Jump to content
skanaga

Adjustment of Status when wife Entering in Tourist visa

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

 Share

5 posts in this topic

Recommended Posts

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.

Link to comment
Share on other sites
Boiler Grand Master

Boiler   43,433

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.”

Link to comment
Share on other sites
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!

Link to comment
Share on other sites
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!

Link to comment
Share on other sites
skanaga Rookie

skanaga   0

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

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.

Thank you all for your wonderful Replies.

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...