Waiting for green card in the usa

[Bubble1863 0]

My friend is being from the Dominican Republic is being petitioned by her husband who is a usa resident (not citizen) she has a tourist visit and travels back and forth. She recently decided to stay and wait for her green card here in the usa with her husband. Can she do that without being penalized? I don't want her to get in trouble for staying here and then get penalized and not get her green card 

[Lil bear 4,252]

8 minutes ago, Bubble1863 said:

My friend is being from the Dominican Republic is being petitioned by her husband who is a usa resident (not citizen) she has a tourist visit and travels back and forth. She recently decided to stay and wait for her green card here in the usa with her husband. Can she do that without being penalized? I don't want her to get in trouble for staying here and then get penalized and not 

Edited September 26, 2022 by Lil bear
Oops

[Lil bear 4,252]

11 minutes ago, Bubble1863 said:

My friend is being from the Dominican Republic is being petitioned by her husband who is a usa resident (not citizen) she has a tourist visit and travels back and forth. She recently decided to stay and wait for her green card here in the usa with her husband. Can she do that without being penalized? I don't want her to get in trouble for staying here and then get penalized and not get her green card 

 

Adjustment of status from a tourist visa is not possible when the petition is based on the spouse of an LPR. She must complete the process in her home country   She may visit according to the limits on her visitor visa but she cannot stay here 

Edited September 26, 2022 by Lil bear

[Bubble1863 0]

14 minutes ago, Lil bear said:

 

Adjustment of status from a tourist visa is not possible when the petition is based on the spouse of an LPR. She must complete the process in her home country   She may visit according to the limits on her visitor visa but she cannot stay here 

Thank you for your response, this is what I figured. Lawyers are telling her she can just stay and wait here for her green card and that just doesn't sound right to me 

[Lil bear 4,252]

1 minute ago, Bubble1863 said:

Thank you for your response, this is what I figured. Lawyers are telling her she can just stay and wait here for her green card and that just doesn't sound right to me 

Spouse of USC can with certain requirements. Those who have long term non immigrant visas such as student etc can as long as their AOS is finalised before their visa expires.  

[pushbrk 12,978]

13 minutes ago, Bubble1863 said:

Thank you for your response, this is what I figured. Lawyers are telling her she can just stay and wait here for her green card and that just doesn't sound right to me 

If she is in the middle of a spouse visa process for the spouse of a green card holder, she has not applied for a green card.  She has or will apply for an immigrant visa.  She can visit for as long as she is allowed, but she must return Santo Domingo to get a medical exam and visa interview first.  Whether she an stay that long or not depends on how long that's going to be.

[SalishSea 17,928]

1 hour ago, Bubble1863 said:

My friend is being from the Dominican Republic is being petitioned by her husband who is a usa resident (not citizen) she has a tourist visit and travels back and forth. She recently decided to stay and wait for her green card here in the usa with her husband. Can she do that without being penalized? I don't want her to get in trouble for staying here and then get penalized and not get her green card 

She has to wait in line like everyone else.

[Chancy 6,241]

18 hours ago, Bubble1863 said:

She recently decided to stay and wait for her green card here in the usa with her husband.

 

How long has she been in the US since her most recent entry?  Has her I-94 expired?

 

[Bubble1863 0]

45 minutes ago, Chancy said:

 

How long has she been in the US since her most recent entry?  Has her I-94 expired?

 

She has been here a few months arelady, she must be pretty close to the 6 month mark

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas forum -- topic is about AOS for spouse of LPR ***

 

35 minutes ago, Bubble1863 said:

She has been here a few months arelady, she must be pretty close to the 6 month mark

 

F2A is current on the visa bulletin, so it is possible for her to file I-485 while her I-94 is valid.  But she might run out of time if she has been in the US for that long already.  She cannot stay in the US with just a pending I-130.  Unlike spouses of USC, she must file I-485 while she has legal status, ie. before her I-94 expires.