Immigrant Status married to GF on Tourist Visa

[yankee 0]

To All fellow VJs;

My nephew in Maryland is still on his Immigrant STatus, meaning they are here only for 3 years when his grandfather petitioned his Mom. He marry his GF who got a tourist visa? my question is what they need to make his wife to live her legally(not sure the status term of his wife), or what they need to do apply since they haven't get their citizenship cause they afraid someone may tell immigration about the status of his wife. His wife want to work so she can help with the financial matters.

any suggestion and response to this matter is highly appreciated.

best regards to all.

[N360 0]

To All fellow VJs;

My nephew in Maryland is still on his Immigrant STatus, meaning they are here only for 3 years when his grandfather petitioned his Mom. He marry his GF who got a tourist visa? my question is what they need to make his wife to live her legally(not sure the status term of his wife), or what they need to do apply since they haven't get their citizenship cause they afraid someone may tell immigration about the status of his wife. His wife want to work so she can help with the financial matters.

any suggestion and response to this matter is highly appreciated.

best regards to all.

I know for a fact that one does not have to be a US citizen to file a CR1 visa for his/her spouse. One can file for spousal visa even as an LPR.

However, since he's wife is already here in the US, your nephew might not even need to file for CR1. He might just need to file AOS.

Someone here might have a more definitive answer.

[sunandmoon 450]

To All fellow VJs;

My nephew in Maryland is still on his Immigrant STatus, meaning they are here only for 3 years when his grandfather petitioned his Mom. He marry his GF who got a tourist visa? my question is what they need to make his wife to live her legally(not sure the status term of his wife), or what they need to do apply since they haven't get their citizenship cause they afraid someone may tell immigration about the status of his wife. His wife want to work so she can help with the financial matters.

any suggestion and response to this matter is highly appreciated.

best regards to all.

I know for a fact that one does not have to be a US citizen to file a CR1 visa for his/her spouse. One can file for spousal visa even as an LPR.

However, since he's wife is already here in the US, your nephew might not even need to file for CR1. He might just need to file AOS.

Someone here might have a more definitive answer.

I do not have definitive answer, but in for a long wait for I-130 to approve if now an LPR.

[N360 0]

I do not have definitive answer, but in for a long wait for I-130 to approve if now an LPR.

This is correct Roy. If the OP's nephew has to go through the CR1 route, its going to be a very long wait for LPRs.

However, the wife is already here in the US. So the "wait" really arent going to be as bad as the ones that are separated. Also, once the nephew becomes a US citizen, he can "upgrade" his petition.

[payxibka 10,044]

However, since he's wife is already here in the US, your nephew might not even need to file for CR1. He might just need to file AOS.

Not available for an LPR, only if a USC.

[N360 0]

However, since he's wife is already here in the US, your nephew might not even need to file for CR1. He might just need to file AOS.

Not available for an LPR, only if a USC.

Ah. Ok. Thanks fwaguy.

[yankee 0]

To All fellow VJs;

My nephew in Maryland is still on his Immigrant STatus, meaning they are here only for 3 years when his grandfather petitioned his Mom. He marry his GF who got a tourist visa? my question is what they need to make his wife to live her legally(not sure the status term of his wife), or what they need to do apply since they haven't get their citizenship cause they afraid someone may tell immigration about the status of his wife. His wife want to work so she can help with the financial matters.

any suggestion and response to this matter is highly appreciated.

best regards to all.

I know for a fact that one does not have to be a US citizen to file a CR1 visa for his/her spouse. One can file for spousal visa even as an LPR.

However, since he's wife is already here in the US, your nephew might not even need to file for CR1. He might just need to file AOS.

Someone here might have a more definitive answer.

Thanks for this..so they need to apply for aos and when he become a citizen they can upgrade for what? I understand that 1-94 is needed for aos and his wife came here as a student visa (sorry not tourist), do u think it won't affect his status. I read on (http://www.uscis.gov/files/nativedocuments/M-618.pdf )some of the Right and Responsiblity of a Permanent Resident..they are afraid that the need to go home first or what.

[payxibka 10,044]

Thanks for this..so they need to apply for aos and when he become a citizen they can upgrade for what? I understand that 1-94 is needed for aos and his wife came here as a student visa (sorry not tourist), do u think it won't affect his status. I read on (http://www.uscis.gov/files/nativedocuments/M-618.pdf )some of the Right and Responsiblity of a Permanent Resident..they are afraid that the need to go home first or what.

The spouse of an LPR CANNOT file an I-485 application to adjust status directly from within the USA. This benefit is available only to a spouse of a USC.

[yankee 0]

Thanks for this..so they need to apply for aos and when he become a citizen they can upgrade for what? I understand that 1-94 is needed for aos and his wife came here as a student visa (sorry not tourist), do u think it won't affect his status. I read on (http://www.uscis.gov/files/nativedocuments/M-618.pdf )some of the Right and Responsiblity of a Permanent Resident..they are afraid that the need to go home first or what.

The spouse of an LPR CANNOT file an I-485 application to adjust status directly from within the USA. This benefit is available only to a spouse of a USC.

Thanks..So They need to wait to become a USC? What do you think they need to do so his wife can live here legally?

[yankee 0]

Thanks for this..so they need to apply for aos and when he become a citizen they can upgrade for what? I understand that 1-94 is needed for aos and his wife came here as a student visa (sorry not tourist), do u think it won't affect his status. I read on (http://www.uscis.gov/files/nativedocuments/M-618.pdf )some of the Right and Responsiblity of a Permanent Resident..they are afraid that the need to go home first or what.

The spouse of an LPR CANNOT file an I-485 application to adjust status directly from within the USA. This benefit is available only to a spouse of a USC.

My nephew and his wife got married three months after she got here in US, meaning her J-1 (internship)visa was not expired yet but it will be 6mos only. she was able to work and got her SSN too.

[ao_cons 1]

He doesn't have to be a US citizen to petition her. So long as he is a legal permanent resident, it's fine. I think what's needed is Adjustment of Status which would make her an LPR like him. Why don't you ask in this section instead? http://www.visajourney.com/forums/index.php?showforum=112 You might get more accurate information there.

[filirican 3]

good luck