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jesus M
Jan 26, 2022
AOS with F2A tourist visa (B1/B2), is it possible? share your expirience please !
AOS with F2A tourist visa (B1/B2) i’m overseas rn, but i have tourist visa. My I-130 still pending.
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Lisa ModhwadiaJan 26, 2022
Is it posible if your status in USA is legal, i came with tourist visa and I overstayed, my husband is Green card holder. I asked my attorney if I could adjust here and he said the process needs to be consular because I'm out of status even though I entered in a legal way. My attorney was explaining the only way to adjust here is if a had lawful presence. Right now I'm just waiting for my husband to get his oath ceremony to become a us citizen and adjust status here in the United states.
Fdn Future futureJan 26, 2022
@Lisa if your husband is a lawful permanent resident and u overstayed with a tourist visa , he can apply for you to adjust status with no problem . he don’t need to be a us citizen
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M S sJan 26, 2022
if you Overstayed and your husband is a Green C holder, you need to do a Consular process. He as a GC holder can make you the AOS but one of the requirements is to have the 6 steps approved and you can NOT accumulate illegal presence. ONLY citizens can make adjustments to immediate relatives who have accumulated unlawful presence. Read carefully the explanation that Lisa has given you. she is correct
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M S sJan 26, 2022
Fdn Future Future ,Her husband needs to be a Citizen, otherwise she must go through consular processing. because she has accumulated illegal presence
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jesus MJan 26, 2022
@Lisa 2 questions: 1st Q: if i file the i-485 while my status is legal, would i have any issue ? 2nd Q: I have to be in legal status (tourist visa status) the day that the case will be adjudicated or not? Thanks in advance
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jesus MJan 26, 2022
@Fdn Future, Lisa its right
Lisa ModhwadiaJan 26, 2022
@ Fdn Future future I could adjust if I had lawful presence, since I overstayed, I don't have a lawful presence in the United states. My process needs to be consular, we filed I-130, just waiting to be approved, once is approved we need to apply for a waiver and return to my country once the waiver is approved to guarantee me to comeback to the United states. At the embassy I would have interview and then they would stamp a immigrant visa not the green card. The green card is going to be send to the adress where I live with my husband in the United states. I did my research previously with 4 attorneys before hiring the one I already have.
Lisa ModhwadiaJan 26, 2022
@M S s yes! That's what I'm trying to explain to @ Fdn Future future, that's why I'm waiting for my husband to become US citizen and not going to the consular process, I have a friend she went through consular process and she had to wait almost 2 years in her country.
Lisa ModhwadiaJan 26, 2022
@ jesus M to be honest I don't know how it would work, because if you adjust right now interviews, work permits and all forms are taking more than 6 months in some field offices to be approved and after 6 months you automatically would be in unlawful presence. You have to ask an inmigration attorney, but I know someone who came with tourist visa and married a Green card holder, she applied for student visa and enrolled in a trading school, once she had her student visa, she adjusted because the student visa gave her a lawful presence.
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M S sJan 26, 2022
I came with B1/B2, and im in the process of AOS. I've done everything by myself. The answer is , No, you dont have any issue if you adjust while your status is already legal. ( i did it like that )
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jesus MJan 26, 2022
@ M S s, did you have the i-130 approved or not?
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jesus MJan 26, 2022
thank you all for your time ! 🙏🏼
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M S sJan 26, 2022
Jesus M . NO Because I did a Concurrent filling . As a Wife of a US citizen ..i can do it like that

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