What is the right petition for a spouse?

[meblue 5]

They got married in Abu Dhabi and the alien spouse is in the US with a tourist visa right now. My questions are:

1. What kind of petition that the USC spouse will file?

2. What form or forms to submit?

3. What are the requirements?

I'll appreciate any input. Thank you.

[jaycali 415]

They got married in Abu Dhabi and the alien spouse is in the US with a tourist visa right now. My questions are:

1. What kind of petition that the USC spouse will file?

- File I-130 and I-485 concurrently. I-130 is petition for alien relative, I-485 is for adjustment of status from tourist to permanent resident.

2. What form or forms to submit?

- See above. In addition, they can file I-765 for work authorization while case pending, and I-131 for advance parole while case pending. Those two are optional.

3. What are the requirements?

- They must be legally married by US federal law, the marriage must be bona fide, and they must not have intended to file for adjustment of status when the spouse arrived on the tourist visa.

I'll appreciate any input. Thank you.

Edited November 7, 2013 by jaycali

[meblue 5]

Thanks for the quick reply. But the marriage is just one year can they still File I-130 and I-485 concurrently?

They got married in Abu Dhabi and the alien spouse is in the US with a tourist visa right now. My questions are:

1. What kind of petition that the USC spouse will file?
- File I-130 and I-485 concurrently. I-130 is petition for alien relative, I-485 is for adjustment of status from tourist to permanent resident.
2. What form or forms to submit?
- See above. In addition, they can file I-765 for work authorization while case pending, and I-131 for advance parole while case pending. Those two are optional.
3. What are the requirements?
- They must be legally married by US federal law, the marriage must be bona fide, and they must not have intended to file for adjustment of status when the spouse arrived on the tourist visa.

I'll appreciate any input. Thank you.

[jaycali 415]

Absolutely. They're married.

Doesn't matter if they've been married for 24 years or 24 hours.

Edited November 7, 2013 by jaycali

[meblue 5]

Thanks for the good advice and quick reply

Absolutely. They're married.

Doesn't matter if they've been married for 24 years or 24 hours.

[Mark88 183]

- They must be legally married by US federal law, the marriage must be bona fide, and they must not have intended to file for adjustment of status when the spouse arrived on the tourist visa

Mel, don't underestimate this point. If you can not proof that there was no intention on immigrating while on a B2, she could face deportation proceedings.