can apply for spouse if she is here on a tourist visa?
Sep 8th 2002, 12:49 pm
#1
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Posts: n/a
can apply for spouse if she is here on a tourist visa?
Lets say you are an American citizen.
She is here on tourist visa and you marry her here in the States.
Can she apply to stay in the USA right away and get her a conditional green card
while she is here?
She is here on tourist visa and you marry her here in the States.
Can she apply to stay in the USA right away and get her a conditional green card
while she is here?
Sep 8th 2002, 1:11 pm
#2
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Re: can apply for spouse if she is here on a tourist visa?
>Lets say you are an American citizen.
>She is here on tourist visa and you marry her here in the States.
>Can she apply to stay in the USA right away and get her a conditional green card
>while she is here?
Yes, you can. You must apply for Adjustment of Status and her green card at the same
time. And she will probably fall out of status while waiting because it takes about a
year and most tourist visas do not last that long. But after 90 days, you can get her
a work permit and SS card if she wishes to work.
>She is here on tourist visa and you marry her here in the States.
>Can she apply to stay in the USA right away and get her a conditional green card
>while she is here?
Yes, you can. You must apply for Adjustment of Status and her green card at the same
time. And she will probably fall out of status while waiting because it takes about a
year and most tourist visas do not last that long. But after 90 days, you can get her
a work permit and SS card if she wishes to work.
Sep 8th 2002, 4:16 pm
#3
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Posts: n/a
Re: can apply for spouse if she is here on a tourist visa?
AftonOkla wrote:
> >Lets say you are an American citizen.
> >
> >She is here on tourist visa and you marry her here in the States.
> >
> >Can she apply to stay in the USA right away and get her a conditional green card
> >while she is here?
> Yes, you can. You must apply for Adjustment of Status and her green card at the
> same time. And she will probably fall out of status while waiting because it takes
> about a year and most tourist visas do not last that long. But after 90 days, you
> can get her a work permit and SS card if she wishes to work.
The only problem however is leaving the country. And I know people who had to wait
for over two years.
--
steg
> >Lets say you are an American citizen.
> >
> >She is here on tourist visa and you marry her here in the States.
> >
> >Can she apply to stay in the USA right away and get her a conditional green card
> >while she is here?
> Yes, you can. You must apply for Adjustment of Status and her green card at the
> same time. And she will probably fall out of status while waiting because it takes
> about a year and most tourist visas do not last that long. But after 90 days, you
> can get her a work permit and SS card if she wishes to work.
The only problem however is leaving the country. And I know people who had to wait
for over two years.
--
steg
Sep 9th 2002, 2:14 am
#4
Guest
Posts: n/a
Re: can apply for spouse if she is here on a tourist visa?
It takes that long to get an adjustment of status?
She doesnt need a visa number if you are an american citizen right?
Let say she have 1.5 months left in her tourist visa, is that enought time to adjust
her status?
So is it best for her to go back to her country and wait until I get the
adjustment status?
Need advice.
thanks
On 09 Sep 2002 01:11:03 GMT, [email protected] (AftonOkla) wrote:
>>Lets say you are an American citizen.
>>She is here on tourist visa and you marry her here in the States.
>>Can she apply to stay in the USA right away and get her a conditional green card
>>while she is here?
>Yes, you can. You must apply for Adjustment of Status and her green card at the same
>time. And she will probably fall out of status while waiting because it takes about
>a year and most tourist visas do not last that long. But after 90 days, you can get
>her a work permit and SS card if she wishes to work.
She doesnt need a visa number if you are an american citizen right?
Let say she have 1.5 months left in her tourist visa, is that enought time to adjust
her status?
So is it best for her to go back to her country and wait until I get the
adjustment status?
Need advice.
thanks
On 09 Sep 2002 01:11:03 GMT, [email protected] (AftonOkla) wrote:
>>Lets say you are an American citizen.
>>She is here on tourist visa and you marry her here in the States.
>>Can she apply to stay in the USA right away and get her a conditional green card
>>while she is here?
