Change of status question

[diyeverything 0]

Hey everyone, just started to dip my toes into a change of status procedure. I would like to know whether my grounds for change of status is eligible. My wife (US citizen) and I met while I was in the US under a B1 back in 2015. Skip 1.5 years and we got married, but this is where it gets a little complicated. In our minds we were married in south africa (where I am from)with the whole family & friends reception but technically we got legally married in the US in a court a few months later when I came back to the US as crew member of a foreign flagged vessel visiting the US. Later we decided to move to South Africa and we ended living there for just over a year, but my wife was struggling to find meaningful work there, so we decided she should apply for a job back in the US and do like 6 months there,  then return to SA for 6 months of leisure - living expenses are crazy cheap in SA compared to here. She was offered something exciting in her field of work and we agreed I'd come over on my B2 visa and help her settle and spend some time with her for the first month then head back. Well its almost 3 months in and circumstances have changed, basically she cannot go back to SA because of health complications and the lack of necessary medical care available for her circumstance.

 

So finally my question is would I be eligible for a change of status or would I need to return back to SA to apply from there. Obviously I would prefer to do the former, the expenses involved with going back to sort this out are crippling, never mind the fact it could take years and she might need my care in the meantime.  

 

Just to add in here: I have never overstayed my i-94 entry status or worked illegally in the US.

 

Would really appreciate your feedback.

 

Thank you very much.

 

[Bfree3 132]

16 minutes ago, diyeverything said:

Hey everyone, just started to dip my toes into a change of status procedure. I would like to know whether my grounds for change of status is eligible. My wife (US citizen) and I met while I was in the US under a B1 back in 2015. Skip 1.5 years and we got married, but this is where it gets a little complicated. In our minds we were married in south africa (where I am from)with the whole family & friends reception but technically we got legally married in the US in a court a few months later when I came back to the US as crew member of a foreign flagged vessel visiting the US. Later we decided to move to South Africa and we ended living there for just over a year, but my wife was struggling to find meaningful work there, so we decided she should apply for a job back in the US and do like 6 months there,  then return to SA for 6 months of leisure - living expenses are crazy cheap in SA compared to here. She was offered something exciting in her field of work and we agreed I'd come over on my B2 visa and help her settle and spend some time with her for the first month then head back. Well its almost 3 months in and circumstances have changed, basically she cannot go back to SA because of health complications and the lack of necessary medical care available for her circumstance.

 

So finally my question is would I be eligible for a change of status or would I need to return back to SA to apply from there. Obviously I would prefer to do the former, the expenses involved with going back to sort this out are crippling, never mind the fact it could take years and she might need my care in the meantime.  

 

Just to add in here: I have never overstayed my i-94 entry status or worked illegally in the US.

 

Would really appreciate your feedback.

 

Thank you very much.

 

Yes, You are eligible to file for an adjustment of status. 

[diyeverything 0]

2 hours ago, Dee elle said:

Do you have a marriage certificate from SA? If you do that is your marriage date... 

As spouse of a USC who legally entered the US , you are eligible to adjust your status, yes. 

You should apply at the same time for a work authorisation EAD and Advance Parole AP. The adjustment or status will take around 12 to 15 months and you can’t work in the US or return if you leave, until you have your Green Card in hand, unless you have the EAD and AP  They take 4-5 months and allow you to work in the US and return from overseas travel while the AOS is being processed 

Thanks for responding, no our marriage certificate is actually a US one, we had the wedding in SA then did the legal marriage papers back in US at the court. I think at the time it was too complicated to get all the paperwork done to be legally married there and since we both on a short vacation there decided we would just get the legal stuff sorted when we were back in the US.  Regarding the AP, don't you have to have some legitimate excuse why you may need to leave the country and return for that?  

[diyeverything 0]

2 hours ago, Bfree3 said:

Yes, You are eligible to file for an adjustment of status. 

Thank you, 

 

I just wanted to make sure, I felt like my situation was a bit different from the usual came here on vacation, met someone got married, never left and now want to adjust. In my case we met, both left on vacation where we unofficially got married, came back got officially got married, left again to live abroad , returned again under a B2 now need to adjust.  Just want to make sure I have crossed any technical boundaries all the way.

 

Thanks again 

[diyeverything 0]

Just now, Dee elle said:

AP associated with AOS does not need a specific emergency reason nor any definite travel plans 

Thanks for clearing that up, will definitely apply in that case then.