from a tourist visa to get a greencard

[jiggy&jiga 0]

Hello everyone!!

We got married with my husband in US when I was on J-1 visa..I went back to my country to graduate from college..I decided to come back to America,but we never had time or money to apply for immigration,so at that time we chose the tourist visa,the fastest way to come here.Now we are almost done with our paperworks but we dont know how to figure out to get into greencard process from a tourist visa:(Will it cause a lot of trouble?is there anyway to make things better???

Thanks!!

[Old Dominion 26]

So long as you can prove that you have a bona fide marriage, go ahead and file. You need also to file the I-131 for an extra fee. Their approval of the I-131 is needed before the AOS will be processed, but it doesn't delay anything.

[jiggy&jiga 0]

We were about to send the package so We have already filed the I-131 with others..I was originally just gonna visit and go back,things changed I decided to stay here..I dont know,as we were married when I entered with a tourist visa,now trying to get the greencard,all makes the process slower and hard???

[Old Dominion 26]

If your tourist visa application made it clear you were married to a USC, you're good to go. If not, then fraud could be a serious issue, and you should return to Turkey to await the granting of a CR-1 visa in 6-8 months.

[jiggy&jiga 0]

I told them I was married at the interview and on my visa it is written that "To visit American citizen husband in the US".Everything was clear except instead of visiting,I decided to stay??

[Old Dominion 26]

Usually they will not grant such visas. You are OK, then, to go ahead and file for the AOS. Do it before the tourist visa expires.

[Penguin_ie 5,986]

The speed of the process won't be affected, but yes, it will be hard. The fact that you were here before, and married to a USC, will make them suspicious. Just make sure you have plenty of evidence that you intended to return home such as letter from employer when you were expected back, return ticket, lease or ownership of home in the foreign country etc.

[jiggy&jiga 0]

Thank you guys for your help!!we need to decide if we should take the risk or not:(

[jiggy&jiga 0]

One more thing,if we do decide to send our papers now,In form I-485,in part 2,we couldnt find the box which suites our condition??

[engineer21 51]

One more thing,if we do decide to send our papers now,In form I-485,in part 2,we couldnt find the box which suites our condition??

check box 'A' because you will be sending/attaching i-130, which is the immigration petition they are talking about in part A.

[Old Dominion 26]

Yes, it's a risk. You do need to prove that you have a serious marriage in all respects, and in the interview behave that way. Usually they tend to overlook overstaying a visa in favor of recognizing the strength of the marriage. It may depend to an extent on how quickly this all occurred; did you make this decision soon after you came to the US? Do you have US friends who can sign an affidavit that your original intention was to go back to Turkey?

[jiggy&jiga 0]

Hello again!

I have US friends who can sign an affidant for us.It might be easy to show how our marriage is serious because,he came to visit me 3 times to Turkey,I came to visit him two times,maybe it will work if we show our plane tickets??I was in the college so thats why we couldnt live together for a while and he was in the basic traning for AirForce..I am in the States for 3 months now,I decided to stay after a month I arrived,so we have been working on the paperworks,we were all ready to sent except not being sure to send them or go back to Turkey..we are still filling out the last things in the paperworks,In I-485,'CURRENT USCIS STATUS' what should we write in that?we havent send anything to immigration office yet..Alien number is the same way,I guess,should we leave them all blanks???Thank you guys!!

[Leigh Ann 8]

Hello again!

I have US friends who can sign an affidant for us.It might be easy to show how our marriage is serious because,he came to visit me 3 times to Turkey,I came to visit him two times,maybe it will work if we show our plane tickets??I was in the college so thats why we couldnt live together for a while and he was in the basic traning for AirForce..I am in the States for 3 months now,I decided to stay after a month I arrived,so we have been working on the paperworks,we were all ready to sent except not being sure to send them or go back to Turkey..we are still filling out the last things in the paperworks,In I-485,'CURRENT USCIS STATUS' what should we write in that?we havent send anything to immigration office yet..Alien number is the same way,I guess,should we leave them all blanks???Thank you guys!!

Your current status = visitor (as long as that hasn't expired).

As others have said, as long as you can prove you're married & as long as you can show that you didn't have the intent to stay here on the tourist visa when you entered the country you should be fine.

[jiggy&jiga 0]

My visa hasnt expired yet,but is it also My curent Uscis status,I thought it would be something else??

[Bobby+Umit 161]

My visa hasnt expired yet,but is it also My curent Uscis status,I thought it would be something else??

It's not the expiration of your visa that determines your status in the US - it's your I-94.

When that expires (your authorized stay), you will be "out of status" and will be collecting unlawful presence days. (180+ = ban if you leave the US and attempt to return)

All explained here.