aos from tourist visa

[married2006 0]

i know this is definately not a recommended process,but i feel certain it has been done.if anyone has had any knowledge or experience with this,please share with me.i have a feeling its an attorney issue,but ill ask anyway.thanks for any input.oh by the way its my stepdaughter and she has been here and returned to her country with this tourist visa.

[kitkat1 5]

i know this is definately not a recommended process,but i feel certain it has been done.if anyone has had any knowledge or experience with this,please share with me.i have a feeling its an attorney issue,but ill ask anyway.thanks for any input.oh by the way its my stepdaughter and she has been here and returned to her country with this tourist visa.

Adjust to what status?

People who came to the US on a tourist visa and decided spontaneously to get married here and stay here can successfully adjust to spouse of a USC.

You should definitely consult an attorney.

[Dr_LHA 3]

Adjust to what status?

What are the options?

[married2006 0]

Adjust to what status?

What are the options?

options are why i am asking for information.if i knew the options i would pick one.i am investigating to see what the options may be.i have read about status adjustments from other types of visas and im trying to reasearch for knowledgeable experience concerning this.yes, i know a good attorney will probably be the only route to go,but like everybody on vj im LOOKING for a different option if it exists.thanks

[married2006 0]

and by the way,i personally dont see the humor in the last reply.

[misa 2]

If your step-daughter is under 21 and unmarried, you could have petitioned for her K4 as a derivative of your wife's K3. I'm assuming, same wife?

I don't think anyone here is going to give you any advice on a planned AOS from tourist visa except for saying, "consult an attorney".

[Dr_LHA 3]

and by the way,i personally dont see the humor in the last reply.

Sorry I was laughing at kitkat's bizarre statement "Adjust to what status?", not anything you posted. Adjustment of status means one thing and one thing only, adjustment from a non-resident to a resident.

[Dr_LHA 3]

options are why i am asking for information.if i knew the options i would pick one.i am investigating to see what the options may be.i have read about status adjustments from other types of visas and im trying to reasearch for knowledgeable experience concerning this.yes, i know a good attorney will probably be the only route to go,but like everybody on vj im LOOKING for a different option if it exists.thanks

The answer to your original question is yes, its perfectly possible to adjust status from a tourist visa, it happens all the time. The possible stumbling block is the following: If the person came in on a tourist visa intended to move to the USA and file for AOS this can be a cause for denial of AOS. A lawyer is definetly needed in this case to make sure things go smoothly.

If the person came in on a tourist visa, and got married unexpectadly and now wants to stay, its no issue at all.

In you case I'm guessing the step daughter wishes to file through you and your husband. Honestly this route without a proper visa is going to be difficult. Hence why you need a lawyer.

Edited February 24, 2007 by dr_lha

[married2006 0]

options are why i am asking for information.if i knew the options i would pick one.i am investigating to see what the options may be.i have read about status adjustments from other types of visas and im trying to reasearch for knowledgeable experience concerning this.yes, i know a good attorney will probably be the only route to go,but like everybody on vj im LOOKING for a different option if it exists.thanks

The answer to your original question is yes, its perfectly possible to adjust status from a tourist visa, it happens all the time. The possible stumbling block is the following: If the person came in on a tourist visa intended to move to the USA and file for AOS this can be a cause for denial of AOS. A lawyer is definetly needed in this case to make sure things go smoothly.

If the person came in on a tourist visa, and got married unexpectadly and now wants to stay, its no issue at all.

In you case I'm guessing the step daughter wishes to file through you and your husband. Honestly this route without a proper visa is going to be difficult. Hence why you need a lawyer.

yes the step daughter is 24 and i think maybe an option here is for her to come on a tourist visa,find a job sponsor that will file an I-140 employment based and go from there.she is well educated and i think that might be a possibility.it may be worth a try anyway.and of course as a last resort,wait for her mother to become an LPR and apply with I-130 for her.ill probably talk to an attorney though,just to be cautious.her tourist visa is good for 5 years and she can visit a lot until other arrangements are made.thanks guys,im the step dad.

