I-485 on Tourist Visa

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kunall

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My name is Kunall and I'm geting married in Dec 2005 in India. My to-be-spouse has a 10 year tourist visa. I will return after the marriage back to the US in Jan 2006. My spouse will come to US on her tourist visa in Feb 2006. Her tourist stay limit is for a maximum of 6 months.

I become a US Citizen in April 2006. Since my spouse will be in US from Feb 2006, can I apply for her I-130 Spousal Immigrant Visa and also for the I-485 Adjustment of Status concurrently, immediately after I get my citizenship? We will also apply for her work permit I-765 soon after. Now, the question I have is -

Does she become out of status or is it illegal for her to stay in the US beyond her 6 month stay, while her case is pending? If she leaves the country before the 6 month expiiration, is her case considered abandoned? Does she then have to wait till her I-130 is approved and go to the US consulate in India to come on a immigrant visa?

Thanks,
kdp
 
According to my understanding, coming on B1 after marriage to a Citizen or GC is illegal. B1 requires non-immigrant intent. Marriage to a citizen or GC voids that. She might not have problem entering the country on Feb 2006. But when you apply for I485 i believe you need to give your marriage certificate (with Dec 2005 date). Also if they see she has entered on B1 on feb 2006, USCIS might consider that entry as illegal and probably deny her 485.
Since you are a citizen 130 is fast. Also try to bring her on K1 and get married here and apply for adjustment.
 
kunall said:
My name is Kunall and I'm geting married in Dec 2005 in India. My to-be-spouse has a 10 year tourist visa. I will return after the marriage back to the US in Jan 2006. My spouse will come to US on her tourist visa in Feb 2006. Her tourist stay limit is for a maximum of 6 months.

I become a US Citizen in April 2006. Since my spouse will be in US from Feb 2006, can I apply for her I-130 Spousal Immigrant Visa and also for the I-485 Adjustment of Status concurrently, immediately after I get my citizenship? We will also apply for her work permit I-765 soon after. Now, the question I have is -

Does she become out of status or is it illegal for her to stay in the US beyond her 6 month stay, while her case is pending? If she leaves the country before the 6 month expiiration, is her case considered abandoned? Does she then have to wait till her I-130 is approved and go to the US consulate in India to come on a immigrant visa?

Thanks,
kdp
Click to expand...

Although overstaying may not be an issue for immediate relative You can bring her here on K3 visa which should pretty fast and recommended if you or spouse apply directly at New Delhi.

If you are planning to stay more then 90 days you can make use Direct consular filing (DCF) at New Delhi. That way she can come with Green card in the hand.
It will take weeks if not days to get green card for immediate relatives, which includes the parents, Spouse and children of the citizen.

Please note this is possible only if you file New Delhi since it has USCIS office. You cannot do DCF at Mumbi ,Chennai and Kolkotta. Also K3 takes time at these places

http://newdelhi.usembassy.gov/wwwhconsuivg.html#K3
 
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