Job Discussion Forums

[zazm]

Hi folks!


I will be going home to the US in a few days and I would like to bring my wife.

She has a B1/B2 visa and I would like to change her status while we are there. We got married last summer and we were apart for a while during the marriage and I don't want to be apart again.

Anyway, is there anyway to change her status from tourist status to permanent status in the US?

Another way would be for us to renew our vows in the US, is that feasible?

I would think that once inside the US, it would be easier to change than to do it outside the country.

Is there anyone who went through anything remotely similar to this before?

Anyway helpful info would be greatfully appreciated.

Thanks in advanced.

[guest of Japan]

Getting a green card for your wife is more easily done outside the US than in. The system is the same. It requires a lot of money, paperwork and time. However, the US is so backed up that you're looking at years of wait time to get the green card if you apply in the US. If you do it in a foreign country you're looking at just a few months from when you file the paperwork. Bear in mind the paper work may take a couple months to file if you have to send for documents. I did my wife's green card from Japan and it took about 6 months from start to finish. Marrying in the US won't speed up the process any.

[stoth1972]

Well, technically, if you are changing her status, you need to do so according to DHS method. I'm not familiar with the B12 visa (is it a tourist visa?). My husband entered this country on a fiancee visa (K1). We married within 90 days and then began to change his status to spouse. That was Jan 19 when we submitted our petition and we're still waiting! That means no green card, no permission to leave the country, and no change of status to spousal.

Our attorney had told us that many people marry first, enter the country as a tourist (short wait), and then apply to change to spousal status, but technically, that is illegal. Lots of people do it, the govt processes those applications with a slap on the hand, but it's not the correct way to change status. We would have done that in retrospect, though my husband is Middle Eastern and we didn't want to deal with potential backlash for not following procedure. Imagine coming in on that visa, staying on the tourist visa and then attempting to change to a spousal visa, only to have them toss your wife out until the petition is approved...not ideal, but certainly possible.

I suggest you instigate the change of status outside of the country. Continue to enjoy spending time together, and when the change of status is done, then returning will be easier. The whole process sucks...we're about fed up.

[iris17]

Try this website's forum.
https://www.visapro.com/Message-Board/index.php?
Someone there should be able to answer your questions.

Good luck! My husband and I are in the middle of the immigration mess as well.

[danswayne]

If she is legally your wife in any country in the world then she is legally your wife in America too. The American would never try to deny that fact, they will just try to keep you apart until they feel you are ready to be together. If she has a visa she can change status in the US but she better not leave until everything is finsihed sometimes 5 - 10 years, or she might not be returning anytime soon. PM me if you want more of my advice, just remember I am not a lawyer just an American guy happily married to a beautiful Chinese girl who has gone through all this already and knows a little bit about the process.

[rusmeister]

I married a Russian.
Guest of Japan is right.
It's best to apply for the status you want now. Changing there is much harder and takes much longer by all accounts.
Maybe it's because backlogs are never as bad at local embassies as they are at a centralized national bureaucracy? Plus it seems to me like they act more suspicious when you try to change your status in-country.

PS: contrary to popular wisdom, my wife is still beautiful 15 yrs into the marriage. (OK, she put on a little weight after the 3rd child - she's been running and swimming daily to take it off)