from tourist visa to Green card

[Laetitia 0]

Hello,

I would like to know what you think about the following situation.

I have a friend who is married to an American. They have never lived together (She is in France and he is here in the US). She wants to come to the US so I advised her she should apply for the I130 visa from France and once she gets it she comes over and finish the process to get the green card.

She is telling me she wants to come with her tourist visa and apply for the green card when she is in the US. Is it something possible even if she lives with her husband?

I really think she has to start the whole thing from France but I guess someone told her she can just come with her tourist visa.

Please let me know your thoughts.

Thanks

[Bobby+Umit 161]

Hello,

I would like to know what you think about the following situation.

I have a friend who is married to an American. They have never lived together (She is in France and he is here in the US). She wants to come to the US so I advised her she should apply for the I130 visa from France and once she gets it she comes over and finish the process to get the green card.

This is the correct way to do it.

She is telling me she wants to come with her tourist visa and apply for the green card when she is in the US. Is it something possible even if she lives with her husband?

Not legal this way. Why wouldn't she live with her husband when she comes here? Is she planning on coming here, living by herself, and applying for a GC?

I really think she has to start the whole thing from France but I guess someone told her she can just come with her tourist visa.

I agree, her husband should start the process and go from there. The "visitor to AOS" path can be a problem. No Risk vs Risk - her choice.

Please let me know your thoughts.

Thanks

[Laetitia 0]

Thanks that is what I thought.

[Brother Hesekiel 2,236]

Even ignoring the often discussed term "intent" which explicitly prohibits what your friend is considering, there's really no way for a woman who is married to a US citizen to visit the US as a tourist and then decide to immigrate out of the spur of a moment. If there's any reason to deny Adjustment of Status, she would have provided it beautifully to the Immigration Officer adjudicating such a petition.

[Noth 4]

Salut Leatitia!

Le process que ton amie envidsage est illégal. Deconseille lui fortement de le faire!

La procedure venir sur un visa touriste puis aplication pour la residence marche UNIQUEMENT si tu te marie sur le sol US pendant le dit visa et donc ne retourne pas en france.

(c'est mon cas par exemple).

Si ton amie est déja mariée et qu'elle veut rejoindre son mari alors il faut qu'il commence les procedures pour la faire reconnaitre comme sa femme et lui obtenir un visa "d'epouse" (je ne connais le nom/numéro de ce visa, mais ca devrais facile a trouver) Il n'y a malheureusement pas d'autre option dans son cas!

Je rapelle qu'entrer au etats unis avec un visa touriste dans l'intention de se marier ou d'emigrer et lourdement puni par la loi, le meilleur conseil serait qu'elle aille voir un avocat et qu'elle lui pose la question.

bonne chance a elle (desolée je me sentais pas d'ecrire en anglais)

Noth