I came to the US on a tourist visa in 2006 and have since married a US citizen. How do I get legal status and citizenship?
If your spouse is cooperative, we would have you and the USC spouse file various papers to obtain your permanent residency. You would remain a citizen of the country where you are now a citizen. After you have been a permanent resident for three years you may then file to be a U.s. citizen if you want to but first step is your permanent residency. Contact me as indicated below and I will advise you on the procedures to get this done, timing, costs, etc. In most areas it takes about four months and you should not travel while it is pending.
You will have to file an I-485 packet in order to adjust your status to that of an LPR. We can help in that. There are several applications you will need to submit. I will want you to at least consult with an attorney initially even if you file it by yourself although I do not recommend it.
Hello, Your spouse needs to file a visa petition for you and you need to file for adjustment of status.
You apply to adjust status based on marriage to a United States citizen.
As US Citizen, your spouse may petition for you and you may simultaneously apply to adjust your status to permanent resident if other requirements are met.
If you have entered the country legally and are now married to a US Citizen you may be eligible for getting your green card through a process called adjustment of status.
Your spouse needs to file for you immediately. As the spouse of a US citizen, under section 245(a), the immigration law forgives your visa overstay and unauthorized employment. Consult with an experienced immigration attorney for details.
You could file for adjustment of status, but you need a waiver first. Since you came in on a tourist visa (a non-immigrant visa), the presumption of fraud is automatically present, whether or notbthey will grant the waiver nobody can tell you, it's highly fact sensitive. I suggest you seek professional help.
Your US citizen wife should file a visa petition for you. (Form I-130) If you have not left the US since 2006, you can apply for permanent residency at the same time (form I-485). There are several other requirements, so you should speak with an immigration attorney.
Your spouse must file an immigrant visa petition on your behalf and you must file an application to adjust your status. This process will require the completion of forms, payment of filing fees, and submission of evidence. You will also need to appear for at least one interview with USCIS. Assuming there are no adverse factors, you will likely be granted lawful permanent residence. However, if you have any negative immigration history, criminal record, deportation order, etc. you should speak to an attorney before filing as such adverse factors may impact your ability to receive permanent resident status. You will only be able to seek citizenship after being a permanent resident for 3 or 5 years (depending upon your marital status when you file the application).
You can apply for your green card in the US. There is no penalty for the overstay either. And the entire process only takes 3 months.
You can file an application to "adjust status". A correct entry with correct documents without lies and an American spouse usually helps. Other issues must be examined. If possible, schedule a consultation with an attorney. Many of them have free initial consultation and can make you have ALL the requirements. Good luck.
Your spouse needs to petition for you. Your best bet is to speak with and hire an immigration attorney experienced in this field.
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