I am an USA citizen and married an Indian Citizen beginning of February 2018. She has obtained a visiting visa prior to marriage and she is currently in the states.Can I apply for spouse visa while she is in USA? If not then how long after she go back to India. If yes then after how long? Will visa status change as soon as I apply for spouse visa? or can I visit on visitor visa after applying for spouse visa and will this cause any hindrance to apply for green card.
Yes, you can apply for her while she is in the U.S. Before you apply please consult an attorney who can review your case and guide you through the details and the process of Adjusting her status.
All sponsorship paperwork can be filed while present in the U.S., but each action should be carefully considered to minimize a preconceived intent to immigrate (fairly or unfairly) inference that can be drawn by the USCIS. Consult with an experienced immigration lawyer.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.
The answer depends on various factors. You may only be able to file an immigrant petition on her behalf right away, It is best that you consult an immigration attorney in person - since there may be issues of pre-conceived intent to immigrate.
The answers to your questions are for general purposes only and do not establish an attorney-client relationship. Please contact an attorney to determine the answer to your specific situation.
The issue to be discussed is preconceived intent which is a deal breaker. Meet it and your spouse can adjust status. If the Department shows she intended to adjust status while entering on visitor visa, she will find herself in deportation proceedings. Since it is so crucial, it is best to have a brief talk with an experienced attorney and then proceed. I wish you the best!
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
You have not provided enough information to answer this question. This is an important decision...consult with a lawyer.
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