US Citizen marrying Foreign National

[syv1984 0]

My wife and I got married in May 2014 in India. She already had a visitor Visa for the US prior to our marriage. She is currently visiting the US and was stamped for 4 months. I am a US citizen and she is an Indian citizen who is here in the US for the first time on her visitor visa. How should I go about applying for her status change?

[RobbieG 94]

If she intends to move to the USA then you must petition her for a CR1 Visa by filing a I-130 petition to start the process. My husband and I chose to complete the process with him in his home country and myself here in the USA. Adjustment of Status and CR1 visas are of course different. Please research and determine what is best for you in your situation.

There are excellent guides here on VJ that can get you pointed in the right direction.

If your case isn't complicated (ie no previous overstays, criminal histories or previous denied petitions, etc) then you may elect to complete the process yourself without a lawyer.

The process takes 10 months to 14 months and beyond (rare cases).

Good luck and my thoughts to you is read the guides and the forums and listen to the experts here. Their help is invaluable.

[Darnell 8,479]

adjust status inside the usa?

USCIS says it's do-able, but if CBP learned of any intent at the border crossing, filing AOS is considered immigration fraud. So, although adjusting is an option, be wary about it.

as to 'how to do' - we've a Guides section here - check it out again when logged in from a PC, as handphone browsers SUCK when trying to do real research here.

[aaron2020 11,651]

Holy cow.

Here is the truth.

Your wife can file for AOS since she is currently in the US. RobbieG is incorrect for stating that "if she intends to move to the USA then you must petition her for a CR1 Visa". Your wife does not need a CR1. She can apply for an AOS since she is currently in the US.

While it is immigration fraud to enter the US on a nonimmigrant visa with the preconceived intent to immigrate by AOS, the law also states that the preconceived intent to immigrate alone is not a valid reason to deny the AOS of an Immediate Relative of a USC as long as the immigrant did not lie at the POE. As long as your wife did not lie at the POE, her AOS can not be denied based on the preconceived intent to immigrate.

Relax and file for AOS. Follow the Guides on this site.

Edited July 10, 2014 by aaron2020

[RobbieG 94]

It sounded to me like the OP 's wife was visiting the US and not living here. So yes, if the wife wants to move here while living in her home country the USC could petition for a CR1.

If the non-USC wife came as a tourist and now wants to stay then, yes AOS is an option. The OP didn't say that however. The OP clearly states "visiting."

[aaron2020 11,651]

OP's last sentence asks how he can apply to change her status.

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[funkymunky 11]

File I-130 & I-485 together, just know that you will have to be prepared to be stuck here while it's being filed. Mine took 7 months but that was back in 2012, I was advised not to travel overseas and I wouldn't recommend it even after receiving authorization to travel. Better safe than sorry!

[syv1984 0]

Thank you for your responses everyone. Clearly, the intent is not to break any rules and circumvent the process by trying to cheat or commit visa fraud. She has her return ticket and I will absolutely make sure she returns back in time as we have no intention to break any rules.

I'm thinking based on what you guys shared that I should go ahead and I-30 and I-485 together and just state the situation as it stands. I plan to not hide any information as I simply avoided immediately filing for her status change before giving her the opportunity to use her visitor visa to enter the US first, and I thought may be it'd be smarter to file after the she entered the US so at least she can be with me for a few months right after our marriage.

[ValerieA 350]

Do NOT have her leave the country or her AOS will be considered abandoned and you will have to go the CR-1 route! Follow the guide, send in the I-130 and I-485 packages, and make sure she does not leave the country until she received either her AP or green card. You have done nothing wrong, and even if they suspect preconceived intent, they can not deny an application on that basis. It should only take 3-5 months to get her green card.

[syv1984 0]

ValerieA, how do I deal with her return ticket when you say do not let her leave. If her stamp expires, she has to be on her way out of the country prior to that otherwise we'd be breaking the law having her overstay? That possibly can't be legal. Am I missing something?

[aaron2020 11,651]

ValerieA, how do I deal with her return ticket when you say do not let her leave. If her stamp expires, she has to be on her way out of the country prior to that otherwise we'd be breaking the law having her overstay? That possibly can't be legal. Am I missing something?

Filing for AOS authorizes her to be in the US until she is granted the green card. There is no overstay when she gets this authorization to stay.

Forget about the return ticket. She doesn't need to use it if you intend to AOS. In fact, leaving while AOSing without AP voids the entire thing.

Don't let her leave on that return ticket if you want to AOS and keep her here.

Edited July 20, 2014 by aaron2020

[Dohan 133]

It really depends on what you stated at the POE. Did she make it clear that you guys are married and she is coming to the US to visit YOU and stay with you? Did she enter as your wife or as a visitor?

The proper route is I 130. If you are not clear, I strongly advise you speak to an immigration attorney because as far as I know no one on this site is an immigration attorney or an immigration law expert and the knowledge ppl have here is based on their own experiences. Doing an AOS is very risky and may put the future potential of your wife becoming a citizen in jeopardy if they catch on that her entry to the US was not done properly. Especially because your marriage certificate from India will show a date PRIOR to her entry in the US.

Most immigration attorneys do not charge a fee for the first consultation or charge a small fee, about $40-$50. If you cannot afford an attorney look for a Legal Aid Group or association in your city.

[aaron2020 11,651]

It really depends on what you stated at the POE. Did she make it clear that you guys are married and she is coming to the US to visit YOU and stay with you? Did she enter as your wife or as a visitor?

The proper route is I 130. If you are not clear, I strongly advise you speak to an immigration attorney because as far as I know no one on this site is an immigration attorney or an immigration law expert and the knowledge ppl have here is based on their own experiences. Doing an AOS is very risky and may put the future potential of your wife becoming a citizen in jeopardy if they catch on that her entry to the US was not done properly. Especially because your marriage certificate from India will show a date PRIOR to her entry in the US.

Most immigration attorneys do not charge a fee for the first consultation or charge a small fee, about $40-$50. If you cannot afford an attorney look for a Legal Aid Group or association in your city.

You are so completely wrong.

You may need an attorney, but not everyone needs one.

Don't scare people when you don't know.

She can file for AOS. There is no great danger.

Edited July 20, 2014 by aaron2020

[Dohan 133]

Are you a legal expert? Or have you gone through the situation that he is in that you can with certainty say that he is LEGALLY allowed to do this?

This is someone's life. People on here are so quick to give advice without realizing that their words can have consequences. If he follows your advice and goodness forbid things don't work as you say, he cannot come back to you and say "hey friend, help me, my application got denied."

By the way, I am doing the process on my own because it is not a complicated issue so I did not need an attorney, you are correct not everyone needs one. However, his situation is not as simple as it seems. Like I said in my previous post, if she HONESTLY said at POE that she is his spouse, then you are probably right. But, if she said she is here JUST VISITING and the truth is that they are already married, this might be a snag when they come to review her papers and say "wait, she said she was just visiting but the marriage certificate from India is dated prior to her entry."

It also matters whether when she applied for her tourist she was already his wife but on the tourist visa application she did not mention it.

There are a million small details that can make a difference. You can't just give someone advice without knowing the full story.

And also notice I said he doesn't need to hire an attorney for the entire process, he can just go and consult to know the RIGHT way of going through this process. Please remember, we are all on here to help each other.