Public Charge Thanks To Hubby / Good "Piecemeal" Lawyer? [merged threads]

[Tomell 8]

My wife is here on a B-2 tourist visa, if we were to apply for a spousal visa, Is there any shot that it could be completed before her September return date?

Edited June 29, 2023 by TBoneTX

[Allaboutwaiting 2,503]

NOT AT ALL.

 

Unless you have a proven pattern of amazing luck or manage to perform miracles.

[Verrou 1,962]

If she’s already in the US right now, why don’t u do AOS instead? Depend on ur luck, 2022 filers got processed very quickly. The downside obviously she can’t leave the country while AOS pending except if she got her advanced parole 

[Sammy_2496 116]

If she is going to be in the USA that long, you might aswell do adjustment of status. But if you do that, she will not be able to leave the USA until her green card arrives and she wont be able to work until she gets her employment autorization (or green card if she does not file for employment authorization). If you decide to go this route, there is an amazing guide on here for that. if you do decide to go with the spouse visa, then no, it wont be done by September.

[IWander 589]

7 hours ago, Tomell said:

My wife is here on a B-2 tourist visa, if we were to apply for a spousal visa, Is there any shot that it could be completed before her September return date?

Visas are for arriving in the USA.  She is already here, she doesn't need another visa.  She needs to go through an adjustment of status.

[Bill Oxner 18]

8 hours ago, Sammy_2496 said:

If she is going to be in the USA that long, you might aswell do adjustment of status. But if you do that, she will not be able to leave the USA until her green card arrives and she wont be able to work until she gets her employment autorization (or green card if she does not file for employment authorization). If you decide to go this route, there is an amazing guide on here for that. if you do decide to go with the spouse visa, then no, it wont be done by September.

Really, that is a great option, I wasn't aware one could adjust status while in USA if married to a US Citizen.

 

[Bill Oxner 18]

9 hours ago, Tomell said:

My wife is here on a B-2 tourist visa, if we were to apply for a spousal visa, Is there any shot that it could be completed before her September return date?

 

Since she can adjust status, something I just learned from reading this here would be my plan.

 

I read your prior post about medical procedure, and you wanting to go back to Philippines after 3 months.

 

 Adjust status, get her green card, have her stay here long enough to get her US Citizenship and her US Passport and then you and her can move back to Philippine as long as you want and re enter USA any time you want.

 

If you do the greencard she can only stay out of the country for a set amount of time, some say 6 months some say 1 year, and if it's longer they may not let her back into the USA.

 

You get here US Citizenship and blue passport she can stay out of USA for decades and have no issue re entering the USA, because more than likely you will want or need to come back to USA in future whether it be sick family, or for medical care or if you just tired of living in Philippines.  But her with US Citizenship give you alot more options, and she can travel to many more countries with US Passport.

 

 

[Sammy_2496 116]

6 hours ago, Bill Oxner said:

Really, that is a great option, I wasn't aware one could adjust status while in USA if married to a US Citizen.

 

Yes! As long as her intent when coming and entering was just to visit, she can adjust

[confusedshoes 193]

12 hours ago, Bill Oxner said:

Really, that is a great option, I wasn't aware one could adjust status while in USA if married to a US Citizen.

 

Yes, great option for you and your wife as long as she's ok not returning to their home country for the foreseeable future while the adjustment of status is processing. I know it's probably a huge change of plans, because to get the B2 visa, she had to provide solid evidence of her ties back in her home country so she probably has to abruptly cut all those ties, create a whole new life in a new country right now but yes, for people don't mind pivoting like that and are prepared for all that this entails, this is a great option!

[Bill Oxner 18]

16 hours ago, Sammy_2496 said:

Yes! As long as her intent when coming and entering was just to visit, she can adjust

 

Question, All the resident experts say there is no way a pinay married to kano will ever get issued a tourist visa, Was there anything special about your wife or her circumstances that allowed her to get a tourist visa to USA?

 

 

[Tomell 8]

My wife is currently here on an emergency tourist visa from the Philippines. 

 

I am scheduled for a fairly dangerous operation (LVAD / Internal and external heart pump) and I am told there is a 78% chance I live through the operation itself (IE 22% I don't)

 

I want to do the I-130 application ASAP and am wondering, if I do the initial application and happen to pass right after, what comes of my wifes chances to stay?

 

 

[Dashinka 24,577]

I certainly hope for the best for you.  This information may be helpful.  From what I read, since she is here in the US she could apply for adjustment, or she can go back and proceed with consulate processing.

 

Best of Luck.

 

 https://www.justia.com/immigration/marriage-family-based-petitions/immigration-after-death-of-sponsor/#:~:text=If the U.S. spouse filed the I-130 petition,I-360 petition%2C which is known as a self-petition.
 

https://www.uscis.gov/forms/explore-my-options/green-card-permanent-resident-card-for-a-widower-of-a-us-citizen

[Sammy_2496 116]

Since she is in the USA, she can apply to adjust status. I hope the best for you guys and i hope the operation goes well.

[JeanneAdil 6,533]

File to adjust now

USC passes away she can follow thru as widowed

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9#:~:text=If%20the%20petitioner%20dies%2C%20the,completed%20the%20Affidavit%20of%20Support.

 

78 % are good odds

praying all goes good for operation and your recovery

 

2 important parts of the site below but read it all carefully

• If there was a properly filed adjustment application pending at the time the qualifying relative died, the applicant should notify USCIS of the death before USCIS adjudicates the adjustment application.

• If the petitioner dies, the applicant typically must obtain a substitute sponsor to continue to be eligible for adjustment of status. A substitute sponsor is needed even if the deceased petitioner has completed the Affidavit of Support. 

 

[pushbrk 12,963]

1 hour ago, JeanneAdil said:

File to adjust now

USC passes away she can follow thru as widowed

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9#:~:text=If the petitioner dies%2C the,completed the Affidavit of Support.

 

78 % are good odds

praying all goes good for operation and your recovery

 

2 important parts of the site below but read it all carefully

• If there was a properly filed adjustment application pending at the time the qualifying relative died, the applicant should notify USCIS of the death before USCIS adjudicates the adjustment application.

• If the petitioner dies, the applicant typically must obtain a substitute sponsor to continue to be eligible for adjustment of status. A substitute sponsor is needed even if the deceased petitioner has completed the Affidavit of Support. 

 

Sometimes these emergency visas directly indicate Adjusting Status is forbidden. Check for any such notation on the visa or stamp next to it.