Need advice about wife's sponsership

[CoolGuy2009]

I looked for an answer on this web-site but couldnt find it so posting it here.
I was married when I was on my green card in India last year. My wife held a visitor visa (valid for 5 years) even before I got married.

After our marriage, she visited me for 4 months and then went back for 6 months. In Feburary of this year, she came back to the US on her visitor's visa again and can legally stay here until August.
I have applied for my citizenship and expecting it to get approved in a few months. My questions are:

1) If I become a citizen before August and she is still in the US on her visitor's visa, can I apply for change of status in the US or do I have to go through counselor processing.

2) Assuming that I can apply for her change of status while she in the US but she only has a month left of her visitor's visa, does she need to go back to India?

Thanks in advance

 

[JohnnyCash]

Yes, she can adjust her status in the US without going back to home for a consular processing. It's advisable not to file to adjust her status within 90 days of her arrival into the US.

Don't worry about her falling out of status because she wouldn't have any problem in adjusting her status even if she falls out of status at anytime because immigration laws automatically forgive technical violations of immigration laws such as falling out of status, working without work authorization from USCIS, etc...when the person is an immediate relative of a US citizen on a Visa Petition.

Good luck...

I looked for an answer on this web-site but couldnt find it so posting it here.
I was married when I was on my green card in India last year. My wife held a visitor visa (valid for 5 years) even before I got married.

After our marriage, she visited me for 4 months and then went back for 6 months. In Feburary of this year, she came back to the US on her visitor's visa again and can legally stay here until August.
I have applied for my citizenship and expecting it to get approved in a few months. My questions are:

1) If I become a citizen before August and she is still in the US on her visitor's visa, can I apply for change of status in the US or do I have to go through counselor processing.


2) Assuming that I can apply for her change of status while she in the US but she only has a month left of her visitor's visa, does she need to go back to India?


Thanks in advance

 

[Triple Citizen]

She can go via the AOS route but USCIS can always accuse her of misrepresentation at the POE, which is not a variable if one goes the CP route.

1) If I become a citizen before August and she is still in the US on her visitor's visa, can I apply for change of status in the US or do I have to go through counselor processing.