>Yes, you can. You must apply for Adjustment of Status and her green card at the same
>time. And she will probably fall out of status while waiting because it takes about
>a year and most tourist visas do not last that long. But after 90 days, you can get
>her a work permit and SS card if she wishes to work.
Sep 9th 2002, 8:28 am
#5
Guest
Posts: n/a
Re: can apply for spouse if she is here on a tourist visa?
I had to wait for two years. Of course I received a Temp visa and a workpermit.
Because of my K-1 Visa.
But my experience is that marriage on a tourist visa is possible, but wil restrict
her in traveling until she receives her Greencard. Which can take two years,
depending on where you live.
I don't know if that is a problem.
steg
chong wrote:
> It takes that long to get an adjustment of status?
> She doesnt need a visa number if you are an american citizen right?
> Let say she have 1.5 months left in her tourist visa, is that enought time to
> adjust her status?
> So is it best for her to go back to her country and wait until I get the
> adjustment status?
> Need advice.
> thanks
> On 09 Sep 2002 01:11:03 GMT, [email protected] (AftonOkla) wrote:
> >>Lets say you are an American citizen.
> >>
> >>She is here on tourist visa and you marry her here in the States.
> >>
> >>Can she apply to stay in the USA right away and get her a conditional green card
> >>while she is here?
> >
> >Yes, you can. You must apply for Adjustment of Status and her green card at the
> >same time. And she will probably fall out of status while waiting because it takes
> >about a year and most tourist visas do not last that long. But after 90 days, you
> >can get her a work permit and SS card if she wishes to work.
> >
Because of my K-1 Visa.
But my experience is that marriage on a tourist visa is possible, but wil restrict
her in traveling until she receives her Greencard. Which can take two years,
depending on where you live.
I don't know if that is a problem.
steg
chong wrote:
> It takes that long to get an adjustment of status?
> She doesnt need a visa number if you are an american citizen right?
> Let say she have 1.5 months left in her tourist visa, is that enought time to
> adjust her status?
> So is it best for her to go back to her country and wait until I get the
> adjustment status?
> Need advice.
> thanks
> On 09 Sep 2002 01:11:03 GMT, [email protected] (AftonOkla) wrote:
> >>Lets say you are an American citizen.
> >>
> >>She is here on tourist visa and you marry her here in the States.
> >>
> >>Can she apply to stay in the USA right away and get her a conditional green card
> >>while she is here?
> >
> >Yes, you can. You must apply for Adjustment of Status and her green card at the
> >same time. And she will probably fall out of status while waiting because it takes
> >about a year and most tourist visas do not last that long. But after 90 days, you
> >can get her a work permit and SS card if she wishes to work.
> >
Sep 9th 2002, 12:24 pm
#6
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Posts: n/a
Re: can apply for spouse if she is here on a tourist visa?
[email protected] (AftonOkla) wrote in message
news:<[email protected]>...
> Yes, you can. You must apply for Adjustment of Status and her green card at the
> same time.
er... Adjustment of status is the process of getting a green card in the USA.
You probably mean file form i-130 and i-485 together. i-130 is the petition and
i-485 is the application for adjustment of status.
> And she will probably fall out of status while waiting because it takes about a
> year and most tourist visas do not last that long.
No, she does not fall out of status. Her status is "pending adjustment of status"
and she is perfectly legal. She may not travel out of the country without advance
parole, but she is not out of status in any way.
> But after 90 days, you can get her a work permit and SS card if she wishes to work.
She is eligible for a work permit immediately. Some offices that you file in person
at used to issue it the same day, actually. I don't know if they still do. This is
rare. But, offices normally take 60-90 days to process an application for a work
permit (EAD), and by law are not supposed to take more than 90 days. If they go
beyond 90 days you are eligible to get an interim EAD.
news:<[email protected]>...
> Yes, you can. You must apply for Adjustment of Status and her green card at the
> same time.
er... Adjustment of status is the process of getting a green card in the USA.
You probably mean file form i-130 and i-485 together. i-130 is the petition and
i-485 is the application for adjustment of status.
> And she will probably fall out of status while waiting because it takes about a
> year and most tourist visas do not last that long.
