Do I need to do adjustment of status?

[AFD 2]

Hi everyone, I'm just writing to confirm something.

I lived in the US 11 years on non-immigrant visas (student and work visas). I got married in early 2010 while on an H1B visa and immediately moved to another country with my husband (we are in international relations so decided to go abroad). I thus gave up my H1B visa (did not apply for renewal because it was expiring while I was abroad--in September 2010--and I didn't intend to return to the States and the same employer anytime soon). I applied for and received a tourist visa to visit relatives and friends in the US (it is valid for 10 years) in December 2010. I still hold that visa but live abroad with my husband (as we have since the beginning of our marriage). We are now applying for a spouse visa for me and have been told I don't need to adjust status. Is that correct?

Thanks,

AFD

[Penguin_ie 6,002]

***** Moving from AOS to CR-1 visa forum *****

That is correct, but not because of your previous visas- it's just the way spousal visas work. You will receive a CR-1 visa if married less than two years or IR-1 visa if married more than two years. When you immigrate with this visa, it will lead to an immediate greencard (2 years conditional if married less than two years, ten year greencard if married more than two years). The physical greencard will take a few weeks or even months to arrive, but you will get a stamp in your passport's visa page which will act as a temporary greencard for one year, so you can work, travel etc immediately.

[canadian_wife 1,831]

No, if you enter the US on a Cr-1 or IR-1 spousal visa, there is no need to adjust status - you become a permenant resident the moment you are admitted into the US

Good luck

[AFD 2]

Thank you for the quick response!

***** Moving from AOS to CR-1 visa forum *****

That is correct, but not because of your previous visas- it's just the way spousal visas work. You will receive a CR-1 visa if married less than two years or IR-1 visa if married more than two years. When you immigrate with this visa, it will lead to an immediate greencard (2 years conditional if married less than two years, ten year greencard if married more than two years). The physical greencard will take a few weeks or even months to arrive, but you will get a stamp in your passport's visa page which will act as a temporary greencard for one year, so you can work, travel etc immediately.

Thanks for the quick response!

No, if you enter the US on a Cr-1 or IR-1 spousal visa, there is no need to adjust status - you become a permenant resident the moment you are admitted into the US

Good luck