Jump to content
aliwaqas707

Spouse visa info required urgent

55 posts in this topic

Recommended Posts

Hi

 

i am US GC holder means legal PR and i am going to marry with a girl having US visit visa. Her visa will expire in Dec 2019. 

I want to ask if we marry before her visa expiry than how can i sponsor her or how her status can be changed from visit visa to spouse visa so that she can live with me.

need urgent response please

 

thanks

Share this post


Link to post
Share on other sites

Thread is moved from the K-1 Process forum to What Visa Do I Need.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites
Posted (edited)
39 minutes ago, aliwaqas707 said:

Hi

 

i am US GC holder means legal PR and i am going to marry with a girl having US visit visa. Her visa will expire in Dec 2019. 

I want to ask if we marry before her visa expiry than how can i sponsor her or how her status can be changed from visit visa to spouse visa so that she can live with me.

need urgent response please

 

thanks

You can't "change" her visa from tourist to spouse. 

She cannot cross the border with intent to stay and adjust status from within the USA, your new wife will have to leave the US after marriage and wait out the CR-1 spouse process in her home country.

 

Edited to add:  Just wanted to mention.... Do *not* have her overstay her visit visa thinking marriage to you somehow solves that problem.  You are a LPR, not a US citizen...her overstay is not automatically forgiven due to your own legal status since you are a LPR, and she would still need to return to her home country to interview (and depending on how long she ends up overstaying, if she does end up overstaying, can incur a ban).

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Share this post


Link to post
Share on other sites
1 hour ago, aliwaqas707 said:

Hi

 

i am US GC holder means legal PR and i am going to marry with a girl having US visit visa. Her visa will expire in Dec 2019. 

I want to ask if we marry before her visa expiry than how can i sponsor her or how her status can be changed from visit visa to spouse visa so that she can live with me.

need urgent response please

 

thanks

You can't. Entering the United States with a visitor visa with the intent to marry, stay and adjust status is visa fraud and comes with a lifetime ban. You're not a US citizen so she MUST return home after marriage and before her allowed stay on her tourist visa expires and wait for the CR-1(spouse visa) to process and interview in her home country. Do not allow her to overstay her tourist visa because she will incur a ban, the length of the ban will depend on how low her overstay is.



Share this post


Link to post
Share on other sites
23 minutes ago, Cathi said:

You can't. Entering the United States with a visitor visa with the intent to marry, stay and adjust status is visa fraud and comes with a lifetime ban. You're not a US citizen so she MUST return home after marriage and before her allowed stay on her tourist visa expires and wait for the CR-1(spouse visa) to process and interview in her home country. Do not allow her to overstay her tourist visa because she will incur a ban, the length of the ban will depend on how low her overstay is.

Can she renew her visa before expiry to again tourist or visit visa so that she can travel and stay in US for 6 months till spouse visa process completed

 

thanks

Share this post


Link to post
Share on other sites
56 minutes ago, aliwaqas707 said:

Can she renew her visa before expiry to again tourist or visit visa so that she can travel and stay in US for 6 months till spouse visa process completed

 

thanks

It's not going to happen.

 

She won't be able to stay in the US for 2 years legally while waiting. 

 

Separation is part of the immigration process, just accept that. 


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. 

 

 

Share this post


Link to post
Share on other sites
Posted (edited)
1 hour ago, aliwaqas707 said:

Can she renew her visa before expiry to again tourist or visit visa so that she can travel and stay in US for 6 months till spouse visa process completed

She can renew her visa anytime. This is done abroad. If you meant can she extend her stay within the US, that's a different question. That's done via an I-539 and requires a good reason to stay. She would likely be denied without a valid reason to remain in the US as a visitor longer than the stay permitted by CBP when she entered the country.

Even then, the timeline you're looking at is around 2-2.5 years. You can't extend a visitor status that long. The ~2+ years cannot be expedited - it's due to the limited number of immigrant visas available in your category per year (F2A, not IR-1/CR-1), not processing speeds.

 

As others stated, she cannot enter the US as a tourist with intent to stay. She must enter to visit, nothing else. If/Once you marry, she will complete the processing abroad for an immigrant visa.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
7 hours ago, aliwaqas707 said:

Can she renew her visa before expiry to again tourist or visit visa so that she can travel and stay in US for 6 months till spouse visa process completed

 

thanks

No


YMMV

Share this post


Link to post
Share on other sites
8 hours ago, aliwaqas707 said:

Can she renew her visa before expiry to again tourist or visit visa so that she can travel and stay in US for 6 months till spouse visa process completed

 

thanks

No.  She will not be able to maintain legal presence for the entire time.....and if she overstays, it will cause bigger problems.  After marriage, she must leave the US.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites
11 hours ago, aliwaqas707 said:

i am US GC holder means legal PR and i am going to marry with a girl having US visit visa. Her visa will expire in Dec 2019. 

I want to ask if we marry before her visa expiry than how can i sponsor her or how her status can be changed from visit visa to spouse visa so that she can live with me.

need urgent response please

Where is the 'girl' currently? In the US, or in pakistan? 

 

There is no status changing from visit to spouse for a newly married LPR spouse. She can visit as long as she has a valid visa to enter the US, and she could apply to get another visit visa. But she has to await the spouse visa process in her country and interview there. 


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

Share this post


Link to post
Share on other sites

Depending on how you became an LPR you may have to wait even longer to petition your girlfriend. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
24 minutes ago, NikLR said:

Depending on how you became an LPR you may have to wait even longer to petition your girlfriend. 

Family based 


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

Share this post


Link to post
Share on other sites
2 hours ago, WeGuyGal said:

Family based 

Technically a spousal visa is family based.  I do see that his profile says F-1 but I figured the OP could answer for himself. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...