Green card question for legally married person to US citizen.

[dixiepride]

If one is legally married to a US citizen and in the USA on a legal tourist Visa. What is the steps for applying for green card AND how long can that person stay in the USA?

Can that person stay in the USA until green card process in completed? How long does green card process take?

Visa would allow said person to be in USA for only 6 months of 12 so what if green card process takes longer?

Thank you very much for your help.

[wavedom]

You can apply for Adjustment of Status (AOS) by submitting an I-485 along with supporting documents. You also have to submit an I-130 which the I-485 will be based on. The I-485 should normally be processed within five months, but the I-130 can take a little bit longer. Once you submit your I-485 you leave your B1/B2 status and go into pending status. This allows you to stay in the US until the I-485 is approved or denied, even if it is past the expiration date of the visa.

If you are planning on immigrating based on a marriage to a USC, I would recommend you to do it the proper way and apply for an IR1/CR1 visa. The B1/B2 is a non immigrant visa and you could be accused for visa fraud if the USCIS suspects that you intended to immigrate when you applied for your visa.

[blue77]

I applied from a student visa. The forms I filled in were the I-130, I-485 and I-693.

These three forms were sent to the same office (Chicago in my case).

With them, I submitted anything I had which proved we were a legitimate couple. Bank statements, bills, life insurance, health insurance, dog licences, wedding cards, testimonials from friends and family, car documents, and anything else we had which were in joint names. I even submitted copies of bills on the house that I had paid for like heating repairs and so on.

I submitted all this in the middle of November, and was approved for a green card at the end of January, so about 2.5 months for me. It did take me a long time to get all the evidence together (about 6 months, but most of that was due to inept NHS in England losing my healthcare history), and I was very obsessive about it, but it paid off. I may be wrong, but it seems the better the application, the quicker it is processed, and the easier the final interview. This makes sense and is logical.

I actually received permission to work about a week or so before my interview, which really surprised me, and took a lot of worry off my shoulders.

I think as soon as your application is accepted, it takes over from your existing visa and you are allowed to stay until the conclusion of your application. That's just my understanding of that, someone with more knowledge may be able to specify exactly.

Good luck, and be thorough in your application and you'll be fine.

[texas101]

I believe you also have to do an I-864 don't you? Affadavit of Support