US Citizen marries tourist visa wife here in the US, what forms are needed to be filed with immigration to get legal status?

Asked over 4 years ago - Los Angeles, CA

US Citizen marries tourist visa wife here in the US, what forms are needed to be filed with immigration to get legal status for the tourist wife?

Attorney answers (3)

  1. Yemane Kareef Clarke

    Contributor Level 8

    Answered . To many unknown facts. I agree with what Kevin stated you need to have a consultation with an experience immigration attorney.

    The forms commonly filed with an adjustment of status cases are I-130, I-1485, G-325, I-131, I-864, and I-765.

  2. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    Answered . This is a myth, since the process requires more than just forms, but documentation of the relationship. The forms may vary a bit depending if you need a financial co-sponsor. Some applicants can have difficulty getting a co-sponsor.

    The USCIS filing fees and medical exam exceeds $1500. If you make a mistake or miss the appointment, then you often have pay the fee, again. In some situations, the tourist wife can be disqualified and placed in deportation proceedings, even if married to a U.S. Citizen.

    It is in your best interests to schedule an appointment with an experienced immigration attorney. What may seem to some as the most straight-forward applications are lost in the system or delayed indefinitely. For more information, you may also go to www.uscis.gov. You can find the forms at that site, since they are free.

    The above is general information and does not create an attorney-client relationship.

  3. Stuart Jonas Reich

    Pro

    Contributor Level 19

    Answered . I would speak to a lawyer for assistance with the process - for several reasons.

    The fact that the process is more complex - and the forms more confusing - than most people think is one reason (browse the questions in this forum on how to complete the forms to geet some idea how confusing the documents can be).

    But just from this brief question you ask tells me there's something else here that needs looking into. You say your wife is here on a tourist visa. A tourist visa requires "nonimmigrant intent" - the intent to just visit briefly and then return to a home abroad. Marrying a U.S. citizen once you get here is inconsistent with this intent, and generally viewed as evidence of fraud in entering this way.

    If the marriage occurred too soon after your wife entered as a tourist, there is an actual presumption of fraud at the interview. This would result in more trouble than just denial of the case.

    Speak with a lawyer before filing anything.

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