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skanaga

Adjustment of Status when wife Entering in Tourist visa

By skanaga in Adjustment of Status from Work, Student, & Tourist Visas

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skanaga Rookie

skanaga   0

Posted
Filed: AOS (pnd) Country: India
 Timeline
Posted

Hi, I have currently filed for my Adjustment of Status under EB2 Category. I am expecting my priority date to become current in the July Visa Bulletin.

My Wife does not currently have L2 visa. She has a Tourist Visa. She is currently in India.

Can she enter into US and then once she is here, Can I file for her Adjustment of Status?

Is it legally allowed to file for Adjustment of Status when some has entered in Tourist visa.

I have also filed for my L2 Extension. I am not sure when that will get approved or denied (It is more than 3 Months Since I had filed)

Thanks.

Boiler Grand Master

Boiler   45,664

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

No

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

No, entering on a tourist visa with the intent to immigrate is visa fraud and illegal.

Furthermore, your wife's priority date would not be current for years.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Hi, I have currently filed for my Adjustment of Status under EB2 Category. I am expecting my priority date to become current in the July Visa Bulletin.

My Wife does not currently have L2 visa. She has a Tourist Visa. She is currently in India.

Can she enter into US and then once she is here, Can I file for her Adjustment of Status?

Is it legally allowed to file for Adjustment of Status when some has entered in Tourist visa.

I have also filed for my L2 Extension. I am not sure when that will get approved or denied (It is more than 3 Months Since I had filed)

Thanks.

No, she can't adjust status from a tourist visa. She should apply for an E-21 visa as the spouse of an EB-1 visa holder. After entering with an E-21 visa she can apply for AOS.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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