Not sure which Visa I need for my wife!

[teejeaux]

My girlfriend came over here for the Summer on a tourist visa. After spending an amazing Summer together, we decided to get married. Now we are not sure what type of visa we need to get. Or do I just need to apply for a change in status for her? Since we are already married, she shouldn't need the fiance visa, I think. Can anyone help? I really don't have the money for a lawyer, so I'm looking to do this by myself.

Thanks,
Teejeaux

[rayb]

If you are a U.S. citizen and you marry, you will be submitting an I-130 and I-485 with supporting documents.

You cannot petition her as a fiancee for her to be processed in the U.S. She would have to return to her own country before her tourist visa expires and then be processed in her own country.

--Ray B

My girlfriend came over here for the Summer on a tourist visa. After spending an amazing Summer together, we decided to get married. Now we are not sure what type of visa we need to get. Or do I just need to apply for a change in status for her? Since we are already married, she shouldn't need the fiance visa, I think. Can anyone help? I really don't have the money for a lawyer, so I'm looking to do this by myself.

Thanks,
Teejeaux

[teejeaux]

Response

If you are a U.S. citizen and you marry, you will be submitting an I-130 and I-485 with supporting documents.

You cannot petition her as a fiancee for her to be processed in the U.S. She would have to return to her own country before her tourist visa expires and then be processed in her own country.

--Ray B

So, since we are already married, I just submit the I-130 petition, and the I-485 for adjusting status. This seems like it can be done pretty easily without a lawyer, right?

[rayb]

Filling out 7 or 8 forms is not really an attorney task, but would cost you $1,500 - $2,000 if you hire an attorney to do it.

But when it comes to a lay person doing this one time, and the first time, a few things can go wrong. You need to read the instructions, ask questions, then have your papework reviewed by an experienced person before submitting to USCIS.

--Ray B

So, since we are already married, I just submit the I-130 petition, and the I-485 for adjusting status. This seems like it can be done pretty easily without a lawyer, right?