How can legally I change my tourist visa to an F2 visa or green card? 9 Answers as of January 31, 2011I am from Saudi Arabia and my husband is a US citizen. I have a tourist visa and I want to change it to a green card or F2 visa because my expiration date on my I-94 ends on February 27, 2011. I want to change it as soon as possible. How can I do this?
Feldman Feldman & Associates, PC | Lynne Feldman
If you are here legally you can file immediately for permanent residency. After filing you will be fingerprinted and issued a work card and travel permit. Approximately 3-4 months in most areas now you and your spouse will be scheduled for an interview. If all goes well at the interview your permanent residency will be approved. It should be a good faith marriage and not one just to assist you in getting permanent residency. If married less than 2 years when the PR card is approved it will be a conditional permanent residency (2 year PR card). After 1 year and 9 months you and your spouse will need to jointly petition to remove conditions and demonstrate again that your marriage is in good faith. There are limited exceptions to the joint filing requirement at the end of the two year period and they require a strong showing that the marriage was done for the right reasons and not just to help get a green card. If we can be of assistance in your permanent residency process, contact me as indicated below and I will advise you on the procedures, documents required and fees.
Answer Applies to: California
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Your husband as a U.S. citizen can petition you for an adjustment of status (AOS) to lawful permanent residency by filing the required forms and paying the required fees before your I-94 expires late in February.
Answer Applies to: Virginia
The Vega Law Firm | Linda Vega
Under 245(a) you may adjust you status to that of legal permanent residency if you have a qualifying relative (in your case your US citizen husband) and a visa is immediately available. You should visit an attorney and start the process immediately.
Answer Applies to: Texas
Pauly P.A. | Clemens W. Pauly
If your husband is a US citizen then you are considered an immediate relative and you do not fall into the F2A category. In general, all your husband has to do is file the I-130 petition and you submit the I-485 application package at the same time. You will first get a notice of a biometrics appointment and then the invitation to appear at your interview with your husband to demonstrate the "bone fides" of your marriage. While this process is pretty straight forward, you should at least consult with an immigration lawyer about the details of this process and your case specifics in order to avoid any surprises later.
Answer Applies to: Florida
Nicastro Piscopo, APLC | Louis M. Piscopo
If you are married to a U.S. Citizen it is unlikely that the USCIS would grant you a change of status from visitor to student. The best option would be for your U.S. Citizen husband to petition you and you can apply for your Green Card. Since you are in the U.S. you can apply for adjustment of status. In which case it will take about 4-6 months for your to obtain your Green Card. You should file before your current status expires, or very soon after to avoid accruing unlawful presence in the U.S.
Answer Applies to: California