please advice

M

mr needy

Registered Users (C)
hi I am on a b1/b2 visa here , i am a doc i am here in us right now, my wife is awaitnig her oath letter.she was interwied 2 months back.
my question is
can i apply for ajustment of status to per.resd.(filing all forms like i130 & 485etc..) if she gets natruralised????.or do I have to go back to my home country and apply for I130
please advice
 
mr needy said:
hi I am on a b1/b2 visa here , i am a doc i am here in us right now, my wife is awaitnig her oath letter.she was interwied 2 months back.
my question is
can i apply for ajustment of status to per.resd.(filing all forms like i130 & 485etc..) if she gets natruralised????.or do I have to go back to my home country and apply for I130
please advice
Click to expand...

please advice this will really help me thanks
 
mrneedy,
since you are already in US via legal admission (b1/b2),
once your wife becomes US citizen,

you can immediatly apply I-130,I485 together with the rest of the docs to your local office.

Once the application are accepted, you will be in "adjustment of Status" status and you wont have to maintain b1/b2 visa..

You can apply I-765 with the initial package too to Get EAD card..

goodluck
 
SWaiting said:
mrneedy,
since you are already in US via legal admission (b1/b2),
once your wife becomes US citizen,

you can immediatly apply I-130,I485 together with the rest of the docs to your local office.

Once the application are accepted, you will be in "adjustment of Status" status and you wont have to maintain b1/b2 visa..

You can apply I-765 with the initial package too to Get EAD card..

goodluck
Click to expand...
thanks alot i really appreciate your quick ans, one more thing do we have to also apply for I539???
 
it's risky doing it this way

they don't like it when people come here on just a visitor visa and get married.

go back and reenter as a fiancee
 
bb_5555 said:
it's risky doing it this way

they don't like it when people come here on just a visitor visa and get married.

go back and reenter as a fiancee
Click to expand...


we were married back home .I was having 10 year mult entry visa even before we married. I WASNT MARRIED IN US. .i hope this wont be an issue as we were married 21/2 years and have kid now who is a us citizen. if there is any where i am going wrong please correct me .thanks advice needed
 
mrneedy,
there is nothing wrong in doing what you plan to do...

bb_5555,
how is your generic statement helping the scenario ? Please provide clear facts... It all depends on the intent at the time of entry..


tons of visitors apply for GC this way and get approval all the time..
 
In general INS really doesnt like people coming as b1/b2 vsitors or other non-immigrant and get marred here. Cause for issuing a non-immigrant visa you claim that you dont have an intention to immigrate and have strong ties with your country, but you know that pretty well.
But your case isn't exactly like that.
You were already married, been here before, your kid is here - USC. I dont hink you should have any concerns. As soon as your wife becomes a naturalized citizen file all the packet 485, 130, G325A, 864, 765&131 (if you intend to work and travel).
The second option is also advisable (as b 5555 says) - to go back and enter under a spouse visa and then file the docs. But the first option works too.
 
Thanks A Lot For The Advice, I Hope My Wife Just Gets Oath Letter Very Soon Its Been 2 Months Already ,orlando Ditrict Office.!!
 
Oath letter

Mr Needy,

I am not sure about how Orlando district office works but generally you (or your wife in this case) should get the oath letter when she was interviewed. She will get her Certificate of Citizenship on the day of the oath. There is no step where you may have to wait for the oath letter. Did you mean that you are waiting for the date of the oath?
 
actually,i think thats what i meant , imean I thought that u will be notified thru mail when u have the oath,isnt it how it works??????????thanks
 
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