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kemilk

I don't know where to start

By kemilk in Adjustment of Status from Work, Student, & Tourist Visas

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kemilk Apprentice

kemilk   0

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Hi,

 

My wife and her 9 year old daughter came to the US from Thailand with a tourist visa last year.  Due to COVID travel restriction, they got stuck here in the US.  She already extended the tourist visa to the maximum and their tourist visa was expired April this year.

 

Then I met her and started dating her in June this year and I got her pregnant.  We just got married 2 weeks ago and I am ready to file for her and her daughter's green card but I don't know where to start.  Due to her age and pregnancy, it is not safe for her to travel back to her country.  What should I do and where do I even begin?

 

Thanks.

Crazy Cat Grand Master

Crazy Cat   42,292

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kemilk Apprentice

kemilk   0

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Thank you.  So I read I begin with the I-130 form.  From the Visajourney guide page, this sentence worries me the most

 

"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."

 

Can I do the adjust of status without her going back to her home country?

Allaboutwaiting Experienced

Allaboutwaiting   2,503

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1 minute ago, kemilk said:

Thank you.  So I read I begin with the I-130 form.  From the Visajourney guide page, this sentence worries me the most

 

"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."

 

Can I do the adjust of status without her going back to her home country?

Adjusting status requires her to stay in the US. If she leaves, what you'd go for is a spousal visa.

kemilk Apprentice

kemilk   0

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9 minutes ago, Allaboutwaiting said:

Adjusting status requires her to stay in the US. If she leaves, what you'd go for is a spousal visa.

Got you.  That makes sense.  One other concern.  She overstayed her tourist visa.  Her tourist visa expires in April and she got pregnant in June.  Will that be an issue?

arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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9 minutes ago, kemilk said:

Thank you.  So I read I begin with the I-130 form.  From the Visajourney guide page, this sentence worries me the most

 

"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."

 

Can I do the adjust of status without her going back to her home country?

Ask her:

Did she come to the US with the intent  to marry you and adjust status in the US?
If no, she can do AOS here. If yes, she needs to go back. That's what the guide above is saying.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

kemilk Apprentice

kemilk   0

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2 minutes ago, arken said:

Ask her:

Did she come to the US with the intent  to marry you and adjust status in the US?
If no, she can do AOS here. If yes, she needs to go back. That's what the guide above is saying.

I see.  So we have to show evidence of her intention in the AOS package.  Thanks for the guidance.

aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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18 minutes ago, kemilk said:

Thank you.  So I read I begin with the I-130 form.  From the Visajourney guide page, this sentence worries me the most

 

"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."

 

Can I do the adjust of status without her going back to her home country?

She can adjust status.  

Immigrant intent does not matter at this point.  Immigrant intent does not matter if she is adjusting status based on marriage to a US citizen.

Just now, kemilk said:

I see.  So we have to show evidence of her intention in the AOS package.  Thanks for the guidance.

NO.  DO NOT EVEN ADDRESS THIS IN HER AOS PACKAGE.

arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
 Timeline
Posted
1 minute ago, kemilk said:

I see.  So we have to show evidence of her intention in the AOS package.  Thanks for the guidance.

No need to show anything. Just go with AOS.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

kemilk Apprentice

kemilk   0

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1 minute ago, aaron2020 said:

She can adjust status.  

Immigrant intent does not matter at this point.  Immigrant intent does not matter if she is adjusting status based on marriage to a US citizen.

NO.  DO NOT EVEN ADDRESS THIS IN HER AOS PACKAGE.

wow ok for saving me from a pitfall.  Thank you very much!

aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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5 minutes ago, arken said:

Ask her:

Did she come to the US with the intent  to marry you and adjust status in the US?
If no, she can do AOS here. If yes, she needs to go back. That's what the guide above is saying.

Irrelevant since she would be adjusting status based on marriage to a US citizen.

 

Look at Matter of Batista and Matter, etc.

7 minutes ago, kemilk said:

Got you.  That makes sense.  One other concern.  She overstayed her tourist visa.  Her tourist visa expires in April and she got pregnant in June.  Will that be an issue?

No.  Not an issue.  She entered legally.  That is all that matters.

 
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