Readjustment of Status. Entered legally?

[pauliewalnutz87 0]

Me and my wife have been married for 3 months, but have been together for almost 7 years. Her parents brought her here when she was 4 years old on a visitor's visa and they never left. Her record is clean. She has a social security number that says "not valid for work."

They have a stamp on her passport showing she came in through a visitor's visa. Can she get a readjustment of status? How likely is it that she will be approved? Process Time? Costs? I make 40k, so I know this will be enough for their approval. I am just really concered, and my biggest fear is for her to be seperated from me.

[Eric-Pris 1,607]

Yes, it is possible. Search for the word "tourist" in this forum.

[rsn 135]

Me and my wife have been married for 3 months, but have been together for almost 7 years. Her parents brought her here when she was 4 years old on a visitor's visa and they never left. Her record is clean. She has a social security number that says "not valid for work."

They have a stamp on her passport showing she came in through a visitor's visa. Can she get a readjustment of status? How likely is it that she will be approved? Process Time? Costs? I make 40k, so I know this will be enough for their approval. I am just really concered, and my biggest fear is for her to be seperated from me.

See this guide. Under no circumstances should your wife leave the country until she has her GC. If she does, she may incur a 10-year ban from the U.S.

[Nita&Assaad 0]

Get a lawyer

Good Luck

Nita

[smiley1 3]

Me and my wife have been married for 3 months, but have been together for almost 7 years. Her parents brought her here when she was 4 years old on a visitor's visa and they never left. Her record is clean. She has a social security number that says "not valid for work."

They have a stamp on her passport showing she came in through a visitor's visa. Can she get a readjustment of status? How likely is it that she will be approved? Process Time? Costs? I make 40k, so I know this will be enough for their approval. I am just really concered, and my biggest fear is for her to be seperated from me.

You need to file for Adjustment Of Status and you need to send an AOS Package which includes the forms I-130, I- 485, I-765, I-864 and G-325. You can find all the info you need here and is not necessary to hire a lawyer if you don't want to waste your money on that. The filing fees are $1010 for I-485 and $355 for I-130. The processing time is around 3 months and she will be approved for sure if your relationship is for real which you will have to prove at your interview. And I agree that she shouldn't travel until she has the GC.

Good luck with everything!

[VanessaTony 3,567]

The guide you need is here: http://www.visajourney.com/forums/index.ph...page=i130guide2

** moving from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visitors visa and the prior forum is for K1, K2, K3 & K4**

Edited March 10, 2010 by Vanessa&Tony

[trillium13 84]

Because she entered legally she may be able to adjust. Because of the unusual circumstances here, I'd suggest you consult with an immigration attorney. You don't have to have them file everything for you. Just see what they think about your situation and how they recommend you proceed. Good luck!

[Brother Hesekiel 2,236]

There is no such thing as a readjustment of status, as she never adjusted her status from visitor to Lawful Permanent Resident (LPR).

Adjustment of status (AOS) is a simple procedure for an immediate relative of a US citizen (i.e., a wife); nothing complicated about it. What they want to see is proof that she entered the country legally and when. Usually such proof is provided by showing the passport and, ideally, the stamped I-94 form that usually is attached to one of the last pages.

You'll submit forms I-130, I-485, and I-765 (included in the fees, so file that in any case!) concurrently. At the AOS, nobody will even ask her about the overstay. The one and only thing they are interested in is that the marriage is legit.

Congratulations, by the way.

[smiley1 3]

Because she entered legally she may be able to adjust. Because of the unusual circumstances here, I'd suggest you consult with an immigration attorney. You don't have to have them file everything for you. Just see what they think about your situation and how they recommend you proceed. Good luck!

She is for sure able to adjust (not may be) if she entered legally here IT DOESN'T MATTER HOW LONG SHE OVERSTAYED if she is the spouse of a USC .And what unusual circumstances are you talking about? You obviously don't have any idea about you are talking about and yet you are giving advices to others.

And I agree with Just Bob he knows what he is talking about unlike others.

Good luck Paulie and you can read the instructions on the forms that you need to file and find out more about who is eligible and what other documents you need to send them.

[trillium13 84]

She is for sure able to adjust (not may be) if she entered legally here IT DOESN'T MATTER HOW LONG SHE OVERSTAYED if she is the spouse of a USC .And what unusual circumstances are you talking about? You obviously don't have any idea about you are talking about and yet you are giving advices to others.

And I agree with Just Bob he knows what he is talking about unlike others.

Good luck Paulie and you can read the instructions on the forms that you need to file and find out more about who is eligible and what other documents you need to send them.

Consider yourself reported, that kind of language belongs in OT.

I happen to have been involved in an adjustment from overstay, so yeah I do know what I'm talking about. The OP's situation is NOT the norm and it is never bad advice to tell someone to consult with an attorney.

