LPR for person with a tourist visa.

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[andrelly]

I have a friend that has a tourist visa. She's here in the USA, is married to a USC,  and has a son. What are the steps that she has to take to get her green card, and about how much would it cost?

[Mayimbe007]

If the her visa hasn't expired yet I believe she will have to file (2) I-130 Petition for Alien Relative and (2) I-485 Application to Register Permanent Residence. 

So for it's 2 * $355 I-130= $710

2 * $1,010 I-485 = $2,020

In total it comes out to about = $2,790 for her and her son to file here...

[andrelly]

Her son is only six, so won't it be cheaper for him? Also why both? Her visa has not expired so won't the I-485 be enough?

[twincactus]

Her son is only six, so won't it be cheaper for him? Also why both? Her visa has not expired so won't the I-485 be enough?

NO. You don't get it. There is tons of material somewhere here about that. IF they want to stay here, they should IMMEDIATELY file an I-130 AND an I-485 and STAY HERE until it's done.

-Tim

[BanginMa]

the I-485 will request that the I-130 NOA1 be sent with it .. so Mayi is correct on the fees

yes it is a bit cheaper for the son if he is 6 .. but still 600

from uscis.gov

For applicants under 14 years of age:

Filing with the I-485 application of at least one parent have a fee total of $600;
Not filing with the I-485 application of at least one parent have a fee total of $930

also they will need medicals done by a civil surgeon and any immunizations required

[brlukath]

Ummmmm.... when did this "tourist" get here? When did she marry? She needs to evaluate the proof she has that she did not enter fraudulently (i.e. with the intent to marry and stay or just with the intent to stay instead of to be a tourist). These cases are usually winnable, but at least a consult with an attorney may be advisable unless there is rock solid proof that there was no fraudulent intent.

Also this should be done ASAP. She can't leave and come back on that tourist visa or that would be fraudulent intent. If necessary, file the forms on the quick, then get prepared for any hurdles before the interview stage. In my experience, most people who do the AOS from any visa other than K have to have an interview and THOSE are the hard ones. (With a K, you have already done a lot to show you are the real deal and the CR-1/IR-1s obviously are LPRs when they come in, so...)

[andrelly]

This "tourist" has been traveling about 15 years, her father is a well respected doctor in Jarabacoa, and her and her family have had tourist visas for the amount of time she has been traveling. Also she married her husband over a year ago and has not gone back to the DR since then. So I'm pretty sure under the circumstances nobody would consider her marriage fraudulent. After all she really had no need for an LPR, she's doing so because she wants to be by her husband.

[brlukath]

Actually-- just from this info--there is a good chance that there would be an issue. The important question is WHY she came to the US on that particular occasion.  Did she have a big planned wedding? Did she KNOW she was getting married before she came to the US? These are signs that she entered the US with the intent to stay here--that is fraud because by using your tourist visa you swear you intend to go back to DR to live and work (or whatever). If she came to get married and live with hubby, she was not a tourist but an intending immigrant and (from the government's POV) she lied when she said she was a tourist.  It doesn't matter whether she "needed" the LPR status nor does it matter how long she had the tourist visa. The fraud is not about the marriage, it is about the entry to the US.  The least important point is who her daddy is in DR -- this is America, remember we like to pretend that stuff doesn't count.  The only important thing is what she did with that visa on the entry to the US the time she got married. If she came to the US intending to get married, she committed a crime (fraud) and she will have to get around that hurdle.

On top of that if she has been married a year, she has accumulated several months (at least 9) of unlawful status here in the US. Now, these people really need to get these papers done FAST and with a lawyer.

[twincactus]

I rest my case.

Andrelly, are you starting to "get it" yet?

-Tim

[andrelly]

Tim, WHEN DID YOU EVEN SAY THIS?! Wtf you mean "rest my case"? You NEVER mentioned ANY of this.

BRK, from what I understand it was an improvised marriage, you know like the kind of marriage that you do when you go to Vegas? And from what she told me they need the NOA2 from the petition that he made for his father that's why they have applied for the residency yet. Furthermore, she didn't go back because she was (wrongfully) advised that since she was married and she went back, she had no posibility of reentry.

Btw, I know MANY cases where people have overstayed visas for years and years (even though my friends visa is NOT expired) and they obtain their residency ASAP. I'm not saying that will actually happen in this case since I know each case is different, but I'm saying apparently it is overlooked most of the time.

[brlukath]

overstaying is NEVER overlooked. that said, these cases normally end up fine. BUT the cost will jump if you accumulate too much time out of status, as you will need to get waivers. Plus, you risk detention everyday you are unlawfully present in the US...

As for the marriage--it really doesn't matter what the plan REALLY was. What matters is what the evidence will show. What has she got to show the marriage was "improvised"? What does that even mean? For example, lots of people plan to do the Vegas thing. Merely getting hitched at city hall or in Vegas won't prove you didn't enter the US with the intent to do that. She needs to prove that she entered the US as a tourist, but while here her plans changed and she got married. The 6 year old kid will have to show the same. I can't say what evidence will prove that, but she has to have it.

Not sure what you mean about an NOA2 for his father's petition--that is irrelevant to hers. As for her visa not being expired, that is now irrelevant too. On any given entrance to the US you can only stay for a max of 90 days; this is independent of the visa's expiry (i.e. if you get a 10 year visa, you don't get to stay in the US for 10 years. You get to come and go for no longer than 3 months for a period of 10 years). She stayed longer than that, so her visa is invalid (the written expiration date doesn't matter) and she is unlawfully present in the US.

[andrelly]

I understand it maybe irrelevant but she sent her son back, idk maybe it will help her.

I don't really understand the process for the tourist but thank you for the insight.

[brlukath]

IMHO--your friend has done all the wrong things to have a perfectly smooth process. She should find a lawyer and work on the process. Since daddy is a hotshot $$ shouldn't be an issue, right?

[twincactus]

IMHO--your friend has done all the wrong things to have a perfectly smooth process. She should find a lawyer and work on the process. Since daddy is a hotshot $$ shouldn't be an issue, right?

She still doesn't "get" it BRK.

I'll spell it out for you Andrelly.

If it can be proved that her INTENT was to stay here and get married, she will be deported (not likely). YOU may say what you want but if she came here and got married soon after entry, it isn't gonna look good. If you come to the country with no intent to stay and meet someone BY ACCIDENT and get married, that;s fine and it's easy to get adjusted. If you go back after you meet this person and come back KNOWING that you will get married and stay, that is fraudulent intent. Sending her kid back wasn't a good idea either, now she will have to petition for the kid (or her US husband more likely) and won't be able to just bring the kid here without a lot of problems.

-Tim

[mexicana]

There are respected doctors in Jarabacoa? Lol

[brlukath]

Just so that the concept is here from the mouth of the USCIS, this is what the official K-1 fact sheet says on this point:

"What if my fiancé(e) uses a different kind of visa, or enters
as a visitor without visa, to come here so we can marry?
There could be serious problems for your fiancé(e) if he or she enters the United States on another visa with the intention of marrying and residing here. Attempting to obtain a visa or entering the United States by saying one thing when you intend another may be considered immigration fraud, for which there are serious penalties. Those penalties include restricting a person’s ability to obtain immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to 5 years."

http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Resources-3rd%20level/How%20Do%20I%20Guides/A2en.pdf

[twincactus]

Thanks BRK.

-Tim

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