Travel to the US on a tourist visa & do residency from US

[Mela 0]

If my hubby comes to the US on his tourist visa, can we do all his residency from here, while he is here?

[pushbrk 13,169]

If my hubby comes to the US on his tourist visa, can we do all his residency from here, while he is here?

I'm afraid you haven't provided much information. If you mean can he stay while the visa process progresses, the answer is technically yes, for as long as his stay is authorized. However, he will be required to return to his country for the interview. Depending on which visa path you follow, he may need to return for a couple months to accomplish the in country tasks.

Please fill in your timeline and profile details as well as telling us a bit more of what you have in mind.

[Yodrak 7]

Mela,

He can try. He might even get away with it. But if the USCIS determines that he entered the USA as a non-immigrant with the intention of immigrating you will be moving to his country.

Yodrak

If my hubby comes to the US on his tourist visa, can we do all his residency from here, while he is here?

[pushbrk 13,169]

Mela,

He can try. He might even get away with it. But if the USCIS determines that he entered the USA as a non-immigrant with the intention of immigrating you will be moving to his country.

Yodrak

If my hubby comes to the US on his tourist visa, can we do all his residency from here, while he is here?

I don't really see in "ifs" about determining how he entered the USA. You are already married. Unless he was already here when you decided to get married and has remained, attempting to adjust status instead of obtaining an appropriate visa is visa fraud and as Yodrak says, you'll be moving to his country.

If he is not here now, (That's how I read the tense of your question.) he absolutely cannot arrive on a tourist visa at some future date and obtain a green card without going home for a visa interview.

[RioDeugene 0]

No !!! he is their for tourist visa not to migrate in the USA, he should have prob about it. We tried to talk to our immigation lawyer she never let me.

[Dr_LHA 3]

I don't really see in "ifs" about determining how he entered the USA.

I think Yodrak is alluding to the fact that people do this all the time and often USCIS officers let it fly and approve the Green Card anyway. Shame really, for all those people who go to the effort, cost and heartbreaking separation of doing it the "right way".

[Yodrak 7]

Correct. The "if" doesn't refer to the type of entry, it refers to the USCIS determination of the intent on entry.

Yodrak

I don't really see in "ifs" about determining how he entered the USA.

..... if the USCIS determines that he entered the USA as a non-immigrant with the intention of immigrating ......

Yodrak

I think Yodrak is alluding to the fact that people do this all the time and often USCIS officers let it fly and approve the Green Card anyway. .....

Edited May 8, 2007 by Yodrak