Adjusting status with tourist visa but married abroad

[malego77 2]

Well, a foreign woman is married abroad with a US citizen since 2.5 years ago. The couple had a kid who was born abroad too, but the kid already has his US citizenship... She has tourist visa, she came to US and she overstayed. Can she adjust status inside US if she got married abroad (with the same US citizen)?? Does she need to go outside USA to adjust status by the american embassy of her country?

Thanks for the help

[Lil Miss Sunshine 14]

if she comes to the US on a tourist visa with the intention of immigrating, that's visa fraud. the USC husband needs to file for a spousal visa for her so she can enter the US legally

Edited May 2, 2008 by IsPiKiKaY

[malego77 2]

thanks for the help. Anyone had adjusted status with a similar case? Thanks for share it

[English Muffin 59]

Well, a foreign woman is married abroad with a US citizen since 2.5 years ago. The couple had a kid who was born abroad too, but the kid already has his US citizenship... She has tourist visa, she came to US and she overstayed. Can she adjust status inside US if she got married abroad (with the same US citizen)?? Does she need to go outside USA to adjust status by the american embassy of her country?

Thanks for the help

It all depends on what her 'intent' was when she entered the US. Tell her to go see a competent immigration attorney and take the confidential advice that they give her.

Gillian

[pushbrk 12,883]

Well, a foreign woman is married abroad with a US citizen since 2.5 years ago. The couple had a kid who was born abroad too, but the kid already has his US citizenship... She has tourist visa, she came to US and she overstayed. Can she adjust status inside US if she got married abroad (with the same US citizen)?? Does she need to go outside USA to adjust status by the american embassy of her country?

Thanks for the help

It all depends on what her 'intent' was when she entered the US. Tell her to go see a competent immigration attorney and take the confidential advice that they give her.

Gillian

Right, the devil is in the details on this kind of case and the details are best discussed with a competent immigration attorney, even if you do it yourself after the initial consultation.

[DakotaK1 1]

She is running the risk of deporation,especially with an overstay.