Spousal visa (adjust status) while already in US

[JulesOz 6]

Hey Visa Journey community,

 

I'm wondering if anyone has information (or has applied) for an adjustment of status based on a US spouse while they were already in the US? I arrived in the US 2 months ago on a tourist visa (have been back and forth with my partner for 5 years), and at the time my wife and I weren't planning on getting married. But plans change and we've decided to speed up our process and stay in the US for a little longer this year. Now I want to go for an adjustment of status so I can get a residency and travel/work authorization. It'd be great to speak with others about this topic  

 

** Additionally, if anyone has experience, recommendations or information on how to apply when you haven't had a solid residential address, as well as being a freelancer, that'd be awesome.

 

Thanks

[geowrian 22,335]

Yeah, you can adjust status from a tourist visa as the spouse of a USC. Just follow the guide here:

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

 

I can't speak for the solid residential address piece, but as a freelancer, you are self-employed. You will need to show that you are able to support your spouse via an I-864....requiring 3 years of tax returns (transcripts preferred, which are free). You must show that your income is 125% of the federal poverty line for your household size, or use 3x the difference in assets if income is insufficient. You may also use a joint sponsor if you don't meet the requirements by yourself.

[JulesOz 6]

Thanks a lot Geowrian, I think we're going to use the I-864 with my spouses parents in the US because a lot of our income over the last couple of years has been 'under the table' and via different accounts while we travel and work. So we might need something a little more official on the books. Thanks for the link

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[geowrian 22,335]

18 minutes ago, JulesOz said:

Thanks a lot Geowrian, I think we're going to use the I-864 with my spouses parents in the US because a lot of our income over the last couple of years has been 'under the table' and via different accounts while we travel and work. So we might need something a little more official on the books. Thanks for the link

USCIS isn't the IRS but they will look at the tax transcripts, in part, to determine if the requirements are met.

 

Having a joint sponsor is probably for the best. Good luck.