Adjustment of status

[Ilandy 0]

Hi My husband is a green card holder and he came to Africa,Namibia in October last year and we got married here ,he went back to the US and we are planning to apply for a tourist visa for me and our 3 kids so we can do the adjustment of status in the US can u please advice us of this is the best way to go about us being united because we really want to be united as soon as possible we have already been separated for almost 4years and October was his first visit after immigrating to the US and it would be really costly for us to be going up and down with 3kids ..we have been together for 7years 2months now ..but only got married in October last year ..thank u

[Just Paul 4,595]

35 minutes ago, Ilandy said:

he went back to the US and we are planning to apply for a tourist visa for me and our 3 kids so we can do the adjustment of status in the US

That would be visa fraud.

 

He files a I-130 for you and each of the kids and you await consular processing.

[Duke & Marie 1,389]

If he migrated to the US, he would already know that what you’re considering is immigration fraud, which makes me wonder what “his” grounds for immigration were. 

 

He’s required to file I130 petitions for you and each of your children 

[Unlockable 7,314]

2 hours ago, Ilandy said:

Hi My husband is a green card holder and he came to Africa,Namibia in October last year and we got married here ,he went back to the US and we are planning to apply for a tourist visa for me and our 3 kids so we can do the adjustment of status in the US can u please advice us of this is the best way to go about us being united because we really want to be united as soon as possible we have already been separated for almost 4years and October was his first visit after immigrating to the US and it would be really costly for us to be going up and down with 3kids ..we have been together for 7years 2months now ..but only got married in October last year ..thank u

You can't do that. That is visa fraud. A visitor visa is not supposed to be used for the purpose of immigrating. You can't plan on using it that way. A visitor visa will rightly be denied for this purpose.

 

Instead, your husband will have to file for a spousal visa. The process for a spousal visa is about 2 years for spouses for LPRs.

[SusieQQQ 11,586]

4 hours ago, Ilandy said:

Hi My husband is a green card holder and he came to Africa,Namibia in October last year and we got married here ,he went back to the US and we are planning to apply for a tourist visa for me and our 3 kids so we can do the adjustment of status in the US can u please advice us of this is the best way to go about us being united because we really want to be united as soon as possible we have already been separated for almost 4years and October was his first visit after immigrating to the US and it would be really costly for us to be going up and down with 3kids ..we have been together for 7years 2months now ..but only got married in October last year ..thank u

Not possible. Also he’s only a green card holder not a citizen so even if you get a tourist visa and try it, the intent/overstay issues will not only get you denied but get you a ban, how long depends on the overstay. As above he needs to file an F2A petition and you wait it out at home. He should file ASAP, he’s already wasted 5 months since you married. 

[Ilandy 0]

4 hours ago, Paul & Mary said:

thank u so much for ur responses We don’t want to do anything that is against the law we were just going by what other people have been doing and advising us ,and I did read about visa fraud online and just needed clarity.

 

Edited February 19, 2020 by Ilandy

[SusieQQQ 11,586]

20 minutes ago, Ilandy said:

 

The important thing for you to understand is that a lot of what you read online is spouses of US citizens. It’s still visa fraud but intent gets overlooked on adjustment and they get forgiven overstay, illegal work etc. that does NOT work for spouse of green card holder. Any of that, you not only cannot adjust but you may get an entry ban too. Then you have an even longer wait.  

Edited February 19, 2020 by SusieQQQ

[SalishSea 17,836]

16 hours ago, Ilandy said:

Hi My husband is a green card holder and he came to Africa,Namibia in October last year and we got married here ,he went back to the US and we are planning to apply for a tourist visa for me and our 3 kids so we can do the adjustment of status in the US can u please advice us of this is the best way to go about us being united because we really want to be united as soon as possible we have already been separated for almost 4years and October was his first visit after immigrating to the US and it would be really costly for us to be going up and down with 3kids ..we have been together for 7years 2months now ..but only got married in October last year ..thank u

Did he get his green card through marriage to someone else?

[Ilandy 0]

@Jorgedig no he was a refugee in my country and he got resettled in the US that’s how he got his green card