Can I stay in America while my husband applies for my Green Card?

Question

Got to know my husband while on vacation in America 2 years ago. I have stayed here (in America) for 18 months. The first 6 months I flew back and forth.

We got married last December and bought a house to live together but we kept procrastinating the paperwork for Green Card. REASON: We expected him to get deployed to kuwait but final notice came and he didn't have to go. He is a National Guard.

I am currently still on visitor visa.

We shall be sending in all the paperwork soon but would like to know in advance what are the consequences and procedures to expect.

We hope that we can be together in America while processing the paperwork. Will that be possible?

Also, we lost $25,000 during our honeymoon in Vegas, so we are broke and can't afford for me to fly back and forth.

Answer 1

Once your husband files the immigrant petition (I-130) for you and you have submitted your green card application (I-485), then you are permitted to remain in the U.S. while awaiting a decision on your case.  Your applications must demonstrate a bona fide marriage that wasn't entered into to avoid immigration consequences.

You also must prove that you entered the U.S. legally by presenting a valid visa when you arrived. Regardless of how much more time you have before your visa expires, the expiration date on the I-94 card and the entry stamp in your passport is what controls how long you are authorized to stay in the US as a visitor.  Most green card applicants must prove that they filed the green card application before their status expired, but this limitation does NOT apply to spouses of US citizens.

You can also file applications for work and travel authorization at the same time, and the government fee is already included in your I-485 application fee.  Someone in your circumstances would benefit from talking with an immigration lawyer before filing any applications.

Answer 2

It sounds to ME, like you married one of OUR PROUD 'warriors'!

MY BEST advice:  Have you husband go and talkt to his BASE C.O.!

Tell him the situation...  be prepared for the C.O. to give YOU, AND your HUSBAND a GOOD, HEALTHY "RATION..."  Be SINCERE!!!  He's goin gto give YOU, and especially your  HUSBAND, a BIG 'ration' for "procrastinating"  (YOUR word - not mine!)   BE prepared to 'PAY the Price'...  

The C. O. is NOT going to be 'sympathetic' about you 'LOSING' all that money in VEGAS, so I wouldn't even bring it UP, if you can AVOID it!  STILL...  BE HONEST!!!  (IF they decide to 'send YOU back'...  they can always take it out of his PAY...)  So, AGAIN...  DON't GO THERE!

(Have your husband READ this, because I'm not SURE that you will 'understand' when I say things lile "don't GO THERE". )  NO 'slight' meant... I just don't want to have you NOT go to the C.O., because I said something else (dont go there) that was NOT properly understood!

This "IS" the USA.!!!  'SAY' what's on your mind!  Give someone a 'chance' to HELP...  And, LEARN along the WAY...  If anything, YOUR HUSBAND should probably get a good 'spanking', for not taking care of this MONTHS ago...

ANYWAY!

GOOD luck to you!!!

GOD BLESS AMERICA!  

Answer 3

Okay... ignoring the crazy person's rant above me... Don't go to your husband's CO obviously, because the CO can do nothing, and most likely he doesn't know enough about immigration law to give any decent advice. Never mind that it's none of their business.

Now, if you are currently in the US legally, meaning you entered on a proper, valid visa, you were inspected upon entry, and you are not currently overstaying your visa, then you should have no problem filing the paperwork.

Even if you are overstaying your visa, that would typically be forgiven by immigration authorities because you married a US citizen.

You'll need to fill out a few forms:

- I-130 (Petition for Alien Relative);

- I-485 (Application to Register Permanent Residence or Adjust Status);

- I-864 (Affidavit of Support under Section 213A of the Act)

- G-325A (Biographic Information)

Optional but recommended forms, especially since their fees are waived if you file them concurrently with I-485 above):

- I-765 (Application for Employment Authorization);

- I-131 (Application for Travel Document).

You can get all of those from http://www.uscis.gov/forms/

Be sure to read the instructions that accompany each of those thoroughly.

The I-130 is for your husband to petition you to come/stay in the US because you're his spouse.

The I-485 is for your green card.

The I-864 is for your husband to show that he can support both of you financially. He needs to meet a minimum annual income requirement, which is currently $17,500 for a household of 2.

The G-325A is just information on you two. You need to fill out two of those forms, and each form comes in 4 identical pages.

The I-765 lets you apply for an employment authorization. Those are typically adjudicated within 90 days of applying. That's a wise thing to apply for since it will allow you to work ASAP; because green card processing time is so variable, and your green card MAY take years to be adjudicated, this is an almost sure-fire way of being allowed to work ASAP.

The I-131 allows you to travel outside of the US if you wish, before you get your green card.

Edit: ACTUALLY! Because your husband is in the US Armed Forces, he needs to be making a minimum of $14,000 a year, not $17,500.

See http://www.uscis.gov/files/form/I-864P.p... for the income requirements.

Here is a guide on the process you're about to start:

http://www.visajourney.com/forums/index....

The forms will cost you a total of $1,365 to file: $1010 for the I-485 and $355 for the I-130. The other forms either carry no fee, or like I said, their fees are waived because you are filing them concurrently with I-485.

And keep one thing in mind: because you got married on a tourist visa, be ready to provide some sort of proof that you did not have any intention of getting married at the time you last entered the US. You may be questioned on that topic at the time of your interview for your green card.

Other than that, yes, you may stay in America.

After you've filed, if your visa expires, do not worry or panic: because you have applied for adjustment of status, you cannot fall out of status while your green card application is pending.

Answer 4

Dear hamster, you don't say in which country of America you are now.

The rules and regulations depend on the country. Talk to a lawyer who deals with that kind of cases

Answer 5

you do not say where you are originally from? and how you got to the US? on what visa?

how did you stay in the US that long?

did you get a fiance's visa? and then came to the US to marry?you are not explaining yourself as to be understood,

if you care to come back to your question,

you cannot live in the US on a visitor visa...