Adjustment of Status for Tourist Visa

[skye14 0]

I was given a 6 months stay here in the U.S. to visit my relatives and in-laws same as my little baby. We have properties in the Philippines and work to do. My husband have to say here for 2-3 years for deputation but doesn't want us to go back to the Philippines and live there alone without him. He'll try getting us green card here in the U.S. but I don't know if that is possible here.We got married in the Philippines on 2012.

Anyone who went through from being tourist visa and applying immigrant visa in the U.S. How long does it take?

Your replies would be appreciated.Thank you.

[MUXAGIRL 69]

So, how does your husband propose to get you and your family GC? The only way is employment based,which has many categories based on education, work experience etc. many employment categories for your country has visa numbers available, so if he has a strong case, he can file I-140 in that category along with I-485. But it can only be done before his current status expires.

If he is on work visa, such as H1-b, you probably can file for adjustment of status to H4, which will allow you to legally stay with him. But again, you are on tourist visa, so USCIS might not like your AOS from B2 to anything else.

Otherwise, if there is a family based GC petition going on for your husband from anyone of his immediate family members and his priority date is approaching within this six month time frame, it's anther thing.

The penalty of overstaying a non immigrant visa is the following:

You will most likely never get another non immigrant US visa, such as visitors visa etc and your current visa will automatically be void upon even a day of over stay.

If you overstay by more than six months, you will be banned for three years from coming back to the US, on any visa.

If you overstay by more than a year, you will be banned from the US for ten years, on any visa, including immigrant visa.

[skye14 0]

I forgot to say that my husband is a US citizen. I know that if I overstay it is grounds for cancellation of visa and being banned from entering the US for certain years.

I don't want my family to be separated from each other because of this stuff that's why we want to do this in legal way. But we don't know if he can petition us here in the U.S. or we have to be in the Philippines to do that. We'll be going to an immigration office this month to ask.But for now, I just want to know if anyone here has the same experience like this.

Edited August 8, 2014 by skye14

[apple21 953]

You file adjustment of status.

Follow this guide: http://www.visajourney.com/content/i130guide2

[skye14 0]

Thank you apple21