his wife is a tourist but wants to stay and apply for AOS.

[beck26 1]

hello everyone, this question is actually not ours, we're helping a couple on their petition and they have this kind of problem:

he and his wife are living together for 16 years in germany (the guy is the US citizen), now they both came here in the US like, 2 months ago and his wife wanted to apply for a CR-1 visa...the only problem is she wanted to stay here in the states while waiting for the petition and according to her visa, she is a tourist and she can only stay

i advised them to file the whole I-130 (CR-1) and just add the I-485 (AOS), I-693 (medical exam) and I-765 (EAD) forms along with the I-130 forms (does that mean they need to pay for both I130 and I-485?)....

was that advise right or did i miss some things???, its kinda bothering me since his wife is a tourist and his wife dont have any I-95 or I-94 in her visa/....please help. i want them to get it right.

thanks a lot!!!

[newacct 688]

("CR-1 visa" is not applicable here. People doing AOS do not get an immigrant visa. They get a green card in the U.S. directly. Immigrant visas are only given to people doing consular processing.)

Basically, yes, your advice is correct. Those are the forms to fill out for AOS in the U.S. Yes, they need to pay for both I-130 and I-485.

If she came in on a tourist visa there is the question of when and how she decided to stay here and immigrate rather than just visit for a short time. If she had this intent before coming here and lied to the immigration officer that would be bad.

I am not sure what you mean by "don't have I-94 in their visa". They don't give paper I-94s anymore; you get one online at the website and print it out. That's assuming she came in on a visa; if she came in on visa waiver, then she will not have an I-94 at all, but that will still be okay.

[DavenRoxy 1,073]

Typically the applicant must remain in his/her country while waiting on a K3/CR-1 visa to process. But I think the case will be complicated because the petitioner must normally reside in the US. But it may depend on why he has been in Germany for so long... they may qualify for DCF. http://www.visajourney.com/content/dcf

Edited September 1, 2013 by DavenRoxy

[agnesb 47]

They will also need I-864 filled by a sponsor.

[DavenRoxy 1,073]

They will also need I-864 filled by a sponsor.

Most likely, because using DCF (which is why I posted the link), the sponsor must be residing in the US, which it seems the USC has not been. So another sponsor will most likely be needed.

[ValerieA 350]

Your advice is basically correct. As mentioned, they will not be applying for a visa, but applying to adjust status from the B-2 visa (or VWP...not sure which she entered on) to permanent resident. The guide is here: http://www.visajourney.com/content/i130guide2

I will ask the mods to move this to the AOS from tourist visa section; AOS from family visa is for those who entered on a K-1 (aka fiance) visa or the like.

[beck26 1]

thank you everyone, ill update them this maybe tomorrow. have a blessed day to all of you!!!