QUESTION
Can I file I-130 while my wife is here in the States with tourist visa?
Asked on Apr 09th, 2014 on Immigration - Michigan
More details to this question:
Will she really need to go home? My wife came here with a tourist visa. We were married in the Philippines and I decided to get her the quickest visa that we can get that's why she has her tourist visa. Can we try to adjust her visa to I-130 while she is here in the States? We really don't want her to wait in the Philippines. We are married for 2 years next month, do you think it will help?
2 ANSWERS
Adebola O. Asekun
If you are a US citizen, it is possible that she will be eligible to adjust status and obtain a green card without returning to her country to visa process. But there is a possibility that at your interview, CIS may conclude that she committed fraud when she applied for and applied for s tourist visa when she came to the US only to apply for a green card after her entry.
Answered on Apr 11th, 2014 at 8:46 AM
She may be able to adjust here. File the I-130 and I-485 together. Maybe wait at least 2 months after she came here. Or see an attorney to go over all the facts.
Answered on Apr 10th, 2014 at 12:26 PM