I'm on tourist visa and get married in US how's the process

[Ivy0306 0]

Good morning, 

We need help to walk us thru how to adjust my papers from tourist visa to petition for spouse.this is my 2nd time visiting US to see my fiance.now I'm supposed to go back in the Philippines but we decided to get marrried.however my son from my previous relationship coz I'm a single mom still in the Philippines. How are we going to process my papers here in US and include my son in the petition plse help.

Thank u

[Crazy Cat 39,213]

You must make some decisions.  I assume your spouse is a US citizen. You have 2 choices after marriage:

 

These are the basic options (after marriage):

1.  You stay and adjust status.  You will not be able to work or leave the US for 6-8 months.

Your Son's case must be started by your spouse via an I-130.  You son will not be able to join you for 1-2 years.

or

2.  You return to PI while your spouse starts the spousal visa process. 

Your case and your Son's cases are separate, but can be managed so that you both travel together in 1-2 years.

Edited December 19, 2021 by Crazy Cat

[Boiler 43,428]

How old is your son?

[Ivy0306 0]

My son is 10 yr.old. his in the philippines.

So if my petition will be proceeds 6 to 8 months .why is it my son will take 1 to 2 yrs if we will.include him in petition?

 

[Crazy Cat 39,213]

24 minutes ago, Ivy0306 said:

My son is 10 yr.old. his in the philippines.

So if my petition will be proceeds 6 to 8 months .why is it my son will take 1 to 2 yrs if we will.include him in petition?

 

They are 2 different kinds of cases since you are currently in the US while your son is not.  The 6-8 months is the length of time until you can leave the US......not the total time for your case.

If your spouse is a US citizen, you and your son will have separate petitions.

 

As I said, you have to make some decisions.

Edited December 19, 2021 by Crazy Cat

[Chancy 6,233]

2 minutes ago, Ivy0306 said:

why is it my son will take 1 to 2 yrs if we will.include him in petition?

 

If you are already married and your spouse is a US citizen, your son needs a separate petition to be able to immigrate to the US.  He cannot be a derivative in the petition that your USC spouse will file for you.  His case will be an IR2 visa case for processing in Manila.  IR2 cases normally take 1 to 2 years from petition filing to visa delivery.

 

[JeanneAdil 6,191]

Question 

At what point can the spouse file for IR 2 for the son?

she has to AOS for green card so do they have to wait for that process to file?

or can the USC file after the marriage here even though wife does not have green card?

 

[Chancy 6,233]

1 minute ago, JeanneAdil said:

can the USC file after the marriage here even though wife does not have green card?

 

The USC spouse can file a petition for his stepchild the moment they get their marriage certificate.  The IR2 case will be separate from the wife's AOS case, so no dependency on the wife getting a GC.

 

[Boiler 43,428]

He can file as soon as they marry.

[Chancy 6,233]

1 hour ago, Ivy0306 said:

this is my 2nd time visiting US to see my fiance.

 

Please confirm so this thread can be moved to the right forum -- are you now married and is your spouse a US citizen?

 

[Crazy Cat 39,213]

25 minutes ago, JeanneAdil said:

At what point can the spouse file for IR 2 for the son?

Right away after marriage and accumulation of supporting documents.

[JeanneAdil 6,191]

1 minute ago, Crazy Cat said:

Right away affer marriage and accumulation of supporting documents.

thanks to all who answered

it gets confusing 

as if we apply for MIL to come to US (permanent)  she has to have green card to apply for a son

[milimelo 4,191]

Just now, JeanneAdil said:

thanks to all who answered

it gets confusing 

as if we apply for MIL to come to US (permanent)  she has to have green card to apply for a son

She just needs a stamped immigrant visa to send in the petition. Doesn’t need to have physical GC in hand to petition. 

[JeanneAdil 6,191]

then if i was the OP ,  i would marry now if she has needed documents to marry and send AOS package ASAP

she would have the green card by time the son has a visa to go and accompany him here

 

and best to you both in a marriage and new life 

[Crazy Cat 39,213]

7 minutes ago, JeanneAdil said:

then if i was the OP ,  i would marry now if she has needed documents to marry and send AOS package ASAP

she would have the green card by time the son has a visa to go and accompany him here

 

and best to you both in a marriage and new life 

Well, it depends on what her priorities are.  Some single moms would not want to leave a child back in the PI......some single moms would.  That's why they can go with either the spousal visa route or the adjustment route.   Life is full of choices.....and the consequences of those choices.