No, she does not fall out of status. Her status is "pending adjustment of status"
and she is perfectly legal. She may not travel out of the country without advance
parole, but she is not out of status in any way.
> But after 90 days, you can get her a work permit and SS card if she wishes to work.
She is eligible for a work permit immediately. Some offices that you file in person
at used to issue it the same day, actually. I don't know if they still do. This is
rare. But, offices normally take 60-90 days to process an application for a work
permit (EAD), and by law are not supposed to take more than 90 days. If they go
beyond 90 days you are eligible to get an interim EAD.
Sep 9th 2002, 12:33 pm
#7
Guest
Posts: n/a
Re: can apply for spouse if she is here on a tourist visa?
chong <[email protected]> wrote in message
news:<[email protected]>. ..
> It takes that long to get an adjustment of status?
Yes and no. She is eligible for a green card immediately, and she can apply for
advance parole and a work permit, which will in effect give her most of the benefits
of a green card. But the INS is so heavily backlogged that it may take a while for
them to fully process her case and schedule an interview. It also depends on where
you live, and which service center you are served by. In the Northeast we are served
by Vermont, which has really sped up things, ironically after Sep. 11. Over here in
the North East, expect a year total before she gets her conditional GC.
> She doesnt need a visa number if you are an american citizen right?
No she doesn't. She is an immediate relative (IR6).
> Let say she have 1.5 months left in her tourist visa, is that enought time to
> adjust her status?
That is more than enough time. She can even be out of status and it does not matter.
As long as she entered legally and has not been under deportation proceedings, she
can adjust status.
> So is it best for her to go back to her country and wait until I get the
> adjustment status?
It's up to you. If you can do DCF (direct consular filing) in your country, that
would be the fastest. Consular processing can take longer, and you will be separated
from her, and she would not be able to enter the USA during that time. Adjustment of
Status while in the US takes the longest, but you get to be with your spouse during
the whole process, which is the whole reason she wanted a green card anyway!
news:<[email protected]>. ..
> It takes that long to get an adjustment of status?
Yes and no. She is eligible for a green card immediately, and she can apply for
advance parole and a work permit, which will in effect give her most of the benefits
of a green card. But the INS is so heavily backlogged that it may take a while for
them to fully process her case and schedule an interview. It also depends on where
you live, and which service center you are served by. In the Northeast we are served
by Vermont, which has really sped up things, ironically after Sep. 11. Over here in
the North East, expect a year total before she gets her conditional GC.
> She doesnt need a visa number if you are an american citizen right?
No she doesn't. She is an immediate relative (IR6).
> Let say she have 1.5 months left in her tourist visa, is that enought time to
> adjust her status?
That is more than enough time. She can even be out of status and it does not matter.
As long as she entered legally and has not been under deportation proceedings, she
can adjust status.
> So is it best for her to go back to her country and wait until I get the
> adjustment status?
It's up to you. If you can do DCF (direct consular filing) in your country, that
would be the fastest. Consular processing can take longer, and you will be separated
from her, and she would not be able to enter the USA during that time. Adjustment of
Status while in the US takes the longest, but you get to be with your spouse during
the whole process, which is the whole reason she wanted a green card anyway!
Sep 9th 2002, 2:51 pm
#8
Guest
Posts: n/a
Re: can apply for spouse if she is here on a tourist visa?
James Donovan wrote:
> [email protected] (AftonOkla) wrote in message
> news:<[email protected]>...
> > Yes, you can. You must apply for Adjustment of Status and her green card at the
> > same time.
> er... Adjustment of status is the process of getting a green card in the USA.
> You probably mean file form i-130 and i-485 together. i-130 is the petition and
> i-485 is the application for adjustment of status.
> > And she will probably fall out of status while waiting because it takes about a
> > year and most tourist visas do not last that long.
> No, she does not fall out of status. Her status is "pending adjustment of status"
> and she is perfectly legal. She may not travel out of the country without advance
> parole, but she is not out of status in any way.
> > But after 90 days, you can get her a work permit and SS card if she wishes
> > to work.
