If I marry a woman from China while she is here in the US on a Tourist Visa, does she stay in the US and file Form I-539, Application to Extend/Change Nonimmigrant Status? What is the procedure if we legally marry in my County in the US while she is on a Tourist Visa? Is she able to stay with me if we are married?
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Marrying on a Tourist Visa
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Marrying on a Tourist Visa
Originally posted by newacct View PostNo, she would not apply for extension of status. If you are a US citizen, you guys should file I-130 and I-485 for Adjustment of Status.
The I-485 form requires that the applicant must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident - is the I-130 what provides this visa number? Filing both the I-130 and I-485 concurrently allows her to stay without returning to China if we marry in the US while she is in the US on a Tourist Visa? I do not want her to to violate her current Tourist Visa unless the I-130 and I-485 filing makes this possible.
Can she also file an I-765 concurrently with the I-130 and I-485? I do have more than the adequate income for support.
Thank you for your help on this.
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A visa number is always available for the Immediate Relative category because there is no limitation on visa numbers. Whenever visa numbers are available, you can file I-130 and I-485 concurrently. She can stay as long as I-485 is pending, regardless of whether she has status.
This is my personal opinion and is not to be construed as legal advice.
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