N-400 In process. Spouse won a visitor visa for a few months

[AKV2010 0]

Hello:

I a permanent resident for 5 yrs. Just applied for my USC (N-400, in process).

My wife enter US on a visitor visa issued a few months back (when I was LPR). She answer all visa questions at that time true, and mention husband in US as LPR.

Now she enter US and stay with me for 1.5 month. visit visa will expire in 4.5 month.

Question: (1) If my N-400 approve fast in time, can I apply for her I-130/485. And she can stay ?

Or (2) she need to leave after her visit visa expire, even if I-130/485 applied ?

(3) When should I apply for her I130/485. After my oath, or after my naturalization certificate ? or after my passport ??

thanks.

[Bobby+Umit 161]

1. yes.

2. No - if the AOS is being considered by USCIS and you have the NOA.

3. I would wait until you are an USC. If you file as an LPR, you will have to change the original petition once you become an USC.

[AKV2010 0]

1. yes.

2. No - if the AOS is being considered by USCIS and you have the NOA.

3. I would wait until you are an USC. If you file as an LPR, you will have to change the original petition once you become an USC.

Thanks.

2) Does it mean, my wife have I-130 NOA/ approval, or I-485 approval ?? At what stage?

3) When I become USC exactly ?, at Oath or Naturalization certificate ? And when I apply for her I-130/485 ? afte my Interview date, Oath date, after Naturalization certificate ?

thanks.

[Bobby+Umit 161]

Thanks.

2) Does it mean, my wife have I-130 NOA/ approval, or I-485 approval ?? At what stage?

3) When I become USC exactly ?, at Oath or Naturalization certificate ? And when I apply for her I-130/485 ? afte my Interview date, Oath date, after Naturalization certificate ?

thanks.

2. when you send in the 485 AOS, you will get the NOA, when accepted. That puts your wife into "applicant adjusting status", which "freezes" her status till they adjudicate the AOS. Which means she can stay in the US till then.

3. When you get the certificate.

would be a good place to start. this one in paticular.

Edited January 20, 2010 by Bobby+Umit

[AKV2010 0]

2. when you send in the 485 AOS, you will get the NOA, when accepted. That puts your wife into "applicant adjusting status", which "freezes" her status till they adjudicate the AOS. Which means she can stay in the US till then.

3. When you get the certificate.

would be a good place to start. this one in paticular.

Thanks Bobby. Not to offense your advice, but I called just now a free phone consultation attorney, and she said in general not a good practice to come on visitvisa and apply for I130/485 (even if married to LPR/Citizen). she says good to apply from consular processing. Is this correct ? So confusing !!

[Bobby+Umit 161]

Thanks Bobby. Not to offense your advice, but I called just now a free phone consultation attorney, and she said in general not a good practice to come on visitvisa and apply for I130/485 (even if married to LPR/Citizen). she says good to apply from consular processing. Is this correct ? So confusing !!

She's absolutely correct - it's not considered a good practice by good lawyers (well, ones that don't want to soak you with charges).

The burden of proof is on you to prove that your wife did not have the intent to come here, get married, then AOS. (all though there is case law that will allow that, as long as there are no other adverse factors - one adverse factor that will cause trouble is misrepresentation).

I am not endorsing that you do this, I just gave you the information you asked for.

The safe bet is to do the CR-1 in your case. I had the opition to use a valid visitors visa to get married with Umit, we made the choice to do the K-1. Everyone's situation is different, and so is your risk level.

However, the rules state that if the applicant is in a lawful status in the US, they can AOS if they meet the criteria. (coming in on a visitors visa places you in a lawful status).

VJ has a big warning about this (first thing you see in the guide I linked) - you have to be sure of your situation.

Most of the lawyers I talked to shy away from doing the visitors/marry/aos thing - but many people here on this board have successfully done so.

[AKV2010 0]

She's absolutely correct - it's not considered a good practice by good lawyers (well, ones that don't want to soak you with charges).

The burden of proof is on you to prove that your wife did not have the intent to come here, get married, then AOS. (all though there is case law that will allow that, as long as there are no other adverse factors - one adverse factor that will cause trouble is misrepresentation).

Hi Bobby:

just to clearup the misunderstanding.

I and my wife already married for 3 yrs. We live together in US (she on F-1 complete, Me on GC). then I go out for work assignment for 1 yr. so she came too. Now I return, and she got visitor visa to come and see me, otherwise no other visa available for her to come here.

base don this, can you read my posts again, and see if OK for my wife to apply for I130/485, and stay after her visit visa.

what penalty at GC time or USC time for her, if officer says she should do consular processing ?? thnx.

[sachinky 465]

Your safest bet would be to apply for a IR-1.

[AKV2010 0]

She's absolutely correct - it's not considered a good practice by good lawyers (well, ones that don't want to soak you with charges).

The burden of proof is on you to prove that your wife did not have the intent to come here, get married, then AOS. (all though there is case law that will allow that, as long as there are no other adverse factors - one adverse factor that will cause trouble is misrepresentation).

....

Most of the lawyers I talked to shy away from doing the visitors/marry/aos thing - but many people here on this board have successfully done so.

Hi Bobby: Posting again, hoping you can reply. thnx.

just to clearup the misunderstanding.

I and my wife already married for 3 yrs. We live together in US (she on F-1 complete, Me on GC). then I go out for work assignment for 1 yr. so she came too. Now I return, and she got visitor visa to come and see me, otherwise no other visa available for her to come here.

base don this, can you read my posts again, and see if OK for my wife to apply for I130/485, and stay after her visit visa.

what penalty at GC time or USC time for her, if officer says she should do consular processing ?? thnx.