Hi, Can I file inside the USA if im in a tourist Visa?

[Mars85 0]

Hi,Im from Mexico and entered the USA with a tourist visa , i got married to a us citizen on July in Mexico, Is there any option that i can apply for form I 130 or spouse visa while im in the USA? my visa is for 6 months and we are expecting a child in November, we want the baby to be born in the US,Is there a possibility i can do the paperwork here or it has to be in Mexico?

thank you

[JohnR! 5,495]

Hi,Im from Mexico and entered the USA with a tourist visa , i got married to a us citizen on July in Mexico, Is there any option that i can apply for form I 130 or spouse visa while im in the USA? my visa is for 6 months and we are expecting a child in November, we want the baby to be born in the US,Is there a possibility i can do the paperwork here or it has to be in Mexico?

thank you

If you are already in the US you can file for AOS.

You can find the instructions on the link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD

Edited August 17, 2012 by Gegel

[deeee 2]

As far as i know, I think that would consider visa fraud. Because you are here to visit this country, friends and family and expect to go back to your country after your visit.

a B1/B2 visitor visa is not a dual intent visa. In other words, you should only have the intent to stay as a visitor and not to immigrate when you get the visa. You can stay here with your wife before your visitor visa expires.

when you enter this country, did they ask you what was the purpose of your visit? what did you tell the officer?

Maybe i could be wrong, so its better to call USCIS or NVC or lawyer. To get better view about this.

Edited August 17, 2012 by deeee

[deeee 2]

I forgot to say...

Your wife can apply for I130 right now, but i'm not sure about Adjustment of status while in a tourist visa. So make sure with USCIS about this.

But you can stay here until you get approved on your tourist visa and then go back before interview

Edited August 17, 2012 by deeee

[ValerieA 350]

You can apply to adjust your status while here in the US. Do not leave the US until you receive your AP or green card. Gegel has provided the link to you for the AOS process. I will request the mods to move this to the appropriate forum, where you will get helpful advice.

Oops, I see Gegel's link is the USCIS I-485. Here is the VisaJourney guide, which tells you all the forms you need to file: AOS Guide

Edited August 17, 2012 by ValerieA

[Kathryn41 3,205]

Topic has been moved from "CR-1/IR-1 visa" forum to"AOS from Work, Student & Tourist Visas" as OP is asking about adjusting from a Tourist Visa

Edited August 17, 2012 by Kathryn41

[deeee 2]

after reading above post....looks like i could be wrong about applying on tourist visa....so maybe you can apply AOS....

Edited August 17, 2012 by deeee