> She is eligible for a work permit immediately. Some offices that you file in person
> at used to issue it the same day, actually. I don't know if they still do. This
> is rare. But, offices normally take 60-90 days to process an application for a
> work permit (EAD), and by law are not supposed to take more than 90 days. If they
> go beyond 90 days you are eligible to get an interim EAD.
All true.
My experience: got the Work Permit three weeks after arrival.
--
steg
> [email protected] (AftonOkla) wrote in message
> news:<[email protected]>...
> > Yes, you can. You must apply for Adjustment of Status and her green card at the
> > same time.
> er... Adjustment of status is the process of getting a green card in the USA.
> You probably mean file form i-130 and i-485 together. i-130 is the petition and
> i-485 is the application for adjustment of status.
> > And she will probably fall out of status while waiting because it takes about a
> > year and most tourist visas do not last that long.
> No, she does not fall out of status. Her status is "pending adjustment of status"
> and she is perfectly legal. She may not travel out of the country without advance
> parole, but she is not out of status in any way.
> > But after 90 days, you can get her a work permit and SS card if she wishes
> > to work.
> She is eligible for a work permit immediately. Some offices that you file in person
> at used to issue it the same day, actually. I don't know if they still do. This
> is rare. But, offices normally take 60-90 days to process an application for a
> work permit (EAD), and by law are not supposed to take more than 90 days. If they
> go beyond 90 days you are eligible to get an interim EAD.
All true.
My experience: got the Work Permit three weeks after arrival.
--
steg
Sep 11th 2002, 2:19 pm
#9
Guest
Posts: n/a
Re: can apply for spouse if she is here on a tourist visa?
> No, she does not fall out of status. Her status is "pending
>> adjustment of status" and she is perfectly legal. She may not travel out of the
>> country without advance parole, but she is not out of status in any way.
I stand corrected. She is in status but just has no "official papers" to prove
it. When I did this with my wife, it was difficult because in Georgia you cannot
even get a driver's license without papers from the INS and the receipt they
send you for filing is not considered "official" by the state. The EAD is enough
for them however.
>> She is eligible for a work permit immediately. Some offices that you file in
>> person at used to issue it the same day, actually. I don't know if they still do.
>> This is rare. But, offices normally take 60-90 days to process an application for
>> a work permit (EAD), and by law are not supposed to take more than 90 days. If
>> they go
They do not even let you in the office in Atlanta hardly. They make you wait the 90
days and on the 91st day you show up with your receipt and passport and get your EAD.
>> adjustment of status" and she is perfectly legal. She may not travel out of the
>> country without advance parole, but she is not out of status in any way.
I stand corrected. She is in status but just has no "official papers" to prove
it. When I did this with my wife, it was difficult because in Georgia you cannot
even get a driver's license without papers from the INS and the receipt they
send you for filing is not considered "official" by the state. The EAD is enough
for them however.
>> She is eligible for a work permit immediately. Some offices that you file in
>> person at used to issue it the same day, actually. I don't know if they still do.
>> This is rare. But, offices normally take 60-90 days to process an application for
>> a work permit (EAD), and by law are not supposed to take more than 90 days. If
>> they go
They do not even let you in the office in Atlanta hardly. They make you wait the 90
days and on the 91st day you show up with your receipt and passport and get your EAD.
Sep 12th 2002, 8:47 am
#10
Guest
Posts: n/a
Re: can apply for spouse if she is here on a tourist visa?
"AftonOkla" <[email protected]> wrote in message news:[email protected]...
> >Lets say you are an American citizen.
> >
> >She is here on tourist visa and you marry her here in the States.
> >
> >Can she apply to stay in the USA right away and get her a conditional green card
> >while she is here?
> Yes, you can. You must apply for Adjustment of Status and her green card
at the
> same time. And she will probably fall out of status while waiting because
it
> takes about a year and most tourist visas do not last that long.
No, she will not fall out of status while waiting, unless the filing of Form I-485,
application for adjustment status, is delayed until after the expiration date on the
I-94. The tourist status is only required to last until the submission of the I-485
application, for the person to maintain continuous lawful status.
