I-485

[hdouthit 1]

My husband is a US citizen and we have a 4 month old. I am currently living abroad and am considering filing a I-130. After reading the instructions for a I-485, is it possible to enter on a tourist visa with my daughter and then apply for the I-485 whilst living there? Any help would be most appreciated.

Edited January 26, 2010 by hdouthit

[Calypso 464]

Tourist visa holders are not allowed by the government to adjust status.

Anyone may correct that statement if erroneous.

FAE

[Otto 83]

To clarify - you are asking if it is possible to circumvent US immigration law by entering the country as a tourist with the intent to remain. While that may be possible - it can be deemed illegal and come with some pretty harsh ramifications. Not the way to start a new life here.

The best advice (and only allowable advice on VJ) is to follow the lawful path.

[hdouthit 1]

That is great advice, but could you clarify what you think this means:

QUOTE

Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States?

You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.

Family Member

You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.

Visa Number

If you are a Family- or Employment-based applicant, you must have an immigrant visa number available from the State Department unless you are in a category that is exempt from numerical limitations. Immediate relatives of United States citizens are exempt from this requirement. Immediate relatives of U.S. citizens are parents, spouses, and unmarried children under 21. (For instance, you can apply to adjust to permanent resident status at the same time that your U.S. citizen daughter files an application for you to become an immigrant.)

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,

remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

failed otherwise to maintain lawful status and with the proper immigration documentation, or

have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

Thanks

[Calypso 464]

Read the link below and see if you could get something:

http://www.visajourney.com/forums/index.php?showtopic=137906

FAE

[hdouthit 1]

Thanks for your help.

[ManInCalifornia 0]

AOS from a tourist visa to permanet residency is possible if a preconceivable intent to marry does not exist. Therefore, on the form G-325A - Applicant's residence last five years. List present address first. - be careful on this section.

Upon arrival in the U.S. to the time of engagement and decision to get married and stay, the beneficiary does NOT have an address in the U.S. Simply he or she is visiting the U.S. Then, after the decision to get married and stay, he or she can list an address in the U.S.

The for G-325A is using the word "residence" and not "a place of stay".

Therefore, he or she shows his or her intent to marry and stay only after the engagement.