Adjustment of status from Tourist Visa

[ozzac 10]

Hello, 

 

I have been married to a US citizen for over two years and we are currently both living abroad. We would like to move to the US but filing an IR1 visa will take over a year and we would like to reduce this time frame. DCF is not available in our country. 

I was told that I could go to the US on a tourist visa and since my wife is a US citizen, I could adjust my status there and then obtain my green card. Is this a true possibility? If yes, what steps would I need to follow? 

 

Many thanks in advance to all those who could help on this topic! 

[Just Paul 4,591]

2 minutes ago, ozzac said:

I was told that I could go to the US on a tourist visa and since my wife is a US citizen, I could adjust my status there and then obtain my green card. Is this a true possibility?

Entering on a tourist visa or VWP with the intent to adjust is VISA fraud.

Edited August 11, 2019 by Paul & Mary

[payxibka 10,044]

6 minutes ago, ozzac said:

Hello, 

 

I have been married to a US citizen for over two years and we are currently both living abroad. We would like to move to the US but filing an IR1 visa will take over a year and we would like to reduce this time frame. DCF is not available in our country. 

I was told that I could go to the US on a tourist visa and since my wife is a US citizen, I could adjust my status there and then obtain my green card. Is this a true possibility? If yes, what steps would I need to follow? 

 

Many thanks in advance to all those who could help on this topic! 

If it was true, then what is the purpose of immediate relative visas?

[Crazy Cat 39,191]

4 minutes ago, ozzac said:

Hello, 

 

I have been married to a US citizen for over two years and we are currently both living abroad. We would like to move to the US but filing an IR1 visa will take over a year and we would like to reduce this time frame. DCF is not available in our country. 

I was told that I could go to the US on a tourist visa and since my wife is a US citizen, I could adjust my status there and then obtain my green card. Is this a true possibility? If yes, what steps would I need to follow? 

 

Many thanks in advance to all those who could help on this topic! 

Who told you this? 

No....you heard wrong........you can not enter the US via a tourist visa with the intent to adjust status.....that is visa fraud, and it can result in severe consequences........there are no short cuts........most of us have endured separation.........Time frame from filing to visa in hand is 12-14 months........good luck.

 

EDIT:  It is against the terms of service of this web site to discuss illegal immigration activities....

[Crazy Cat 39,191]

***Topic moved to IR-1/CR-1 Spousal Visa Process and Procedures as AOS is not an option******

 

Edited August 11, 2019 by missileman

[Going through 5,668]

16 minutes ago, ozzac said:

I was told that I could go to the US on a tourist visa and since my wife is a US citizen, I could adjust my status there and then obtain my green card. Is this a true possibility? I

Curious where you heard this from?  No, it's not a legal possibility.

 

Another thing to keep in mind---depending on how long your US spouse has been living abroad, they will need to reestablish US domicile when petitioning you.  Presumably she has been filing US taxes while living in another country those years?

Edited August 11, 2019 by Going through

[carmel34 3,529]

14 minutes ago, ozzac said:

I have been married to a US citizen for over two years and we are currently both living abroad. We would like to move to the US but filing an IR1 visa will take over a year

Also, before you begin the IR-1 visa process, be aware that the US citizen spouse will have to establish a US domicile and earn sufficient income in the US to sponsor you or find a qualified joint sponsor.  Time to do more research on the process, as this requirement usually means that the US citizen spouse has to move to the US to establish income and domicile while the alien spouse continues to live abroad for six or more months.  Good luck!

[ozzac 10]

8 minutes ago, missileman said:

Who told you this? 

No....you heard wrong........you can not enter the US via a tourist visa with the intent to adjust status.....that is visa fraud, and it can result in severe consequences........there are no short cuts........most of us have endured separation.........Time frame from filing to visa in hand is 12-14 months........good luck.

 

EDIT:  It is against the terms of service of this web site to discuss illegal immigration activities....

I did not mean to discuss illegal immigration with my post, I was just asking for confirmation of a possible alternative to a IR1 visa. 

 

My next question is: why does it take so long? My wife and I also have a baby and I don't want to be away from them for 12-14 months until I get a visa. Is an IR1 (and it's long time frame) the only way to move to the US? 

[Boiler 43,397]

You can visit whilst waiting.

[Just Paul 4,591]

Just now, ozzac said:

I did not mean to discuss illegal immigration with my post, I was just asking for confirmation of a possible alternative to a IR1 visa. 

 

My next question is: why does it take so long? My wife and I also have a baby and I don't want to be away from them for 12-14 months until I get a visa. Is an IR1 (and it's long time frame) the only way to move to the US? 

IR1 is the only way.   You do not have to be apart during the process.  You can stay together in Switzerland.

 

But one issue you will need to do is show that the petitioner will re establish domicile in the US.  You may also need a joint sponsor. 

[Going through 5,668]

Just now, ozzac said:

My next question is: why does it take so long? My wife and I also have a baby and I don't want to be away from them for 12-14 months until I get a visa. Is an IR1 (and it's long time frame) the only way to move to the US? 

People ahead of you in the queue for processing, background checks, backlog, etc. all add to the timeline.

It sucks, but most here have had to deal with time apart...sometimes years and years apart...that's part of what comes with Immigration, unfortunately.

[Crazy Cat 39,191]

1 minute ago, ozzac said:

I did not mean to discuss illegal immigration with my post, I was just asking for confirmation of a possible alternative to a IR1 visa. 

 

My next question is: why does it take so long? My wife and I also have a baby and I don't want to be away from them for 12-14 months until I get a visa. Is an IR1 (and it's long time frame) the only way to move to the US? 

There are only about 1.5 million I-130s already in line to be processed at USCIS. There are no short cuts.......

[ozzac 10]

Thank you all for your answers!

 

What is the difference between an IR1 visa and concurrent filing? 

[payxibka 10,044]

6 minutes ago, ozzac said:

Thank you all for your answers!

 

What is the difference between an IR1 visa and concurrent filing? 

A concurrent filing is more than one petition/application submitted for different benefits at the same time 

Edited August 11, 2019 by payxibka

[little immigrant 800]

49 minutes ago, ozzac said:

I did not mean to discuss illegal immigration with my post, I was just asking for confirmation of a possible alternative to a IR1 visa. 

 

My next question is: why does it take so long? My wife and I also have a baby and I don't want to be away from them for 12-14 months until I get a visa. Is an IR1 (and it's long time frame) the only way to move to the US? 

Why would you be separated? You both live together abroad, no? 

 

My ex-husband waited the visa process out with me in Germany. We traveled to the US together and weren't separated. 

Edited August 11, 2019 by little immigrant