K3 and turist visa

[asoler 0]

Hello everyone-

My sister-in-law who just became a citizen wants to do a K3 for her husband who is currently here on a turist visa. An immigration officer told her that she could send the completed I-130 right away and her husband would not have to leave when his one month visa was up. What do you all think? Is that true? How would that work if he only has one month to be here? Thanks for your help!

[pushbrk 12,823]

Hello everyone-

My sister-in-law who just became a citizen wants to do a K3 for her husband who is currently here on a turist visa. An immigration officer told her that she could send the completed I-130 right away and her husband would not have to leave when his one month visa was up. What do you all think? Is that true? How would that work if he only has one month to be here? Thanks for your help!

Whether it would work depends on the details of the specific set of circumstances. Apparently the "immigration officer" understood the husband entered the USA with the intent of leaving at the end of his granted stay. If this is true, he can stay and adjust status. This answer makes a number of assumptions which may or may not be correct in the specific case. I suspect the "immigration officer" was really a CBP agent, not a USCIS adjudicator. As such, he may simply be confused about certain pertinent details.

[Mononoke28 135]

If her husband is already here in the US and came in with a tourist visa, they can file the I-485 to adjust status with the I-130 for his permanent residency. They can also file the I-765 at the same time to get him a work permit while his status is approved. You can read more about it here.

Diana