spouse of a green card holder

[isthiano 0]

My wife is a green card holder, she has lived in the United States for over a year and in a full time employment, I am a British citizen who has visited her for over four times in the last one year, we got married here in one of my visit recently and we decided to live together here in America permanently however, I came on a visitor's visa under visa waiver enjoyed by the UK but, we got married still without any questions.

Now that I have decided to stay permanently, how do we go about the application? A friend already refer me to the USCIS I-130 form but I am not too sure about it because I do not want to go back to the UK.

Please I need all meaningful advice/contribution.

[Merrytooth 5,748]

As your spouse is green card holder, you cannot adjust status in US. Your spouse filed for I-130, and you must wait for the priority date to be current (2 to 3 years) before you could adjust status, which means medical and interview at US consulate in UK.

Only spouse of US citizen could adjust status (filing I-130 and I-485 together) in US without the waiting time.

Please don't overstay your VWP, otherwise you can't use it anymore to visit your spouse in US while waiting.

[Coleman21 6]

Hello,

I think you just need to adjust your status and that you do not need to go back to your country. USCIS rather wants you to stay in the USA for you to show them that you want to stay married to your wife. I got married on student visa and people say I can still apply for green card through marriage, so I think you're fine because your case is easier. I entered USA saying my purpose of visit is to go to college in the USA, but I got married after that. I still went to school after that and I'm still in school, living with my husband near my college. Your case is that your purpose of visit to the USA was to visit your wife, so I don't think you will be in trouble at all. Also, I know a friend whose son-in-law is from Australia. He came visit her current wife in the USA and overstayed in the USA and was in deportation, but as soon as he got married to my friend's daughter, he was fine and he got green card through marriage. He's now working at a company in the USA legally.

Did you overstay in the USA or not? As long as you didn't overstay I think you can easily get green card.

Also, I-130 is what your wife has to file for you. By getting permanent residency, you won't get to go back to the UK for a certain amount of time unless you get permission. After the certain period of time, you can go back to the UK if you change your mind, but just for a visit unless you need to work there or something and get permission to come back to the USA without losing green card.

I actually haven't even applied for green card yet, so you may want to get answers from other people, but this is best of my knowledge. Good luck!!!

My wife is a green card holder, she has lived in the United States for over a year and in a full time employment, I am a British citizen who has visited her for over four times in the last one year, we got married here in one of my visit recently and we decided to live together here in America permanently however, I came on a visitor's visa under visa waiver enjoyed by the UK but, we got married still without any questions.

Now that I have decided to stay permanently, how do we go about the application? A friend already refer me to the USCIS I-130 form but I am not too sure about it because I do not want to go back to the UK.

Please I need all meaningful advice/contribution.

[Nich-Nick 3,354]

My wife is a green card holder, she has lived in the United States for over a year and in a full time employment, I am a British citizen who has visited her for over four times in the last one year, we got married here in one of my visit recently and we decided to live together here in America permanently however, I came on a visitor's visa under visa waiver enjoyed by the UK but, we got married still without any questions.

Now that I have decided to stay permanently, how do we go about the application? A friend already refer me to the USCIS I-130 form but I am not too sure about it because I do not want to go back to the UK.

Please I need all meaningful advice/contribution.

You will have about a 2 1/2 year wait for an immigrant visa to be available to you since your wife is not a US citizen. Meanwhile you only have 90 days allowed to stay in the US on visa waiver. Here is a short brochure from the government about it. http://www.uscis.gov/USCIS/Resources/B1en.pdf Read the last paragraph.

Can my relative wait in the United States until he or she can become a permanent resident?

No. Your relative’s approved petition gives your relative a place in line among those waiting to immigrate. It does not give permission for your relative to live or work in the United States while he or she is waiting to apply for permanent residence. If he or she enters or stays without legal status, it will affect his or her eligibility to become a permanent resident upon reaching his or her place in line for issuance of a visa.

[isthiano 0]

Hello,

I think you just need to adjust your status and that you do not need to go back to your country. USCIS rather wants you to stay in the USA for you to show them that you want to stay married to your wife. I got married on student visa and people say I can still apply for green card through marriage, so I think you're fine because your case is easier. I entered USA saying my purpose of visit is to go to college in the USA, but I got married after that. I still went to school after that and I'm still in school, living with my husband near my college. Your case is that your purpose of visit to the USA was to visit your wife, so I don't think you will be in trouble at all. Also, I know a friend whose son-in-law is from Australia. He came visit her current wife in the USA and overstayed in the USA and was in deportation, but as soon as he got married to my friend's daughter, he was fine and he got green card through marriage. He's now working at a company in the USA legally.

Did you overstay in the USA or not? As long as you didn't overstay I think you can easily get green card.

Also, I-130 is what your wife has to file for you. By getting permanent residency, you won't get to go back to the UK for a certain amount of time unless you get permission. After the certain period of time, you can go back to the UK if you change your mind, but just for a visit unless you need to work there or something and get permission to come back to the USA without losing green card.

I actually haven't even applied for green card yet, so you may want to get answers from other people, but this is best of my knowledge. Good luck!!!

