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patvave

AOS from tourist visa

By patvave in Adjustment of Status from Work, Student, & Tourist Visas

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patvave Newbie

patvave   0

Posted
Filed: Country: Mexico
 Timeline
Posted

We are really glad to have found this site, any and all help would be greatly appreciated. Our situation: I am a US citizen and my wife is from Mexico. We met in Mexico in 2008, we dated for 3 years visiting each other, I traveled to Mexico and she came many times to California with her tourist visa, that in fact she already had prior. This year in one her visits I did the proposal and we got married on July. We have decided to live in California and I want to adjust her status. We have read all the forms and issues about got married with a tourist visa that now we are confuse and afraid that maybe we did wrong, we didn’t know before about the K-1, we just got married because we love and we want to live together so she never had the intention to use the tourist visa to change her status. My question is what steps should we follow if we already got married and she can enter and leave the country legally with a tourist visa? She had never overstayed the visa.

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

Is she currently in the US, under a B2 status?

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Ning Experienced

Ning   619

Posted
Filed: K-3 Visa Country: Thailand
 Timeline
Posted

We are really glad to have found this site, any and all help would be greatly appreciated. Our situation: I am a US citizen and my wife is from Mexico. We met in Mexico in 2008, we dated for 3 years visiting each other, I traveled to Mexico and she came many times to California with her tourist visa, that in fact she already had prior. This year in one her visits I did the proposal and we got married on July. We have decided to live in California and I want to adjust her status. We have read all the forms and issues about got married with a tourist visa that now we are confuse and afraid that maybe we did wrong, we didn’t know before about the K-1, we just got married because we love and we want to live together so she never had the intention to use the tourist visa to change her status. My question is what steps should we follow if we already got married and she can enter and leave the country legally with a tourist visa? She had never overstayed the visa.

You didnt do anything illegal by marrying her while here on a tourist visa. The approval of the petition you file if she is is still in the USA will hinge on her intent at the time she entered the USA.

If she is in the USA & is going to stay you would file the 130 & 485 docs to do the AOS. If you do that she must not leave until she has her green card OR you get her AP (advance parole). If she does leave she may not be allowed to re enter using her tourist visa due to the pending petition.

See the guides at the top of this page. Find the section about filing these docs.

ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

If she is currently in the US and you were not planning for her to stay when she came to visit, you can adjust her status. If she is not currently in the US, you still did nothing illegal by getting married on the tourist visa, but you cannot adjust her status. Instead, you would file for a CR-1, and she can continue to visit you on her tourist visa (at the discretion of CBP so she will want to provide lots of evidence of ties to her home country every time she comes to visit).

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

 
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