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Thread: finally decided, now what do I need?

  1. #1
    I married a US citizen in the USA almost 4 years ago, but never "agreed" to file for permanent residency.
    During the past 4 years I have been traveling to and from the US with my B1/B2 visas. The maximum stay has been 4 months, minimum 2 weeks. During this same period she has been to my home country twice. I have supported her in all ways a husband should.
    I run a good business in my home country and have found it difficult leaving it for long periods.
    Present circumstances have made it necessary to stay on longer and find employment to "take care of issues".
    Now looking at my circumstances, what do I need to do? What forms should I fill and what is not necessary to fill/submit?
    Will appreciate any advice.

  2. #2
    I married a US citizen in the USA almost 4 years ago, but never "agreed" to file for permanent residency.
    During the past 4 years I have been traveling to and from the US with my B1/B2 visas. The maximum stay has been 4 months, minimum 2 weeks. During this same period she has been to my home country twice. I have supported her in all ways a husband should.
    I run a good business in my home country and have found it difficult leaving it for long periods.
    Present circumstances have made it necessary to stay on longer and find employment to "take care of issues".
    Now looking at my circumstances, what do I need to do? What forms should I fill and what is not necessary to fill/submit?
    Will appreciate any advice.

  3. #3
    Are you currently in the U.S.? If so, when did you last enter?

  4. #4
    Yes, in Memphis. Last date of entry April 18.

  5. #5
    You and your wife will need to file I-130 Petition for Alien Relative (executed by your wife), I-485 Adjustment of Status, I-765 Application for Employment Authorization and I-131 Application for Travel Documents.

    You cannot work in the U.S. without the employment authorization. Also, you cannot leave the U.S. until your travel documents (called advance parole) have been approved.

    Be aware that you may face problems at the interview because of your entries into the U.S. as a visitor- there are intent issues that uscis officers take seriously. You may want to consult an immigration lawyer.

  6. #6
    Thanks Mrs. Mani for the information. I thought I was right about the first 3 forms but I didn't think about the I-131.
    Now IYHO what problems do you perceive I may have at the interview? I must add that over the last 4 years I have been in and out at least 8 times.

  7. #7
    If you have described your travel accurately, you should have no problems with USCIS, except for the fact that you have been in the U.S. so long without adjusting. They may view your late filing as fraud. Have you violated your status since admission or have you stayed in the U.S. beyond the date admitted to on your I-94 without applying for an extension?

  8. #8
    No. Never in my over 40 visits since 1983 have I stayed longer than my visa.
    Without going into too much detail here, my decision to stay have been influenced by now being able to have a good manager for my overseas business and more imporantly family issues.
    I could have applied earlier I agree with you.
    There's absolutely no plans or intent of fraud in this.
    Thanks for all your replies.

  9. #9
    Hey kdd,

    First welcome to ilw. I don't think you will have any problem adjusting your status. It appears you abided by the rules of your visa. Just wanted to say good luck to you. Come back and let us know how it works out, okay?

  10. #10
    thanks for your words of encouragement, proudusc. I'll surely let you know how it turns out.

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