ADJUSTMENT STATUS we have been visiting US with a tourist visa, and US citizen husband decides to live in US already do we apply visa in the philippines or we can do it here USCIS?

[Kaaat V 0]

Hi guys! I am married to a US citizen for 2 years now and we have been living here in the philiippines for like 8 years now. When we visited the US last christmas 2016 (we acquired tourist visa since we were just visitng) my husband  had a change of heart and wants to be with his family in america now. The question is since we already have a tourist visa do we still need to do consular filing? we have kids first child is 10 years old from my first boyfriend. 2nd child is an 8 month old baby boy i already fixed his CRBA so he has a blue passport now (transferred citizenship from his father) so its just me and my daughter. my daughter is under my last name. so anyway where do you think its best for us to apply do we just do it here in the philippines? or there in the uscis in texas? thanks for ya'lls reply

Edited January 25, 2017 by Kaaat V

[Penguin_ie 5,997]

A tourist visa is for visiting, not staying/ living/ working in the USA.  It is illegal and immigration fraud to use a tourist visa to immigrate/ with the intention of Adjusting status.  Since from your writing, you are currently in the Phils, you need to file for a spousal visa, IR-1.  The good news is that since your USC husband also lives abroad, he can petition you via DCF (direct consular filing- filing with the embassy), which is a much faster process than ordinary spousal visa filing.

[Kaaat V 0]

Thank you.