Need guidance

[Oso7066 4]

My wife's daughter came in a tourist visa. She married an American. her visa stats ends in Oct. Can anyone guide me on what process and applications they need to complete for her?

Thank you in advanced. 

[Lil bear 4,247]

Just now, William70 said:

My wife's daughter came in a tourist visa. She married an American. her visa stats ends in Oct. Can anyone guide me on what process and applications they need to complete for her?

Thank you in advanced. 

Either she returns to her home country and go through the CR1 spouse visa process or she can file for Adjustment of Status whole she remains in the US. Both have pros and cons.

[Lil bear 4,247]

Moved to Bringing family members to the USA as OP is seeking to understand options 

[Dashinka 24,579]

Have them review the guides linked below.  As @Lil bearstated, they have two options, they can adjust status here in the US which can take 12-14 months (4-6 months for travel and work authorization), or if she goes home they can file for a spousal visa.  If she does go home, she can still use her tourist visa while the spousal visa application is being processed.

 

Good Luck!

 

AOS

https://www.visajourney.com/content/i130guide2/

 

CR1 spousal visa

https://www.visajourney.com/content/i130guide1/

[Oso7066 4]

What are the pros and cons to the AOS for them? She does not want return. 

Thank you Lil Bear. 

[Oso7066 4]

What are the pros and cons to the AOS for them? She does not want return. 

Thank you Lil Bear. 

Thank you Bill & Katya,

 

[Oso7066 4]

Thank you

[Boiler 45,651]

Why are you asking how her Brother should obtain a Visitor Visa? He could just ask his sister?

[Dashinka 24,579]

53 minutes ago, William70 said:

What are the pros and cons to the AOS for them? She does not want return. 

Thank you Lil Bear. 

Thank you Bill & Katya,

 

No ability to work for 4-6 months in the US, no ability to travel outside of the US for 4-6 months. 

[SalishSea 17,916]

8 hours ago, Boiler said:

Why are you asking how her Brother should obtain a Visitor Visa? He could just ask his sister?

I wonder if he will have any trouble, with a parent in the US and a sibling who went ahead and AOS from a visitor visa?  

[Boiler 45,651]

4 minutes ago, Jorgedig said:

I wonder if he will have any trouble, with a parent in the US and a sibling who went ahead and AOS from a visitor visa?  

Can not help.

[geowrian 22,337]

7 minutes ago, Jorgedig said:

I wonder if he will have any trouble, with a parent in the US and a sibling who went ahead and AOS from a visitor visa?  

My thought's exactly...but not anything that he can do about it. Consequences of others' actions really.

[DylanandLaura 46]

14 hours ago, William70 said:

My wife's daughter came in a tourist visa. She married an American. her visa stats ends in Oct. Can anyone guide me on what process and applications they need to complete for her?

Thank you in advanced. 

Your wife's daughter can file adjustment of status as an immediate relative (spouse) of a US citizen or the proper way according to many members on VJ is to complete the process by returning to her country for the CR-1 spouse visa. While she is allowed to marry on a tourist visa and adjust status, as others have stated there are pros and cons because she must interview for either process with an immigration/consular officer.

 

If she decides to file adjustment of status she should try to get the petitions and documents submitted before October 14th because the USCIS is updating the public charge rule and form I-864 which could make it more difficult for her to qualify for adjustment of status or CR-1 visa depending on her spouses financial situation. It said on the USCIS website if you have the I-130 petition/I-130A and I-485/I-864 postmarked before October 14th the current public charge rule and forms apply. 

[Oso7066 4]

Thanks everyone.  He decided not to worry about it at this point. He's going to focus on his band tours in CO.