Filling for adjustment of status?

Question

my husband and i just got married and now we want to apply for adjustment of status, alot of people say we wont be able to do this because he didnt come in on k-1 visa.. he came in on a vistors waiver program, but i read that since he is now an immediate relative he can apply for this...

i just wanted to know if anyone has done this before, and what did you have to do

Answer 1

Rules may have changed since I did this but when I did (10 yrs ago) it was not easily permissible to convert a visitor (B-2) status to permanent residence easily.  That is because it demonstrated dual intent and was therefore in conflict with the claim one made when one applied for the B-2 (which is that this person did not intend to permanently reside in the US).  If I remember correctly there were some circumstances under which one could get around it by saying that the circumstances had changed since the application - for example, I came to visit but I fell in love with someone and got married.  But the requirements were pretty onerous.

If this rule still holds the most straightforward thing to do is to leave the country and return on a different visa (like K-1 or H-1) which puts one in a different status.  That will be easier to adjust.

Again, I want to emphasize that you should not treat me as an expert. I have added a website below that has an excellent FAQ you can check out.  You can even ask this question there and you will probably get a much more authoratitive answer than from answers.yahoo.com.  Better still consult a lawyer to determine the best course of action.  It may be hard to recover from a mistake.

Answer 2

He can do it.  You don't need an attorney.  All that's necessary is for you to tell USCIS at your interview that the marriage was not planned.... that it was a spur of the moment decision.

After you are married.....

You file I-130, I-864 and G-325A

He files I-485, I-131, I-765 and G-325A

File them at the same time, in the same envelope. The cost to file is $1,365.

In less than 90 days he'll get a work permit.

In about 6 months he'll have his interview.

In about a year he'll get his green card in the mail.

You can find the forms here.....

http://www.uscis.gov/portal/site/uscis/m...

Answer 3

Thought this website would be helpful

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

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