LPR petitioning spouse w/ tourist visa

[Jasper10 0]

Hi everyone!

I am new here and really confused.

I am a LPR for 3 years and planning to petition my wife. She entered US with tourist visa and we got married last July.

Is there any way that she can stay here in US? Do I have to file I-130 then I485 so she can stay?

I dont wanna get seperated from her for 2 years which is until I get to be USC. Pls help in the name of LOVE

[Lexlee08 18]

Hi Jasper,

If you petition for your wife she will fall under F2A category. I assume she is here 6 months from date of entry. At this time, I-130(filed in CA service center) is only processing application that were received Jul. 2009, and I-485 processing time is approximately 4 months basing from USCIS website. So, basing from all this dates, she will be out of status by the time your application becomes current. There is a 9months to 1 year of waiting period for this visa category. I think an overstay is only forgiven if a person marries a USC, with that being said she cannot adjust her status here in the US. Why don't you just file for her petition now and have her go home before her I-94 expires? Either way you still have to wait, so why don't you just do the right thing form the start. I understand the separation issue but when it comes to USCIS they are not very forgiving when it comes to immigration processing.

I hope this information helps and goodluck with your journey.

[pookaphilus 12]

Hi Jasper,

If you petition for your wife she will fall under F2A category. I assume she is here 6 months from date of entry. At this time, I-130(filed in CA service center) is only processing application that were received Jul. 2009, and I-485 processing time is approximately 4 months basing from USCIS website. So, basing from all this dates, she will be out of status by the time your application becomes current. There is a 9months to 1 year of waiting period for this visa category. I think an overstay is only forgiven if a person marries a USC, with that being said she cannot adjust her status here in the US. Why don't you just file for her petition now and have her go home before her I-94 expires? Either way you still have to wait, so why don't you just do the right thing form the start. I understand the separation issue but when it comes to USCIS they are not very forgiving when it comes to immigration processing.

I hope this information helps and goodluck with your journey.

Agree..do what is the "right" thing to do...all of us here have been through the whole process...in the end, everything is worth the wait!!!

[Jasper10 0]

Hi Jasper,

If you petition for your wife she will fall under F2A category. I assume she is here 6 months from date of entry. At this time, I-130(filed in CA service center) is only processing application that were received Jul. 2009, and I-485 processing time is approximately 4 months basing from USCIS website. So, basing from all this dates, she will be out of status by the time your application becomes current. There is a 9months to 1 year of waiting period for this visa category. I think an overstay is only forgiven if a person marries a USC, with that being said she cannot adjust her status here in the US. Why don't you just file for her petition now and have her go home before her I-94 expires? Either way you still have to wait, so why don't you just do the right thing form the start. I understand the separation issue but when it comes to USCIS they are not very forgiving when it comes to immigration processing.

I hope this information helps and goodluck with your journey.

Thank everyone I appreciate the answers. We have to do is what we must do. Thanks for the information. 2 years is nothing if it worth a lifetime with my wife

[Lexlee08 18]

jasper,

I agree, 2 years is really nothing, time flies very fast, plus with all the technology today, you can use a lot of medium to get in touch with your wife. Again, congratulations on the wedding and goodluck with your immigration journey.

[Icede 1]

Hi,

my situation is similar... I am LPR wife, and he will be able to apply for naturalization on 25th May, 2011...

at the moment I am here in USA under Turist visa and I am planning to go back to my country before my I-94 expires....

my question is: can my husband file I-130 for me now? would that help to save some time in the future? we are planning to get K-3 visa for me... if he would file a I-130 now, while he is a permanent resident, then after he will become a citizen, he would need only to inform USCIS that he became a citizen and to file I-129F ?...

Hi Jasper,

If you petition for your wife she will fall under F2A category. I assume she is here 6 months from date of entry. At this time, I-130(filed in CA service center) is only processing application that were received Jul. 2009, and I-485 processing time is approximately 4 months basing from USCIS website. So, basing from all this dates, she will be out of status by the time your application becomes current. There is a 9months to 1 year of waiting period for this visa category. I think an overstay is only forgiven if a person marries a USC, with that being said she cannot adjust her status here in the US. Why don't you just file for her petition now and have her go home before her I-94 expires? Either way you still have to wait, so why don't you just do the right thing form the start. I understand the separation issue but when it comes to USCIS they are not very forgiving when it comes to immigration processing.

I hope this information helps and goodluck with your journey.