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Adjustment of Status while on Tourist Visa

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  • Adjustment of Status while on Tourist Visa

    I'm a U.S. Citizen married to a Filipino woman. We've been married 9 years and have two US Citizen offspring. We've resided the past 9 years in the Philippines but are now currently in the States. She's on a Tourist Visa. This is her fourth visit to the US. There have been some medical issues recently and we now want to Adjust her status to resident.

    I reviewed the I-485 instructions and Tourists/visitors in the US are not listed as prohibited from applying for AOS. Her Visa Expires in June 07 but can be renewed.

    I've read a few testimonials from folks who have AOS'd from Tourist Visas after marrying their American partner. They didn't return to their homeland allegedly. But our situation is different because we're already married.

    Does anyone know if it's indeed possible to Adjust your Status from Visitor to Resident if your spouse (me) and children are US Citizens? Anyone have first hand experience?

    Thanks in advance

  • #2
    I'm a U.S. Citizen married to a Filipino woman. We've been married 9 years and have two US Citizen offspring. We've resided the past 9 years in the Philippines but are now currently in the States. She's on a Tourist Visa. This is her fourth visit to the US. There have been some medical issues recently and we now want to Adjust her status to resident.

    I reviewed the I-485 instructions and Tourists/visitors in the US are not listed as prohibited from applying for AOS. Her Visa Expires in June 07 but can be renewed.

    I've read a few testimonials from folks who have AOS'd from Tourist Visas after marrying their American partner. They didn't return to their homeland allegedly. But our situation is different because we're already married.

    Does anyone know if it's indeed possible to Adjust your Status from Visitor to Resident if your spouse (me) and children are US Citizens? Anyone have first hand experience?

    Thanks in advance

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    • #3
      I think it is possible for her to adjust status to permanent resident, but you have to file the I-130 (Petition for Alien Relative) together with the I-485, plus medical exam. The other forms that you may file with the I-130 are
      the I-131 and I-765.

      You really do not need a lawyer to file these applications -- you can do it yourself.

      Comment


      • #4
        Generally you can NOT adjust your status while being in the USA as a tourist,you have to apply in your home country for it.
        Thats why its not listed,duh.

        Tourists are meant to come and visit and get out again,not givin them opportunity to stay.

        JUST LIKE IN ANY OTHER COUNTRY

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        • #5
          hello bgl,
          I was almost on the same boat as your wife, I came here in the US 7/01 on a B1/B2 visa, I'm a nurse in the Philippines, took the RN test in 1/02, passed it, got an employer to sponsor me for greencard while waiting for my priority date to be current, I met my husband thru a common friend and eventually got married 6/03, we didn't file for my AOS right away 'coz my previous employer kept on telling me that my priority date will be out soon so we waited for a year and eventually my husband filed my I-130, I-485 in 8/04, got interviewed 10/04 got my conditional GC 12/04, during the interview we already have a baby and right now we have two and we are still very happily married and I just recently got my 10 year greencard last 1/4/07. We filed in Sacramento, CA office and we used a lawyer to file 'coz I just don't wanna risk anything and so far everything is doin' good w/ us, hope this info helps.

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          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bgl:
            Does anyone know if it's indeed possible to Adjust your Status from Visitor to Resident if your spouse (me) and children are US Citizens? Anyone have first hand experience? </div></BLOCKQUOTE>

            I don't have first hand expirience, but I hear people are able to adjust status after entering on visitor visa. The biggest issue that may come up is if there was an intent to stay (immigrate) in the US at the time of entering on tourist visa. If yes, the case may get very complicated and your wife charged with misrepresentation. However, circumstences may change in ones life (you metioned medical issues) while in the US that would lead to the decision to stay.

            You know the best what had happen. Shortly, it can be done, but don't go for it if you or your wife, for example: quit the job in Philippines and sold the house before the trip, moved your belongings before or shortly after you arrived, enrolled children to US school as soon as you arrived...etc.

            Comment


            • #7
              I called that government visa hotline today and explained the situation. He said it's no problem to adjust from Tourist Visa to Permanent Resident provided you're in the States and your spouse is an American. It's a lot of forms to fill out though.

              Comment


              • #8
                just tell the friendly border officials what your plans are....they will direct you towards the next step.

                Comment


                • #9
                  Border officials? what are you talking about? We're already in the states.

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                  • #10
                    i am not sure about this, I know I read in the chat forum on Tuesday that a overstay due to marriage is forgiven in immigration jargon??? Just fill out the forms and dont forget the medical, and pay for it and u will get a receipt number and a "A" number then a biometric appt. And then its a sit and wait!

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">m </div></BLOCKQUOTE>
                      Thanks NT, I've been in touch with some lawyers, hopefully I'll figure it out.

                      Comment


                      • #12
                        lexlee1213, will appreciate if you write the name and address of your attorney.
                        Thanks

                        Comment


                        • #13
                          What you need to do is Call Uscis, asked to send you the complete package for Alien to Adjust his/her status in the us.
                          It should contained I-130+1-485+Bio-Datad+ Affidavit of support form I-864. go through the instructions attached the correct fees to each forms and mail through certified returned receipt to your service center. or see the address on the forms you might have to send the complete package to Chicago office. you can also call the National Customer Service Center 1-800-375-5283 and follow.
                          Best of Luck Kabayan

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