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Should I file for my wife in August for adjustment of status? She is currently in the states with me on a tourist visa.

Arlington, VA |

I am a permanent resident since 2010. I have received a green card over the green card diversity lottery. My wife came on a tourist visa in Nov 2012. I married her in the states in Dec 2012. She was eligible to stay with me for six months here, and after that she extended her staying for six more months. So she is in a legal status until the end of Oct 2013. I just read some news that I could apply for her starting in Aug for a family based visa to adjust her status. I never applied for her before.I just wanted to make sure that this is really available now and if we are good to start with a process and that she would be able to stay with me. Please give me some suggestions and responds.I am very excited to hear. Thanks in advance

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Attorney answers 3


It may be great opportunity for your wife to get her adjustment application filed while priority date is current. Just make sure to consult a lawyer about specifics of your case, since there may be an issue of preconceived intent.

Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.


It can be possible to apply to change your wife's status from visitor to permanent resident green card holder beginning August 2013. This is a great opportunity for petitioners like yourself at this time. However, there should be a word of caution: I wonder what was indicated on her application to extend her stay as a visitor. Be careful when filling out government forms that they be truthful. It seems to me that if you had mentioned you married on the extension request she likely would have been denied the extension. Immigration officers review your history of filings looking for problems and this can cause difficulties at her green card interview, even a bar for misrepresentation. You should be working with an immigration attorney on her filings to keep her safe.

For more information, call (888) 483-0311. This information is general in nature and is not legal advice to be relied upon for any particular matter.


Yes and as soon as August 1. The August "current" situation will not last long.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.