Foreign Spouse in States on Tourist visa. Can my spouse switch to something more permanent?

[HumanHuman 0]

My spouse and I have been married for more than two years while I was abroad. I am back in the States. The spouse has been visiting me for approximately 2 months on a 6-month multiply entry visa. I am waiting for my first tax return in several years to be returned to me from the IRS. An ITIN number rejection has just been sent to us. It has been suggested that no change of intent of stay should be made within 60 days of the spouse's arrival.

We have all the documents possible from China. I have a job which can support both my spouse and myself.

Any ideas on the best way to proceed?

Edited June 14, 2016 by HumanHuman

[A'n'L 735]

You're a USC? You both plan to live permanently in the US? Your wife has no urgent business outside the US? If so, adjustment of status based on marriage is your path. Follow this guide:

http://www.visajourney.com/content/i130guide2

There's no such thing as a 60-day rule. File whenever you want. Good luck:-)

Edited June 14, 2016 by A'n'L

[JFH 12,190]

We have all the documents possible from China.

Did she bring them with her intending to stay? Matters not now anyway as she is here and obviously satisfied the CBP officer on arrival that she did not intend to stay. But now that she is here, she can adjust status if she is the spouse of a US citizen.

[Penguin_ie 5,994]

***** Moving from CR-1 spousal visa to AOS from Tourist visa forum as this seems OP's best option *****

[HumanHuman 0]

A'n'L: Much appreciated. We were looking at another path before looking at the i-130 more closely. Below you can see what I imagine the process to be. I plan on fleshing it out and figuring out how I can get all the documents ready.

JFH: She did not bring all of her documents with the intention of staying. I told her to bring the documents based on my personal beliefs (I always brought all of my documents when traveling. It has helped me extensively when crossing some borders).

Penguin_ie: I'm not sure about the CR-1 spousal visa. Right now she holds a valid B-2 visa.

Here is my current line of thinking: http://i.imgur.com/WMA6K5k.png

[akihon 129]

Penguin_ie: I'm not sure about the CR-1 spousal visa. Right now she holds a valid B-2 visa.

He should move it. I believe your wife is already in the US, right?

[HumanHuman 0]

akihon: What do you mean about move it? Change her B-2 to a CR1? Thanks for your time.

I believe "CR" to be "conditional resident" (bear with me, I'm clueless):

Conditional Residence (CR) Visa: If you have been married for less than two years when your husband or wife (spouse) gets lawful permanent resident status (gets a green card), then your spouse gets residence on a conditional basis. After two years, you and your spouse must apply together to DHS to remove the condition to the residence. Learn about how to apply for a CR visa on our Immigrant Visa for a Spouse webpage.

I have been married to my spouse for more than two years. I'm not sure if CR works for our situation, but I will look into it further.

Right now I'm investigating whether or not I should submit the I-130 and I-485 together and figuring out what the shortest (time) path to finishing the process is. I will post my findings sooner.

[akihon 129]

akihon: What do you mean about move it? Change her B-2 to a CR1? Thanks for your time.

I believe "CR" to be "conditional resident" (bear with me, I'm clueless):

I have been married to my spouse for more than two years. I'm not sure if CR works for our situation, but I will look into it further.

Right now I'm investigating whether or not I should submit the I-130 and I-485 together and figuring out what the shortest (time) path to finishing the process is. I will post my findings sooner.

I mean that the mods might move this to the "adjusting from a tourist visa" boards instead of here. But that is assuming your wife is already in the US.

If she is not, then the IR-1 is what you would be looking into.

If she is, then you are already on the right track. You should submit the I-130, 485, 131 and 765 at the same time.

Edited July 27, 2016 by akihon

[MacUK 983]

A'n'L: Much appreciated. We were looking at another path before looking at the i-130 more closely. Below you can see what I imagine the process to be. I plan on fleshing it out and figuring out how I can get all the documents ready.

JFH: She did not bring all of her documents with the intention of staying. I told her to bring the documents based on my personal beliefs (I always brought all of my documents when traveling. It has helped me extensively when crossing some borders).

Penguin_ie: I'm not sure about the CR-1 spousal visa. Right now she holds a valid B-2 visa.

Here is my current line of thinking: http://i.imgur.com/WMA6K5k.png

Doesn't matter now because she's in the US.

But for anyone else reading that could possibly be the worst advice possible.

How would it look to a Border Agent, who is already looking for people trying to fraudulently immigrate, if someone arrives in the US as a temporary visitor holding all the paperwork they need to immigrate.

While it may or may not be the case, that person may as well be wearing a T-shirt saying "I'm immigrating"!