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AOS when married to a permanent resident?

By mymarriagejourney in Adjustment of Status from Work, Student, & Tourist Visas

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mymarriagejourney Community Regular

mymarriagejourney   112

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Filed: Citizen (apr) Country: Jordan
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Posted

I'm posting for some friends.  My husband and I are finished with immigration. ;)

 

One friend is a permanent resident/green card holder.  The second friend is her husband and is in the US on a tourist visa.  Is he able to adjust status or is that only an option when the spouse is a US citizen?

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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NigeriaorBust
NigeriaorBust

IF he stays until August there is a good chance he will miss the birth of his son.  HE won't be able to turn around and come right back.   IT might be better to leave soon and come back closer to the

Cyberfx1024
Cyberfx1024

If she never filed for any petition for him then no he can not stay and AOS. That option is only given for USC. Once she files for him then the wait time for a F2 is about 2 years right now. 

Just Paul
Just Paul

That is only for a USC.  He still needs to file the I-130/I-130A and the process will take about 2 years.   Make sure she leaves in time on her tourist visa and she might still be able to visit during

Cyberfx1024 Grand Master

Cyberfx1024   7,978

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
Just now, mymarriagejourney said:

I'm posting for some friends.  My husband and I are finished with immigration. ;)

 

One friend is a permanent resident/green card holder.  The second friend is her husband and is in the US on a tourist visa.  Is he able to adjust status or is that only an option when the spouse is a US citizen?

If she never filed for any petition for him then no he can not stay and AOS. That option is only given for USC. Once she files for him then the wait time for a F2 is about 2 years right now. 

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Just Paul Veteran

Just Paul   4,591

Posted
Filed: Citizen (apr) Country: Philippines
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Posted
7 minutes ago, mymarriagejourney said:

Is he able to adjust status or is that only an option when the spouse is a US citizen?

That is only for a USC.  He still needs to file the I-130/I-130A and the process will take about 2 years.   Make sure she leaves in time on her tourist visa and she might still be able to visit during the process

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Roel Experienced

Roel   7,191

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted

No, spouses of LPR cannot adjust status in the US. Especially when they can't keep legal status in the US for 2 years (impossible on tourist visa).

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

The spouse of an LPR can adjust from inside the USA but only if they happen to be here when their PD comes current and they are notified by NVC that a Visa number is available.   It is rare but it can happen in the right circumstances 

YMMV

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mymarriagejourney Community Regular

mymarriagejourney   112

Posted
Filed: Citizen (apr) Country: Jordan
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  • Author
Posted
31 minutes ago, AtlToBlr said:

 

Like if the spouse of LPR is here on a F-1 visa. I realize I am not adding a lot to the discussion by saying this lol. 

Thank you for this additional information.

 

The spouse is actually in the process of applying for a change of status from visitor to student.

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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sinyanmei92 Apprentice

sinyanmei92   8

Posted
Filed: F-2A Visa Country: Vietnam
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Posted
19 hours ago, mymarriagejourney said:

Thank you for this additional information.

 

The spouse is actually in the process of applying for a change of status from visitor to student.

If it;s a long term study (IE;  2-4 years) then it would work, but if not, your friend could be viewed as having an intention to stay in the States for adjustment of status and it would make her/his case look bad. I personally was a F-1 student visa before I met my husband (LPR) while I was still in school and the process took almost 2 years. (Pd 05/22/17), I just  got my interview yesterday and the waiting time still goes on, so your friend should be prepared for that. 

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Boiler Grand Master

Boiler   43,425

Posted
Filed: K-1 Visa Country: Wales
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Posted
19 hours ago, mymarriagejourney said:

The spouse is actually in the process of applying for a change of status from visitor to student.

Student, F1, is a non immigrant category and seems he wants to immigrate.

 

There are practical issues as well in doing this, but that is a different issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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mymarriagejourney Community Regular

mymarriagejourney   112

Posted
Filed: Citizen (apr) Country: Jordan
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  • Author
Posted

He does want to immigrate; I don't think there is any denying that.  But, he also wants to study computer science at a local university.  I'm staying out of the ifs ands or buts, honestly, and just trying to get practical information for them.

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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Boiler Grand Master

Boiler   43,425

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
On 4/2/2019 at 7:59 AM, mymarriagejourney said:

I'm posting for some friends.  My husband and I are finished with immigration. ;)

 

One friend is a permanent resident/green card holder.  The second friend is her husband and is in the US on a tourist visa.  Is he able to adjust status or is that only an option when the spouse is a US citizen?

This probably what has caused confusion.

 

Could you explain their situation, I know I am confused.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
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Posted (edited)
On 4/2/2019 at 12:22 PM, mymarriagejourney said:

Thank you for this additional information.

 

The spouse is actually in the process of applying for a change of status from visitor to student.

A student visa requires non-immigrant intent and a foreign home that the person intends to return to.   Immigrant intent means the student visa will be denied.   

 

NEVER EVER TRY TO ADJUST FROM A VISITOR VISA TO A STUDENT VISA WHEN THE INTENT IS TO IMMIGRATE TO THE US.  

 

Seems like they are visa shopping for a way for him to stay, and this is gonna bite them in the end.  

 

Your friends are looking at 2 1/2 to 3 years for an immigration visa, and he should not overstay on his visitor visa.  

 

Edited by aaron2020
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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
3 hours ago, mymarriagejourney said:

He does want to immigrate; I don't think there is any denying that.  But, he also wants to study computer science at a local university.  I'm staying out of the ifs ands or buts, honestly, and just trying to get practical information for them.

Presumably the second friend had ties to country of origin and declared those ties of non-immigrant intent to get a tourist visa.

 

Entering the US and either applying for student status or adjusting status suggests something different than what he told the CO to get a b2 visa. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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carmel34 Experienced

carmel34   3,529

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

Student visa is only approved if the intent is to return to the applicant's country of origin.  It will be denied if the applicant is truthful and says it is to remain and live in the US permanently with a US-based spouse.  Make sure you warn your friend that to remain in the US past the date of approved temporary stay at POE will start an overstay and that will cause problems later.

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Boiler Grand Master

Boiler   43,425

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

There is also the practical problem of how you stay in Status that long on a B whilst a F1 COS takes place. You need to be in status to adjust status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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