Do you know all the details of the OP's case? Do you know all extenuating circumstances that might apply here? I doubt it. For anyone to tell them it will all be just fine, without knowing all the details, THAT is bad advice.

[Kathryn41 3,205]

Please do not 'attack' each other . If you disagree with information that is posted, then just say that you disagree and in your experience such and such is the case instead. There is no need to insult another poster - nor is it a good idea to deal in 'absolutes' about anything to do with the immigration process.

moderator hat off:

Suggesting a legal consult for any situation involving a substantial overstay is never amiss. There may indeed be circumstances that are not obvious to us. While things appear clear-cut, we have a total of 4 lines to explain the circumstances in this situation and 4 more lines of questions. One comment I am curious about - how does a visitor have a social security number - even one marked as unauthorized for employment?

Also, don't forget she needs an immigration medical (form 693) - the civil surgeon should have the form in his office.

[William33 110]

Please maintain respect for other member's contributions.

No individual contributor here knows everything about the legal immigration process, as all cases are different.

That said, this is a member contribution board, with the expectation of mutual respect.

Regards,

VJ Moderation.

[smiley1 3]

Consider yourself reported, that kind of language belongs in OT.

I happen to have been involved in an adjustment from overstay, so yeah I do know what I'm talking about. The OP's situation is NOT the norm and it is never bad advice to tell someone to consult with an attorney.

Do you know all the details of the OP's case? Do you know all extenuating circumstances that might apply here? I doubt it. For anyone to tell them it will all be just fine, without knowing all the details, THAT is bad advice.

I am soo sorry. I do agree with you that it is always a good advice to consult an attorney. I recommend it especially for people like you ... ( who like lawyers and have tons of money to spend), people who don't know to read english or don't understand it, people who don't know their rights or how to protect them, unfortunate people with low IQs, people who for some reasons have an impaired function of their frontal lobes.

I hope that this post is kind enough since I DO AGREE with you and this is a nice polite conversation.

And let me guess you were born and raised in East Germany!

FOR KATHRYN41

Another thing that intrigues me is how would anyone know what were the requirements for obtaining a Social Security Card 20 years ago or let's say 16 years ago? ( that person was 4 years old when she came here and maybe to obtain a SS# was as easy as obtaining a DL a few years back). And being suspicious based on that is wrong and judgemental.

And to answer your question ( How would a visitor have a Social Security number ?) : my case- came here as a student with a J1 visa ( you get a Social Security number with that visa) and then returned back after one year with a visitor visa. I am glad I could satisfy you curiosity ( in a polite way )

and you had the chance to learn something new today ( and maybe next time you will not have suspicions when you see a person with a visitor visa that has a SS#).

P.S. I have to add that indeed in certain circumstances a lawyer it is required (removal, deportation or extremely difficult cases- not a simple overstay).

And for the moderator if you want to ban me go ahead and do it ! I could care less. I am actually trying to help others because there are only a few people who had more experiences than me here.

[Brother Hesekiel 2,236]

Please do not 'attack' each other . If you disagree with information that is posted, then just say that you disagree and in your experience such and such is the case instead. There is no need to insult another poster - nor is it a good idea to deal in 'absolutes' about anything to do with the immigration process.

moderator hat off:

Suggesting a legal consult for any situation involving a substantial overstay is never amiss. There may indeed be circumstances that are not obvious to us. While things appear clear-cut, we have a total of 4 lines to explain the circumstances in this situation and 4 more lines of questions. One comment I am curious about - how does a visitor have a social security number - even one marked as unauthorized for employment?

Also, don't forget she needs an immigration medical (form 693) - the civil surgeon should have the form in his office.

Hi Kathrin,

glad to be of help. I, too, have a SS card with "not valid for employment." I got it in 1991 with a B1/B2 visitor's visa when wanting to transfer my Florida driver license (which I got with a visitor's visa as well) to a California driver license. That wasn't a problem at all, but they sent me to the SS Administration as they needed a SSN for their records. I showed them my passport and my valid I-94 and got the SS card which I have to this day, and will keep until the day I die.

[Kathryn41 3,205]

Thanks JustBob,

That satisfies my curiosity.

For smiley1 - your passive aggressiveness is inappropriate. Snide comments trying to disguise themselves as helpful statements are not helpful. Your 'analysis' of my comments was way off mark - I was not suspicious - I was curious. JustBob provided the information and his response was helpful. Yours was insulting. Your 'tone' leaves much to be desired, especially as this is a forum where we share experiences rather than attack each other. You will find your participation on this site less acrimonious if you put more care into 'being considerate' as well as helpful. People will not hear 'what' you have to say if all they can focus on is 'how' you are saying it.

Edited March 12, 2010 by Kathryn41