[Merrytooth 5,748]

Hello,

I think you just need to adjust your status and that you do not need to go back to your country. USCIS rather wants you to stay in the USA for you to show them that you want to stay married to your wife. I got married on student visa and people say I can still apply for green card through marriage, so I think you're fine because your case is easier. I entered USA saying my purpose of visit is to go to college in the USA, but I got married after that. I still went to school after that and I'm still in school, living with my husband near my college. Your case is that your purpose of visit to the USA was to visit your wife, so I don't think you will be in trouble at all. Also, I know a friend whose son-in-law is from Australia. He came visit her current wife in the USA and overstayed in the USA and was in deportation, but as soon as he got married to my friend's daughter, he was fine and he got green card through marriage. He's now working at a company in the USA legally.

Did you overstay in the USA or not? As long as you didn't overstay I think you can easily get green card.

Also, I-130 is what your wife has to file for you. By getting permanent residency, you won't get to go back to the UK for a certain amount of time unless you get permission. After the certain period of time, you can go back to the UK if you change your mind, but just for a visit unless you need to work there or something and get permission to come back to the USA without losing green card.

I actually haven't even applied for green card yet, so you may want to get answers from other people, but this is best of my knowledge. Good luck!!!

You are so wrong..

If your spouse is US CITIZEN, then there is not problem for you to stay and adjust status.

But OP's spouse is a green card holder

==> Big difference

Get your facts right first before posting.

For OP to be able to adjust status in US based on green card holder spouse, he must be in legal status throughout the waiting time.

Overstay is ONLY forgiven for USC's spouse

[isthiano 0]

Thank you Coleman21,

We got married recently and my visa still has over two months validity however, we have pictures and financial transactions between us for the past one year, her former job wasn't a high earner job(W-2) for that period was $15,000:00 per annum but she now has a better job earning $30,000:00.

My concern is the figure on the W-2 form, will it be enough to support the application including every other document that we have in our joint name like the tenancy agreement and other document?

[Harpa Timsah 13,258]

Thank you Coleman21,

We got married recently and my visa still has over two months validity however, we have pictures and financial transactions between us for the past one year, her former job wasn't a high earner job(W-2) for that period was $15,000:00 per annum but she now has a better job earning $30,000:00.

My concern is the figure on the W-2 form, will it be enough to support the application including every other document that we have in our joint name like the tenancy agreement and other document?

It doesn't matter because you cannot stay. You cannot file for Adjustment of Status because you are not currently eligible. The person you are responding to is incorrect and misleading you.

[Coleman21 6]

I apologize for my comment. Green card holder and citizens are different like this person says. I automatically thought your wife was a citizen... Is your wife also a citizen now or just have green card?

It doesn't matter because you cannot stay. You cannot file for Adjustment of Status because you are not currently eligible. The person you are responding to is incorrect and misleading you.

[Cathi 5,748]

Hello,

I think you just need to adjust your status and that you do not need to go back to your country. USCIS rather wants you to stay in the USA for you to show them that you want to stay married to your wife. I got married on student visa and people say I can still apply for green card through marriage, so I think you're fine because your case is easier. I entered USA saying my purpose of visit is to go to college in the USA, but I got married after that. I still went to school after that and I'm still in school, living with my husband near my college. Your case is that your purpose of visit to the USA was to visit your wife, so I don't think you will be in trouble at all. Also, I know a friend whose son-in-law is from Australia. He came visit her current wife in the USA and overstayed in the USA and was in deportation, but as soon as he got married to my friend's daughter, he was fine and he got green card through marriage. He's now working at a company in the USA legally.

Did you overstay in the USA or not? As long as you didn't overstay I think you can easily get green card.

Also, I-130 is what your wife has to file for you. By getting permanent residency, you won't get to go back to the UK for a certain amount of time unless you get permission. After the certain period of time, you can go back to the UK if you change your mind, but just for a visit unless you need to work there or something and get permission to come back to the USA without losing green card.

I actually haven't even applied for green card yet, so you may want to get answers from other people, but this is best of my knowledge. Good luck!!!

this entire response is wrong!! You can only adjust status if your wife is a US CITIZEN

[Hypnos 6,576]

As stated, you cannot remain in the US and adjust status because a visa number is not immediately available to you as the spouse of a permanent resident.

Your options:

(1) File an I-130 now and return to the UK. It will take approximately 27 months for your priority date to become current (F2A - spouse of a permanent resident). If your wife becomes a US citizen in the intervening period then you can upgrade your petition to immediate relative, which will mean that a visa number is immediately available to you at that point.

(2) Remain in the US until your wife becomes a US citizen, at which point you will be able to file for adjustment of status. You will, however, be out of status from the day your authorised stay expires, which means that you will essentially be a non-person in the US; you would not be able to obtain an ID, open a bank account, work, receive a driver's license, or anything "official" like that. You would also be deportable, so should you get on ICE's radar for any reason you could potentially be detained, and possibly even deported back to the UK.

For obvious reasons, I recommend option (1).

Edited February 13, 2013 by Hypnos