Married but on Tourist Visa

[captal 2]

My wife and I got married in Singapore in June this year, and we are currently in the US visiting my family. I was under the impression that for her to get a US greencard she would need to go back to Japan and apply from there. When we came through Immigration at O'Hare airport, they took us to a separate area and asked us a few questions and made sure that my wife had an onward ticket out of the US (which she does). The officer was very nice and said to me "you know, your wife is eligible for a greencard" to which I replied- "I thought she had to be outside the US and it takes about a year" - he then told me that it is possible for her to get a greencard while she is in the US on a tourist visa.

This was good news- but I'm uncertain of how to proceed. Any advice on how to go about that process would be very welcome. Is my wife also able to stay in the US during this process?

Regards- Robert & Chika

[redsnap 13]

Well, theoretically it is possible to apply for a GC while your wife is in the US on a tourist visa. You have to file for AOS (Adjustment of status). Since your wife came here without the intention to immigrate, it's not considered as visa fraud. Of course you have to prove this. But the AOS could be denied and then you guys are in trouble. The safe way is to file for CR-1. here are great guides on this site to help you with that. I'm not sure why the immigration officer advised you to go the unsafe route...

[NigeriaorBust 4,087]

If it isn't your intention to spend more than half of the year in the US then you don't really want a green card yet. To keep a green card your wife would need to show that she spends over half the time in the US. If you are living in another country then a visitors visa is the correct visa to visit the US. When you get ready to come here permanently then you want a green card.

[ValerieA 350]

NigeriaorBust is correct, but if you do decide to stay in the US permanently on this visit, AOSing is definitely an option. Note that your wife should not leave the country while her AOS is processing - at least until she receives her AP.

You would not have to prove you had no intent to immigrate, you can not be denied on that basis alone even if you did have intent.

Edited November 23, 2011 by ValerieA

[captal 2]

Thanks for the replies everyone. We actually had no intention of my wife immigrating to the US when we arrived because I had been pursuing a contract in Australia (we were here just to visit my family over the holidays)- it's looking like that contract is going to fall through so we're considering our options. It's good to know that my wife will be able to stay if we decided to live in the US, but it sounds like I'll need to find a job (or a co-sponsor) before we start the application process.

My friend said her parents did an AOS when they came to visit on a tourist visa (her sister was the sponsor) so it sounds like it is doable- though they hired a lawyer. I haven't thought about whether or not we should hire a lawyer or not.

Is this the right guide I should be looking at (I-130): http://www.visajourney.com/content/i130guide2

[ValerieA 350]

Yes, that is the correct guide. I ultimately regretted getting a lawyer, as they slowed the process down quite a bit and you have to provide the information they are using to fill in the forms, anyway. Read the guide, ponder the forms, wander around this forum for a while, and see if you feel comfortable filling them out yourself.

[ceadsearc 516]

I agree with Valerie, we kind of regretted it, too. Our lawyer was perfectly fine, but it was a waste of money that we thought we needed to spend because we didn't do enough research before we filed to realize that my husband having an arrest (for which he was never convicted and all charges were dropped) wouldn't cause a huge issue.

In any case, yes, you will need a job or co-sponsor if you choose to go that route in order to reach the 125% of the poverty guideline.

[captal 2]

Another quick question pertaining to our situation:

My wife has been here about 5 weeks (meaning she still has about another 7 weeks until her tourist visa expires). What paperwork do I need to get in before her tourist visa expires? Is there anything I need to have approved before it expires?

The reason I ask is that I am waiting until the holidays to seriously job search- and I'd prefer to not have a sponsor, meaning I need a job before we apply. (I also need to get my tax returns from the last couple years in- I was living abroad on a foreign income exclusion...)

[ceadsearc 516]

Another quick question pertaining to our situation:

My wife has been here about 5 weeks (meaning she still has about another 7 weeks until her tourist visa expires). What paperwork do I need to get in before her tourist visa expires? Is there anything I need to have approved before it expires?

The reason I ask is that I am waiting until the holidays to seriously job search- and I'd prefer to not have a sponsor, meaning I need a job before we apply. (I also need to get my tax returns from the last couple years in- I was living abroad on a foreign income exclusion...)

Everything needs to be filed and received before the visa expires, or else she will be out-of-status and runs the risk of being detained. It would also mean that, if you changed your mind, she'd have a hard time returning to visit on a tourist visa since she overstayed her previous one.

You'll need to follow the guidelines for adjustment of status here at VisaJourney, but to give you a start she will need a full medical exam from a civil surgeon (best to get on this soon, particularly if she is not up to date on vaccinations, as securing an appointment can take time and some vaccinations require multiple doses), and you will need to file the I-485, I-130, I-864, as well as the I-765 and I-131 if she wants to work and/or travel while her AOS is pending.

[captal 2]

How do I get a medical from "a civil surgeon?" What does that mean? Do I call up the hospital and say "I need a medical with a civil surgeon?" I assume I'll have to get her vaccination paperwork from Japan as well...

Actually, that reminds me. Is there a list of everything I would need from the foreign country so that her family can send it all at once?

Birth Certificate (notarized copy?)

Vaccinations/previous medical

...

Edited December 22, 2011 by captal

[ceadsearc 516]

How do I get a medical from "a civil surgeon?" What does that mean? Do I call up the hospital and say "I need a medical with a civil surgeon?" I assume I'll have to get her vaccination paperwork from Japan as well...

If you can get her vaccination paperwork from Japan, that's great. If not, the civil surgeon can run a blood test to determine what she immune to/has already been vaccinated against so she won't need to repeat vaccinations.

USCIS requires a medical exam to be done by a civil surgeon. You can search the USCIS website here (https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV) to find a civil surgeon in your area who can perform the exam. You may want to call around to a few, as the prices and wait time can vary greatly.

As for the documents you will need from Japan: look through the VJ guide here (http://www.visajourney.com/content/i130guide2) that you will be following. It will tell you everything you will be sending and includes all documents that will be needed, so you should be able to see what you already have and what you will need to get.

Edited December 22, 2011 by ceadsearc

[Know_Ledge 6]

How do I get a medical from "a civil surgeon?" What does that mean? Do I call up the hospital and say "I need a medical with a civil surgeon?" I assume I'll have to get her vaccination paperwork from Japan as well...

Actually, that reminds me. Is there a list of everything I would need from the foreign country so that her family can send it all at once?

Birth Certificate (notarized copy?)

Vaccinations/previous medical

...

Here's a link to find a civil surgeon to perform your medical:

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

These doctors are the only ones designated to perform your medical. It would be good to get her vaccination record. If it's not available, your wife may have to get the vaccines again.

[MalaysianGirl 26]

Just a note to captal: It is not the expiry of the VISA that matters, but the date written on the I-94. The visa could be a three-month visa but the CBP officer at the POE could give six months and write the appropriate date on the I-94. captal, please do check your wife's I-94.

[Moomin 292]

When you(she) was questioned, she didn't happen to sign anything, right?

It is perfectly legal for you to file a petition while she is in the US. I'm a bit surprised how straight forward the CBP was however I only have positive things to say about the treatment at O'hare anyways. Did he clarify which process he was referring to? Only filing i-130, leaving and then coming back, or filing i-130 and 1-485?

[captal 2]

The stamp in her passport says Class ____WC____ (or something that looks like WC) and then hand-written below is 15 FEB 2012 (the admitted date is NOV 18 2011 - part of the stamp)

Neither one of us signed anything. He did not clarify the process- he only said that since we were married she was entitled to a green card and that the process could happen while she remained in the US.