Permanent resident

[tonyzg97 20]

Hi there,

 

Can a permanent resident's wife who came legally to the US(Tourist Visa) to the US apply for adjustment of status?

 

Thanks

Edited July 15, 2017 by tonyzg97

[milimelo 4,500]

No. 

[BenjaminKeating 114]

7 minutes ago, tonyzg97 said:

Hi there,

 

Can a permanent resident's wife who came legally to the US(Tourist Visa) to the US apply for adjustment of status?

 

Thanks

No x2.

[Roel 7,192]

Nope. You can file spouse visa. It takes about 2 years. But she can't stay in the USA. She can't have any illegal status. 

[f f 725]

if she had a i130 filed previously and her priority date is current then yes she can. but she can not concurrent file and any overstay will disqualify her from filing the aos in the us.

 

also it does depend on how the husband got is greencard since if it was through a previous marriage there are additional conditions that must be met.

[tonyzg97 20]

I got my residency through my dad.

Then my question is what does this means"https://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers" it looks like this will apply as long as the person you want to marry stays unlawfully and then just submits a waiver? Am I understanding correctly?

[Unlockable 7,315]

No.

 

You must be a US citizen to adjust the status of your wife. You are not. You are a permanent resident. 

 

You will have file a spousal visa as mentioned. Your wife can continue to visit you in the meantime. If she overstays her visits she may be in jeopardy of having her visitor visa revoked.

 

 

[Crazy Cat 41,979]

"Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers  before they leave the United States for their consular interview."- quoted from the OP's link.

[tonyzg97 20]

Okay then I must be a USC first to take advantage of the waiver.

 

Thanks for the information