Changing of Status from a Tourist Visa to a Spouse

[DaveB 0]

My wife and her daughter came in from the Philippines using her Visitor (Tourist) Visa on April 22, 2006. They were granted a 6 months stay (10/21/06). Her daughter is 10yo.

She never filed for a Fiance visa. I've known her for a long time, and we have been planning to do this for awhile, but not as a Fiance visa.

We got married on 8/26 in the local Catholic church.

I need to file forms to get her status changed from Tourist to Spouse.

I want to try to avoid using a lawyer, but it is getting more and more confusing.

I don't want to waste time by filing the wrong forms or risk having to send my wife and step-daughter back to the Philippines.

What are the most important documents I need to send in - RIGHT NOW - that will get the process started and avoid having to send her back to the Philippines?

I have the I485 for my wife and step-daughter.

I have the G325a for me, my wife and step-daughter.

I have the I130 for my wife and step-daughter

I have the I864 (with copies of my '05 tax return).

I have "passport photos" of me, my wife & my step-daughter.

I have copies of their Passport bio page and their tourist visa pages.

I don't care about her working right now.

What else do I need?

[john_and_marlene 162]

My wife and her daughter came in from the Philippines using her Visitor (Tourist) Visa on April 22, 2006. They were granted a 6 months stay (10/21/06). Her daughter is 10yo.

She never filed for a Fiance visa. I've known her for a long time, and we have been planning to do this for awhile, but not as a Fiance visa.We got married on 8/26 in the local Catholic church.

I need to file forms to get her status changed from Tourist to Spouse.

I want to try to avoid using a lawyer, but it is getting more and more confusing.

I don't want to waste time by filing the wrong forms or risk having to send my wife and step-daughter back to the Philippines.

What are the most important documents I need to send in - RIGHT NOW - that will get the process started and avoid having to send her back to the Philippines?

I have the I485 for my wife and step-daughter.

I have the G325a for me, my wife and step-daughter.

I have the I130 for my wife and step-daughter

I have the I864 (with copies of my '05 tax return).

I have "passport photos" of me, my wife & my step-daughter.

I have copies of their Passport bio page and their tourist visa pages.

I don't care about her working right now.

What else do I need?

You have been planning for a while for her to enter on a tourist visa, then get married and adjust status?

[Dr_LHA 3]

What else do I need?

You have all the right forms by the sounds of things. However just to warn you that you must have some evidence that when your wife entered on a tourist visa, she wasn't intending on staying in the country, and that your wedding was "impromptu".

If you were planning on getting married all along when she arrived on a tourist visa then that is serious immigration fraud and will be punished if USCIS believe this is what happened.

[YuAndDan 153]

If you were planing on having wife enter country on a tourist visa and adjusting status, you may have a problem using a tourist visa to immigrate is a reason for USCIS to deny AOS.

You are walking on shaky ground. They have a reason for the K1, K3, and other marriage based visas.

If they suspect that entry on a visitors visa was for the purpose of marriage they can deny.

I would consult a immigration attorney.

[Kez/JWolf 6]

Send her home and file for the correct visa.... if you planned to do this you have commited visa fraud....

you do need to consult a lawyer as your action can cause you major issues in the future....

Kezzie

[YuAndDan 153]

I would never break immigration laws just to avoid the waiting time involved in the normal marriage based visa process, the penalty is too great! My fiance could be bared entry for 5-10 years.

We are doing it the correct way by filing for a K1. What is 8 months waiting compared to a 10 year bar.

I love my girl too much to take that risk!

[kevinsu 0]

I would never break immigration laws just to avoid the waiting time involved in the normal marriage based visa process, the penalty is too great! My fiance could be bared entry for 5-10 years.

We are doing it the correct way by filing for a K1. What is 8 months waiting compared to a 10 year bar.

I love my girl too much to take that risk!

When folks ask difficult questions, it's fine to suggest to them that they should go see a lawyer, but we shouldn't be offering legal advice, opinion, or conclusions in the same breath.

As an aside, K1/K3 isn't the only way to file for AOS. There are many many people who were legally in the U.S. with no original *intent* on getting married. People fall in love and get married, and then file for AOS. Granted, the OP's situation appears to be more risky. But that's because *intent* will be harder to show in his situation, and *NOT* necessarily because his wife entered on a tourist visa. That is the critical point that I must make.

