Adjusting status B2 to Green Card (merged)

[ironicdude 1]

Hi friends,

Here's my story.

My 2 year kid is a U.S. citizen (was born in USA)

My wife from India is on tourist visa with stay ending on 22nd December. She has been using her multiple entry visit visa without any breeches before we married 3 years ago. But we don't want to do it again. It's torturous.

I am in-line for citizenship interview since 8/13/14.

After looking at the current ny office trends I am not sure that I will be able to get an oath by mid December so that I can file for my wife to get her in i130 protected status.

I am also worried about my family's security because of Ebola threat in India. Can someone guide me how she can apply for extension of tourist visa keeping the above facts in mind?

What key points should I mention in the application?

Thanks,

[Boiler 45,499]

Interesting, did not know there was Ebola in India, I looked on the Times of India web site and they just mentioned Africa, and the US.

[canadian_wife 1,822]

http://www.cnn.com/interactive/2014/10/health/ebola-map/

sorry, But I'm not sure your fear of Ebola reason is going to fly. Judging by the map, she has a better chance of getting it in the US than in India....since its already in America but not in India

good luck

[ironicdude 1]

Interesting, did not know there was Ebola in India, I looked on the Times of India web site and they just mentioned Africa, and the US.

Boiler,

How long will it take for DHS to do removal proceedings after she goes out of status. Most probably she will be out of status for a month, max. I should hopefully be a citizen by the end of this year.

Thanks,

[JohnR! 5,495]

She will need to file a request to have her visa extended. You can get the form in the link below:

http://www.uscis.gov/i-539

Good luck!

Hi friends,

Here's my story.

My 2 year kid is a U.S. citizen (was born in USA)

My wife from India is on tourist visa with stay ending on 22nd December. She has been using her multiple entry visit visa without any breeches before we married 3 years ago. But we don't want to do it again. It's torturous.

I am in-line for citizenship interview since 8/13/14.

After looking at the current ny office trends I am not sure that I will be able to get an oath by mid December so that I can file for my wife to get her in i130 protected status.

I am also worried about my family's security because of Ebola threat in India. Can someone guide me how she can apply for extension of tourist visa keeping the above facts in mind?

What key points should I mention in the application?

Thanks,

[ironicdude 1]

She will need to file a request to have her visa extended. You can get the form in the link below:

http://www.uscis.gov/i-539

Good luck!

How long will it take for DHS to do removal proceedings after she goes out of status. Most probably she will be out of status for a month, max. I should hopefully be a citizen by the end of this year.

[Boiler 45,499]

If you are worried about that then file to extend status and it will take several months before it reaches the top of the pile, by which time it matters not as you will have filed to adjust status.

[JohnR! 5,495]

In all likelihood, DHS will not initiate removal proceedings unless she gets in trouble with the law and I believe chances of that happening in LI are slim. However, if you apply for her visa extension, even if it is denied in the end, she will not be out of status while her request is being processed. Just to be on the safe side, I would recommend you file the I-539 so that she's nothing to fear.

How long will it take for DHS to do removal proceedings after she goes out of status. Most probably she will be out of status for a month, max. I should hopefully be a citizen by the end of this year.

[ironicdude 1]

In all likelihood, DHS will not initiate removal proceedings unless she gets in trouble with the law and I believe chances of that happening in LI are slim. However, if you apply for her visa extension, even if it is denied in the end, she will not be out of status while her request is being processed. Just to be on the safe side, I would recommend you file the I-539 so that she's nothing to fear.

Good point, should i use USCIS ELIS?

[Mark88 183]

Good point, should i use USCIS ELIS?

For what? Read the instructions on the I-539 and submit it.

[ironicdude 1]

Hi,

Here is my story:

My wife from India came to NY on multiple entry visit visa for visiting me and for sight seeing also, with her mother and brother on nov. 17th, 2011. We liked each other and decided to do a quick marriage on nov. 27th 2011 in NY. We were not aware that marrying quickly is visa fraud, else we would have waited. My wife kept on going back every 5 months to India even during pregnancy . We had a citizen baby in NY on September 11, 2012, now he is 2+ years old.

Here is the current situation:

- My wife's I-94 will expire on 23rd December

- My N400 is inline for interview as of 08/13/2014.

I want to badly file I130 and AOS for my wife as soon as i take the oath, and i have completed almost all the pain staking paper work.

My concerns are:

1. is this considered visa fraud?

2. what if she has to over stay a little?

3. what would you do if you were in my shoes?

I really don't want to be separated from my family for another day, please help.

Jay

P.S. my wife was making more money than an average american in India when she married me & has studied from the top university of India (IIM), does that help a little?

[kzielu 1,149]

Marrying quickly has nothing to do with a fraud, as long as the marriage is real. Using non-immigrant visa to immigrate though is definitely a fraud.

1. If she had intent to adjust status then yes, it's a fraud.

2. She will be out of status and deportable. If you become a USC, then it's no problem. If you don't (for some reason), then it will be a problem as she will be ineligible for adjustment as a spouse of LPR even if her priority date is current.

Money your wife is making is completely irrelevant.

Edited October 21, 2014 by kzielu

[Ontarkie 14,221]

~~Similar threads merged. No need to make another thread for the same or similar topic.~~

[ironicdude 1]

Marrying quickly has nothing to do with a fraud, as long as the marriage is real. Using non-immigrant visa to immigrate though is definitely a fraud.

1. If she had intent to adjust status then yes, it's a fraud.

2. She will be out of status and deportable. If you become a USC, then it's no problem. If you don't (for some reason), then it will be a problem as she will be ineligible for adjustment as a spouse of LPR even if her priority date is current.

Money your wife is making is completely irrelevant.

Okay I'll keep my fingers crossed then...your info makes sense and confirms my research.