier.

[Shauneg 762]

Does it mean an adjustment of status cannot be filed and she has to necessarily go back?

Yes, that's what that means, tell them to stop trying to circumvent immigration procedures.

[KierenHby 897]

He recently got married and post his marriage, his wife applied for a visitors visa and got it successfully.

She shouldn't push her luck; it's hard to get a tourist visa for potential i130 applicants.

The wife is now in U.S on a visitors visa. They are now thinking of filing for an adjustment of status for the wife so she does not have to go back and can stil obtain a Greencard.

Husband can file i130; she needs to go back and await her turn just like everybody else in line and not try to circumvent immigration procedures.

[newacct 688]

1) Is adjustment of status the right way to go about it?

Only spouses of U.S citizens can file adjustment of status based on marriage. If she files, she will be denied.

Not true. People in any category can file Adjustment of Status when they are in the US in legal status and their petition priority date is current for their category. It's just that currently the wait in the F2A category would be longer than she can stay even if they file the petition now.

[Joey & NaYa 13]

Not true. People in any category can file Adjustment of Status when they are in the US in legal status and their petition priority date is current for their category. It's just that currently the wait in the F2A category would be longer than she can stay even if they file the petition now.

You are right. I meant to say only spouses of US citizens who have overstayed their visa can file AOS

[discoverusa 229]

She would be able to adjust if she was here on other non - immigrants visa that allows longer stay. For example F 1 or H1B.

Provided she is in legal non immigrants status she can adjust when visa number is available in about 2 years.

Or go home and visit regularly during the process is pending.

[Jawaree 717]

Did he disclose the fact her husband lived in the US on tourists petition,

and she wont be in legal status long enough to adjust