It's entirely possible that he meant that they've wanted to get married for quite some time, but that it was not their plan to get married on this tourist trip. The wedding could've "happened" for a multitude of reasons. So, let's have him explain what he means before we all jump to conclusions. In fact, we shouldn't be making any conclusions at all.

[meauxna 15]

DaveB, the est advice you could take from here has nothing to do with forms.

Take your paperwork and have a consultation with a lawyer in private. Hire her or not, but show her all the facts and get some proper advice. No one here can reassure you or steer you right, sorry.

[Kez/JWolf 6]

I would never break immigration laws just to avoid the waiting time involved in the normal marriage based visa process, the penalty is too great! My fiance could be bared entry for 5-10 years.

We are doing it the correct way by filing for a K1. What is 8 months waiting compared to a 10 year bar.

I love my girl too much to take that risk!

When folks ask difficult questions, it's fine to suggest to them that they should go see a lawyer, but we shouldn't be offering legal advice, opinion, or conclusions in the same breath.

As an aside, K1/K3 isn't the only way to file for AOS. There are many many people who were legally in the U.S. with no original *intent* on getting married. People fall in love and get married, and then file for AOS. Granted, the OP's situation appears to be more risky. But that's because *intent* will be harder to show in his situation, and *NOT* necessarily because his wife entered on a tourist visa. That is the critical point that I must make.

It's entirely possible that he meant that they've wanted to get married for quite some time, but that it was not their plan to get married on this tourist trip. The wedding could've "happened" for a multitude of reasons. So, let's have him explain what he means before we all jump to conclusions. In fact, we shouldn't be making any conclusions at all.

He came her looking for advice so our advice is what he got.... not legal advice just advice.... and yes I know all about doing AOS from a tourist visa/VWP as do many others here.... the fact still remains that he said he has planned this for a long time.... so we will let him explain what exactly he ment by that.... but I can asuure you USCIS wont wait of an explanation... if they think it was planned they will be denied...

Kezzie

[Dr_LHA 3]

Having a spouse from the country with the largest amount of visa/immigration fraud won't help either. The case needs to be rock solid.

[Anastassia 0]

hhhhhhhmmmmmm this is what the lawyer my husband had seen once recommended: to get to USA on tourist visa and get married. Only that I was denied the visa.

I have seen many people here who did it and adjusted their status.

Ana

[danae 0]

hhhhhhhmmmmmm this is what the lawyer my husband had seen once recommended: to get to USA on tourist visa and get married. Only that I was denied the visa.

I have seen many people here who did it and adjusted their status.

Ana

A lawyer recommended you commit immigration fraud??! you should report him/her.

[kitkat1 5]

My wife and her daughter came in from the Philippines using her Visitor (Tourist) Visa on April 22, 2006. They were granted a 6 months stay (10/21/06). Her daughter is 10yo.

She never filed for a Fiance visa. I've known her for a long time, and we have been planning to do this for awhile, but not as a Fiance visa.

We got married on 8/26 in the local Catholic church.

I need to file forms to get her status changed from Tourist to Spouse.

I want to try to avoid using a lawyer, but it is getting more and more confusing.

I don't want to waste time by filing the wrong forms or risk having to send my wife and step-daughter back to the Philippines.

What are the most important documents I need to send in - RIGHT NOW - that will get the process started and avoid having to send her back to the Philippines?

I have the I485 for my wife and step-daughter.

I have the G325a for me, my wife and step-daughter.

I have the I130 for my wife and step-daughter

I have the I864 (with copies of my '05 tax return).

I have "passport photos" of me, my wife & my step-daughter.

I have copies of their Passport bio page and their tourist visa pages.

I don't care about her working right now.

What else do I need?

Like others have said, the smartest thing to do right now would be to consult a qualified, experienced immigration attorney. I just read of a very similar case on immigrate2us.net where the foreign spouse was denied her visa for "misrepresentation" meaning the CO determined that she misrepresented her intention to enter the US on a tourist visa to visit because she got married. This is a complicated situation - best to get some solid legal advice. Good luck.

[YuAndDan 153]

At the AOS interview they can put the two of you through hell if they suspect visa fraud, they can separate the two of you and interview separately looking for inconsistencies.

At this point consult a lawyer.