Need Help With Immigration Process

[Omair Sid 0]

Hi there,

 

Hope ya'll are doing well.

 

My son and I are US citizens while my wife isn't. She entered the United States on a visit visa and I've been told that I can apply for  Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. Not sure how that works. 

 

However, I just wanted to know if there is anything else I need to do or know before I start the process? For example: how much does it cost? How long does it take till she gets her green card/work permit.

 

Any help or guidance would be much appreciated.  Thanks in advance!

[Crazy Cat 41,886]

Your questions are addressed in the process guide here:  

 

[Crazy Cat 41,886]

Probably 5 or 6 months until she can work.......The Green Card and work permit are separate entities....as well as Advance Parole.

[Dashinka 24,512]

This is the guide you should read for AOS from inside.  As to the cost, see the link below.  Plan on 12+ months for the GC, but file for the I765 (Work Authorization), and I131 (Advanced Parole) so she can work and travel in 5-7 months.

 

Good Luck!

 

 

https://www.uscis.gov/forms/our-fees

 

[Omair Sid 0]

Thanks so much guys! really appreciate it

[Omair Sid 0]

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

 

This is a bit confusing. So my wife came to the US on a tourist visa and we plan on applying for a change of status. However, the above states that if they came to the US with a tourist visa with the intent or immigration and marriage (even though we're already married with a kid who is also a US citizen), does this mean that we shouldn't apply for the change of status from within the US? 

 

Really confused. Hoping that's not the case cause it's so difficult to live without them and I'll be missing out on so much as my son is only 6 months old. 

 

Any help/guidance would be much appreciated. Thanks in advance! 

[Crazy Cat 41,886]

19 minutes ago, Omair Sid said:

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

 

This is a bit confusing. So my wife came to the US on a tourist visa and we plan on applying for a change of status. However, the above states that if they came to the US with a tourist visa with the intent or immigration and marriage (even though we're already married with a kid who is also a US citizen), does this mean that we shouldn't apply for the change of status from within the US? 

 

Really confused. Hoping that's not the case cause it's so difficult to live without them and I'll be missing out on so much as my son is only 6 months old. 

 

Any help/guidance would be much appreciated. Thanks in advance! 

It means it is against immigration law to enter the US on a tourist visa planning to stay and adjust.

Edited January 7, 2020 by missileman