Borrowed time.

[TKSR15 7]

Getting ready to send in my wife's (10 years) packages for I-130 and i-485 together. She is here on tourist visa I am USC. problem is we only have about 4 months until we need to return because of her visa.

At what point in the process can she stay to finish the process without being illegal, and about how long should that take.

Thanks.

[canadian_wife 1,822]

Confused. What 10 year? Her 10 year green card?

You filed the I130 already? Your profile says you were chasing a Cr-1 visa, what happened to that?

good luck

[Cheezees 1,514]

I don't understand the 10 years either. Have you been married for 10 years? Please clarify.

[TKSR15 7]

Sorry, My wife of 10 years. Not filing cr-1. Filing AOS. Will update my profile, Not sure why it says cr-1.

Thanks for the help.

[Penguin_ie 5,993]

If you are inside the USA, and didn't plan visa fraud by using the tourist visa to enter the USA and stay, then you can file AOS. Her tourist visa then becomes irrelevant, and she must STAY in the USA until she gets her EAD / AP combo card, usually around 2-3 months after AOS is filed (though some people recommend not leaving at all until greencard is in hand in cases like yours).

If she has to leave because of obligations back in her country, such as kids or a job, then you do not file AOS; file for the IR-1 spousal visa as if she was outside of the country, and simply ensure she leaves before her tourist visa is up.

[TKSR15 7]

If you are inside the USA, and didn't plan visa fraud by using the tourist visa to enter the USA and stay, then you can file AOS. Her tourist visa then becomes irrelevant, and she must STAY in the USA until she gets her EAD / AP combo card, usually around 2-3 months after AOS is filed (though some people recommend not leaving at all until greencard is in hand in cases like yours).

If she has to leave because of obligations back in her country, such as kids or a job, then you do not file AOS; file for the IR-1 spousal visa as if she was outside of the country, and simply ensure she leaves before her tourist visa is up.

we decided to apply after we arrived mostly because of the health of my parents. I still have residence in Brazil but am establishing residences here in USA now. We have return tickets for the end of Feb. that are very expensive to change almost the same price and the full fair. My concern is if we stay and lose those tickets then for some reason time runs out on her tourist visa (luckily they gave her 6 months) we will have to buy tickets again.

So what you are saying once I start the process even if for some reason, it takes more than the next 4.5 months she has left she will be ok to stay past her visa limit?

We don't want to run the risk of doing anything wrong but also don't want to leave at this point in my parents life. Hope all that makes sense.

Thank you so much for the help.

[aaron2020 11,651]

If you are inside the USA, and didn't plan visa fraud by using the tourist visa to enter the USA and stay, then you can file AOS.

The law is clear. Matter of Battista and Matter of Cavazos. Since she is inside the USA, she can file for AOS. Striking out your personal bias since it's not relevant to answering the OP's question. OP has stated that his wife is in the US.

Even if she did enter the US with immigrant intent using the visitor visa, she can still AOS. USCIS can not deny the AOS of an Immediate Relative of a USC for immigrant intent.

Edited December 31, 2015 by aaron2020

[aaron2020 11,651]

Getting ready to send in my wife's (10 years) packages for I-130 and i-485 together. She is here on tourist visa I am USC. problem is we only have about 4 months until we need to return because of her visa. If you file to adjust her status with the I-485, she does not need to leave. Leaving would actually end the case if she leaves without AP.

At what point in the process can she stay to finish the process without being illegal, and about how long should that take. Once you file the I-130 and I-485. The entire process can take 6 months to a year.

Thanks.

Ignore the "visa fraud" stuff. Pure BS.

Once USCIS receives the I-130 and I-485, your wife is authorized to stay in the US until her case is decided. She does not have to go home when her 6 months are up on her visitor visa.

Be aware that if she leaves without AP, she will be abandoning the her adjustment of status.

[TKSR15 7]

Ignore the "visa fraud" stuff. Pure BS.

Once USCIS receives the I-130 and I-485, your wife is authorized to stay in the US until her case is decided. She does not have to go home when her 6 months are up on her visitor visa.

Be aware that if she leaves without AP, she will be abandoning the her adjustment of status.

Thank you so very much for the reply. Seems like every time I bring up the subject of her being here on a tourist visa everyone says "we may be committing fraud" I would never have planned to do that, who plans to commit fraud? We been married 10 years living in Brazil and when we got here the situation changed (my parents health for one) so we decided to stay that simple. I am very grateful for any and all help and opinions.

Take care. Thanks again.

[Penguin_ie 5,993]

I would never have planned to do that, who plans to commit fraud?

Unfortunately, we get a lot of people on here who do, which is why we tend to err on the side of caution.

[Mrs.Hull210 24]

Ignore the "visa fraud" stuff. Pure BS.

Once USCIS receives the I-130 and I-485, your wife is authorized to stay in the US until her case is decided. She does not have to go home when her 6 months are up on her visitor visa.

Be aware that if she leaves without AP, she will be abandoning the her adjustment of status.

I completely argree with Aaron2020. It's best for her to stay in the US with you, and continue the AOS. Good luck!

[NikLR 13,227]

Thank you so very much for the reply. Seems like every time I bring up the subject of her being here on a tourist visa everyone says "we may be committing fraud" I would never have planned to do that, who plans to commit fraud? We been married 10 years living in Brazil and when we got here the situation changed (my parents health for one) so we decided to stay that simple. I am very grateful for any and all help and opinions.

Take care. Thanks again.

Lots of people PLAN to commit fraud. They intend to come to the USA on their tourist visas and just stay. People also just come here illegally, without inspection and stay. Why do you think the USA is so hard to get a tourist visa for? Why do you think they have armed guards patrolling the border? Why else would they have ICE?

You've decided to stay once you're here which is fine.

It's important for the moderators on VJ to not break our own TOS. That includes informing someone of what may constitute as perceived visa fraud as a warning. It doesn't matter if someone else doesn't like the fact that it's done, they don't own the internet. No one is making assumptions about you personally or your reasons for being in the USA or why you want to stay. I hope that her AOS journey is quick and relatively painless. If you thought the flight was expensive, wait until you start the paperwork. Make sure not to leave until she has her AP! I hope your parents feel better soon.

[Anh map 2,098]

Are you in compliance regarding US tax filings? That is a part of the I-864 along with the domicile portion.

[TKSR15 7]

Unfortunately, we get a lot of people on here who do, which is why we tend to err on the side of caution.

I understand, Thanks for the help.

[TKSR15 7]

Are you in compliance regarding US tax filings? That is a part of the I-864 along with the domicile portion.

This is something I may have a problem with. Living in Brazil so long and being self-employed I had a very low income. When I started looking into the I-864 I see I need to have at least the last 3 years filed and send in the last year. I have none of these. I will file the I-2555 for the tax exclusion but I found out I still owe self-employment tax. (go figure) So I am scrambling to file the last 3 years but don't have the money right now to pay the tax (that's gonna cost me) but will at least file. I am working making enough money to sponsor and will have a joint sponsor just incase. As for domicile I think I will be ok there.

I also found out I owe some back taxes from 12 years ago.

Thank you for the reply.