conversion of a tourist visa to f2a in the usa help

[boxer29 0]

i have got LPR if i marry some one who is on a toursit visa in the states and then file her f2a can she stay in the usa till her 2 years wait period is over ,or would she have to go back after 6 months of her visa if her case is filed

can a tourist status be changed to a F2a when she register her marriage in the states with am lpr .

2)if she has got multiple visa what will hapen to her multiple visa will it be canelled after she applies for F2a ,i mean can she come back after 6 months to usa to stay with me till her case is decided .

3)will it affect her getting the green card and naturalisation ,can her status be changed

thanks

[Hypnos 6,578]

No.

As the spouse of an LPR an immigrant visa number would not be immediately available (to your spouse), and so she couldn't "wait it out" in the US because this incurred overstay would not be forgiven since you are an LPR and not a US citizen.

She can attempt to visit you on a tourist visa (or VWP if available to your spouse), but would need to leave by the date indicated on the I-94 or passport stamp.

If she did visit you in the US, overstay, and then attempt to file for AoS, it would be denied.

[boxer29 0]

let me rephrase it for you

I have got LPR and work in the usa for 2 years

going to get marreid soon ,as it takes 2 years for F2a to mature ,can i do these alternatives to bring my future wife with me to usa

i have consulted some local person who gave me these options

1)to apply for a vist visa and then file for my wifes petition under F2A.

2) try to get her a student visa and then if she gets one .file her petition and when she reaches usa on student visa ,convert her status to F2A.she can get her credits transferred and will finish her studies here in usa .

i am bit confused here

will they usa people allow me to change my wifes status

can she stay with me till her F2A matures in 2 years ,or would she has to go back

just cant wait for these 2 years

is there any way of bringing here so that we can both stay together till her case matures

thanks

[gene&magnolia 3]

Provisional waiver.

[belinda63 3,041]

The answer is no. She can come visit but she cannot remain past the allowed time. You can file the I-130 anytime, she does not have to be here when you do it. She will have to wait about 2 years for a visa number to become available. If she is in the US, in status, when a visa number becomes available she can adjust status to a LPR. If she is out of status inside the US when the visa number becomes available, she cannot adjust status.

If she came on a student visa or a work visa and were here on that when a visa became available, then sure, she would be in status and could adjust.

A provisional waiver is only available to US citizen immediate relatives. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bc41875decf56310VgnVCM100000082ca60aRCRD&vgnextchannel=bc41875decf56310VgnVCM100000082ca60aRCRD

Edited June 5, 2013 by belinda63

[boxer29 0]

let me rephrase it for you

I have got LPR and work in the usa for 2 years

going to get marreid soon ,as it takes 2 years for F2a to mature ,can i do these alternatives to bring my future wife with me to usa

i have consulted some local person who gave me these options

1)to apply for a vist visa and then file for my wifes petition under F2A.

2) try to get her a student visa and then if she gets one .file her petition and when she reaches usa on student visa ,convert her status to F2A.she can get her credits transferred and will finish her studies here in usa .

i am bit confused here

will they usa people allow me to change my wifes status

can she stay with me till her F2A matures in 2 years ,or would she has to go back

just cant wait for these 2 years

is there any way of bringing here so that we can both stay together till her case matures

thanks

[Hypnos 6,578]

You posted the same reply twice.

The answer is no. From the facts as you have outlined then, she cannot "visit" you in the US for two years until her priority date becomes current.

She cannot file for AoS until her priority date becomes current. Because the petitioner is an LPR and not a US citizen then she must remain in a valid nonimmigrant status for the entire time she is in the US before she would be allowed to file for AoS.

She could possibly obtain a student visa (F-1) and study in the US. At the time her priority date became current she could then file for AoS.

Also, if you became a US citizen then she could adjust status in-country regardless of whether she had any overstay or not. Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud, however.

[belinda63 3,041]

F2A is not a visa status like a student visa or work visa, it is a category which tells you how long you will have to wait for a visa to become available. There is no "converting her visa to an F2A, as there is no such visa". You get married, you file the I-130, you wait about 2 years until a visa number becomes available. You will then be contacted and permitted to continue processing of the PETITION for her to apply for a visa (see she hasn't even applied for a visa yet, much less received one). If she is outside the US, she will apply at the local consulate for her visa. If she is inside the US, and in status, meaning not on an expired visa or entered without inspection, then you can apply for her green card from inside the US. If she is inside the US and not in status, expired visa, etc, she will have to leave and apply for the visa at a consulate. If she remains inside the US for more than 180 days out of status, she will receive a ban from entering the US.

She can have a visa while the I-130 is processing. For example, she will not lose her tourist visa just because you file the I-130. She can apply for a student or work visa without it affecting the I-130 processing. She will have to show strong ties to her home country to prove she will return and not overstay.