Rome to NYC on a tourist visa- married to USC

[sweeetp 0]

Happy New Year..

My cousin who was living in Italy for the past 15 yrs is married to an Intalian man, and together they have decided to return to the US to live. Her husband could only get a tourist visa, because they could not process his papers through the embassies in FLorence or rome.

He has a 3 month tourist visa, and they were advised by an Italian Consulate lawyer to wait 60 days before filing for his Permanent Residency status. has anyone heard of that?

If he is here on a tourist visa, can he get that extended while the papers are in progress?

Should she file the regular 485 Permanent Residency papers first?

Any suggestions on how to proceed?

[YuAndDan 153]

If already married you cannot adjust status, a proper immigrant visa CR-1, IR-1 is required to immigrate, or K-3 to enter country and adjust status.

If cannot file it at the consulate, then the US citizen spouse files it to the USCIS service center having jurisdiction over the citizen's domicile address.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[sweeetp 0]

They are already here and already married why wouldnt he be able to adjust status?

[YuAndDan 153]

They are already here and already married why wouldnt he be able to adjust status?

If married before entry to the USA, and then use a tourist visa to enter the country, this is clear cut miss-use of a visa, it is considered to be visa fraud by USCIS, the state department and USCIS have visas for specific purposes, K-Visas are NON-Immigrant like tourist, however USCIS, NVC and Consulate do extensive background checks before issuing the K-Visa, this is not done for other NON-Immigrant visas lit tourist, so miss-using a tourist visa is an attempt to circumvent the processes of the K-Visas, and IR-1/CR-1 visas.

USCIS does not handle visa fraud very nicely. If and when adjustment of status interview comes up, they can question why a proper visa was not used to enter the country, and deny adjustment, and deport, placing a ban on the non citizen.

[lucka 0]

They are already here and already married why wouldnt he be able to adjust status?

If married before entry to the USA, and then use a tourist visa to enter the country, this is clear cut miss-use of a visa, it is considered to be visa fraud by USCIS, the state department and USCIS have visas for specific purposes, K-Visas are NON-Immigrant like tourist, however USCIS, NVC and Consulate do extensive background checks before issuing the K-Visa, this is not done for other NON-Immigrant visas lit tourist, so miss-using a tourist visa is an attempt to circumvent the processes of the K-Visas, and IR-1/CR-1 visas.

USCIS does not handle visa fraud very nicely. If and when adjustment of status interview comes up, they can question why a proper visa was not used to enter the country, and deny adjustment, and deport, placing a ban on the non citizen.

I personally know a girl who got married to a USC in her home country came to the USA 15 days after marriage with a tourist visa and filed for AOS , and already got her Greencard, i got so mad when i found this out because ahe planned all this and got away with it, i know USCIS has rules but sometimes it seems like they don't apply them the same to all.

[Wrath of Sithis 0]

Yeah welcome to the world... I think this is one of those things you can try to pull off and maybe get away with it, or you could get slapped in the face just the same.

It's a risk, personally I would go the safe route and apply for a K visa or your cr1 out of the country if I were you...

[sweeetp 0]

Yeah welcome to the world... I think this is one of those things you can try to pull off and maybe get away with it, or you could get slapped in the face just the same.

It's a risk, personally I would go the safe route and apply for a K visa or your cr1 out of the country if I were you...

Does he have to return to Ital to file the k or cr1 visa, or can he get an extended tourist visa.. If so, is there an application to extend a tourist visa?

thanks

[Nutty 2]

The best thing is to request an infopass appointment to talk to an Immigration officer. Make sure to speak with an immigration officer before your tourist visa expires.

However, it is true coming in on a tourist visa and then trying to "adjust status" and get a immigrant visa (IR-1 or CR-1 or K-3) will not happen. It is seen as trying to circumvent the normal channels by the United States Center for Immigration Services (USCIS).

The American spouse has to have the following to start the immigrant visa process:

1) American spouse has to establish domicile/residence or show a maintained domicile in the US (work, bank accounts, driver's license, postal address)

2) American spouse has to show sufficient income to maintain foreign spouse in the USA (to avoid foreign spouse becoming a ward of the State)

3) Post 9/11 security checks done at various levels of the immigration process before immigrant visa is approved.

(More than likely processing takes about 8 months to a year (maybe more!!!) to get an immigrant visa).

If you can have your Italian husband here on an extended tourist visa up to a year (however, he can't work on a tourist visa), then maybe you can process him while he is here. Otherwise, the Italian husband will be forced to return to Italy while the processing of the visa is done.