But after 90
> days, you can get her a work permit and SS card if she wishes to work.
> >Lets say you are an American citizen.
> >
> >She is here on tourist visa and you marry her here in the States.
> >
> >Can she apply to stay in the USA right away and get her a conditional green card
> >while she is here?
> Yes, you can. You must apply for Adjustment of Status and her green card
at the
> same time. And she will probably fall out of status while waiting because
it
> takes about a year and most tourist visas do not last that long.
No, she will not fall out of status while waiting, unless the filing of Form I-485,
application for adjustment status, is delayed until after the expiration date on the
I-94. The tourist status is only required to last until the submission of the I-485
application, for the person to maintain continuous lawful status.
But after 90
> days, you can get her a work permit and SS card if she wishes to work.
Sep 13th 2002, 12:46 am
#11
Guest
Posts: n/a
Re: can apply for spouse if she is here on a tourist visa?
[email protected] (AftonOkla) wrote in message
news:<[email protected]>...
> > No, she does not fall out of status. Her status is "pending
> >> adjustment of status" and she is perfectly legal. She may not travel out of the
> >> country without advance parole, but she is not out of status in any way.
> I stand corrected. She is in status but just has no "official papers" to prove
> it.
But you are still in status, though, which means INS will not deport you for merely
staying in the country (most important).
> When I did this with my wife, it was difficult because in Georgia you cannot even
> get a driver's license without papers from the INS and the receipt they send you
> for filing is not considered "official" by the state. The EAD is enough for them
> however.
All over the country they have gotten stricter with driver licenses, especially since
terrorists easily got driver licenses to board airplanes on domestic flights. You
cannot get a driver license without a SSN or a letter from SSA in most states, and
you are also required to show proof of valid immigration status valid for 6 months of
more in many states.
> >> She is eligible for a work permit immediately. Some offices that you file in
> >> person at used to issue it the same day, actually. I don't know if they still
> >> do. This is rare. But, offices normally take 60-90 days to process an
> >> application for a work permit (EAD), and by law are not supposed to take more
> >> than 90 days. If they go
> They do not even let you in the office in Atlanta hardly. They make you wait the
> 90 days and on the 91st day you show up with your receipt and passport and get
> your EAD.
It varies from office to office. Some will let you file in person, some will only
let you file by mail. 26 Federal Plaza in NYC will only allow you to file by mail,
and they send you a letter to get your EAD about 4 to 5 weeks after with an EAD
appointment date 60-90 days into the application.
news:<[email protected]>...
> > No, she does not fall out of status. Her status is "pending
> >> adjustment of status" and she is perfectly legal. She may not travel out of the
> >> country without advance parole, but she is not out of status in any way.
> I stand corrected. She is in status but just has no "official papers" to prove
> it.
But you are still in status, though, which means INS will not deport you for merely
staying in the country (most important).
> When I did this with my wife, it was difficult because in Georgia you cannot even
> get a driver's license without papers from the INS and the receipt they send you
> for filing is not considered "official" by the state. The EAD is enough for them
> however.
All over the country they have gotten stricter with driver licenses, especially since
terrorists easily got driver licenses to board airplanes on domestic flights. You
cannot get a driver license without a SSN or a letter from SSA in most states, and
you are also required to show proof of valid immigration status valid for 6 months of
more in many states.
> >> She is eligible for a work permit immediately. Some offices that you file in
> >> person at used to issue it the same day, actually. I don't know if they still
> >> do. This is rare. But, offices normally take 60-90 days to process an
> >> application for a work permit (EAD), and by law are not supposed to take more
> >> than 90 days. If they go
> They do not even let you in the office in Atlanta hardly. They make you wait the
> 90 days and on the 91st day you show up with your receipt and passport and get
> your EAD.
It varies from office to office. Some will let you file in person, some will only
let you file by mail. 26 Federal Plaza in NYC will only allow you to file by mail,
and they send you a letter to get your EAD about 4 to 5 weeks after with an EAD
appointment date 60-90 days into the application.