[Dr_LHA 3]

yes the step daughter is 24 and i think maybe an option here is for her to come on a tourist visa,find a job sponsor that will file an I-140 employment based and go from there.

I'm afraid this is not going to happen. Finding an employer that will file I-140 for Green Card is difficult (I never managed to get that even after working here for almost 8 years, and the "Dr" in my nickname isn't just made up), and its basically impossible to do if the person isn't already here working on a valid visa (e.g. J-1 or H-1B). Being smart isn't good enough, she would have to be quite exceptional for someone to go straight to I-140 for Green Card for her. A better bet would be for your daughter to try to find a job in the USA, get them to sponsor her for a H-1B or J-1 visa, and have her come into the USA to legally work. Coming here on a tourist visa and looking for a job is basically illegal, and certainly not a good way to start one's journey towards LPR.

Talking to a lawyer is a great idea, you're on shaky ground here otherwise.

Edited February 24, 2007 by dr_lha

[kitkat1 5]

Sorry I was laughing at kitkat's bizarre statement "Adjust to what status?", not anything you posted. Adjustment of status means one thing and one thing only, adjustment from a non-resident to a resident.

Since most people adjust from "tourist" to "spouse" I was referring to that - not to non-resident to resident as that obviously was not the question or issue at hand.

I don't see how anyone can adjust from a tourist visa to anything other than through a family based petition from her parents and before you do anything you need to talk to a lawyer.

[Dr_LHA 3]

Since most people adjust from "tourist" to "spouse" I was referring to that - not to non-resident to resident as that obviously was not the question or issue at hand.

OK. You should realise that "status" and "adjustment of status" are terms used by USCIS to mean adjusting from a non-resident (i.e. someone legally present in the country, but on a visa) to resident status (someone who can permenantly live in the USA). If you use these terms in here, thats what they mean. You don't adjust status from "tourist" to "spouse" thats meaningless and confusing.

[kitkat1 5]

Since most people adjust from "tourist" to "spouse" I was referring to that - not to non-resident to resident as that obviously was not the question or issue at hand.

OK. You should realise that "status" and "adjustment of status" are terms used by USCIS to mean adjusting from a non-resident (i.e. someone legally present in the country, but on a visa) to resident status (someone who can permenantly live in the USA). If you use these terms in here, thats what they mean. You don't adjust status from "tourist" to "spouse" thats meaningless and confusing.

Have you never read here of people coming into the US on a K1 and adjusting from the status of "fiance of USC" (that is the legal visa they have in their hand -- fiance of USC) to "spouse of USC and permanent resident" ?

[married2006 0]

Since most people adjust from "tourist" to "spouse" I was referring to that - not to non-resident to resident as that obviously was not the question or issue at hand.

OK. You should realise that "status" and "adjustment of status" are terms used by USCIS to mean adjusting from a non-resident (i.e. someone legally present in the country, but on a visa) to resident status (someone who can permenantly live in the USA). If you use these terms in here, thats what they mean. You don't adjust status from "tourist" to "spouse" thats meaningless and confusing.

Have you never read here of people coming into the US on a K1 and adjusting from the status of "fiance of USC" (that is the legal visa they have in their hand -- fiance of USC) to "spouse of USC and permanent resident" ?

hahaha.nothing like a little humor in some replys.it might be be kinda difficult to bring my step daughter here on a k/1 visa, now that im married to her mother.come on people,READ before replying.i did get some information from SOME replys though,and thanks to those that replied with a little thinking involved.

[kitkat1 5]

hahaha.nothing like a little humor in some replys.

um, nothing funny here. That was AN EXAMPLE of the way some people adjust their status from having a certain type of visa i.e. K1 or tourist visa.

Since you did not include the daughter in her mother's petition, I suggest you start by speaking to a lawyer about her options. Keep in mind that the first step is a petition and she must fall under one of the eligible cateogories to be petitioned.

You should start by reading here: Visa Types for Immigrants

http://www.travel.state.gov/visa/immigrant...types_1326.html