While filing for the I-130 and I-485 petition can the spouse (who's not a US citizen) stay in the States and wait for everything to get approved?
The spouse entered the States with a visitors Visa.
2006-10-25 01:44:16 · 9 answers · asked by Anonymous in Politics & Government ➔ Immigration
Yes. My wife, who is Colombian, and I did the same thing. Once you have the receipt back from the INS that they received your paperwork, the spouse can stay until a decision i made. If the person sponsoring the non-citizen is a US citizen themselves it does not take very long. My wife got her Work Permit and Temporary Residency in about three months.
2006-10-25 01:48:50 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Yes, as long as everything was filed before his or her visitor visa expired. I trust you filed for an I-131 and I-765 so the spouse can work and travel.
Also, I hope you waited at least 60 days after the spouse entered on a tourist visa to get married, otherwise I hear the Immigration Service might consider the marriage fraudulent.
2006-10-26 05:52:16 · answer #2 · answered by isobostonfun 2 · 0⤊ 0⤋
The spouse must extend the Visitor's visa to stay longer while waiting for immigration paperworks.
2006-10-25 01:46:33 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Yes. My wife is from Venezuela and we're going through the very process you describe. She received a work permit a couple of months after we sent in the paperwork for the I-130 and I-485.
2006-10-25 01:49:18 · answer #4 · answered by Anonymous · 0⤊ 1⤋
My son went to Australia and married a Korean lady and couldn't even get her here on a visa! I went to immigration and (after 4hrs of waiting for three window attendants with eight windows possible...what are they doing with the huge grant of money they got?) They told me that he would have to leave her there and come here get a job and sponsor her. I asked if I could do it and they told me yes, I would be totally liable for her until she became a citizen including if she divorced may son and married someone else! Any legal troubles I would be responsible for including accidents...and other children not from my son...and their problems...no wonder people are coming here over the border in droves...
I told my son to go to enter by way of Mexico!
2006-10-25 02:01:11 · answer #5 · answered by deburleigh 3 · 0⤊ 1⤋
yes he can, but it the visa is expired it is best that he return
if you have already file you need to ask if the spouse can stay
But best advise is for you to contact INS and find out
you need to do so before the visa expire
Good luck
2006-10-25 02:14:05 · answer #6 · answered by waiting for baby 6 · 0⤊ 0⤋
You need to contact the Department of Homeland Security and say that your circumstances have changed. Get them to advise you the best way forward. If you get deported, you will surely not get back in. I think you may be able to stay on the grounds that your circumstances have changed. Failing that get a specialist immigration lawyer to advise you.
2006-10-25 02:21:17 · answer #7 · answered by nomad 2 · 0⤊ 0⤋
Yes, providing that the person doesn't do anything stupid like get arrested. DO NOT LEAVE the country cause that will be another stupid thing, self inflicted of course.
2006-10-25 04:18:40 · answer #8 · answered by Anonymous · 0⤊ 0⤋
visit's over!
2006-10-25 01:48:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