If my spouse is multiple b1/b2 how do I convert to green card of citizenship? 16 Answers as of September 11, 2012

My in-laws are in US citizens.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Your husband can only adjust status to permanent residence if a qualifying family relation petitions for him and that petition is approved. Who is the US citizen other than your in-laws as for them to petition for him will take a long time. What is your current immigration status?
Answer Applies to: California
Replied: 9/11/2012
Universal Law Group, Inc. | Francis John Cowhig
If you are a U.S. citizen you would have to file form I-130 and then form I-485. If your wife's parents are U.S. citizens, they can also petition her, but it may take longer. If you are a legal resident only, you can still petition for her, but it will take longer also.

I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your wife's situation. He/she would then be in a better position to analyze her case and advise you of your options.
Answer Applies to: California
Replied: 8/15/2012
Hanna Legal, LLC
Hanna Legal, LLC | Jen Hanna
Generally, if your spouse entered the country legally, and is not disqualified because of a criminal history or for any other reason, then getting a permanent resident card is relatively straightforward. You'll file a series of documents with USCIS, (usually I-130, I-485, I-765 and I-131 plus supporting documents), have a background check, go for an interview, and eventually receive the permanent resident card. There are many things that can go wrong with this process, and small mistakes can result in years of trouble. I strongly recommend that you at least consult an immigration attorney to get a good understanding of the process before filing any paperwork.
Answer Applies to: Wisconsin
Replied: 8/15/2012
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
What status are you? Your in-laws can file for their daughter but she would be in the FB-3 category which is backlogged many years (worse for some countries than others). It is s 2-step process and the first step is all that can be done now.

By filing they will give her a place in line but not the option to remain in the U.S. She would need to also change status to another nonimmigrant status for which she qualifies. This is tricky though if she starts the green card process through her parents.
Answer Applies to: California
Replied: 8/15/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
Hello: He would first get some kind of work permit. *Work Permit* You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to either your degree or your experience. Our firm can do the entire petition. Once we begin processing and get it filed, it normally takes about three to six months to get the approval. If you want a work permit in an expedited manner, you can take advantage of the Premium Processing program at the USCIS. This will allow you to have the expedited answer in less than one month. You will need to add $1,500.00 to the cost below for Premium Processing.
Answer Applies to: California
Replied: 8/15/2012
    U.S. Tax Relief, LLC | Dale Heider
    The B1/B2 is a Visitor for Business / Visitor for Pleasure temporary Visa, and is not convertible to a Green Card.
    Answer Applies to: Colorado
    Replied: 8/15/2012
    Law Office of Ismail Mohammed | Ismail Mohammed
    Since your wife is already married, your in-laws won't be able to sponsor her. Your wife may be able for an adjustment of status however.
    Answer Applies to: Massachusetts
    Replied: 8/15/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    In order to start the process to get your green card, your husband's parent, sister or brother must submit an I-130 petition on his behalf.
    Answer Applies to: Texas
    Replied: 8/15/2012
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    Your question is not clear. By in laws if you mean her parents, a petition filed by a USC parent will be category F-3 and it has several years of wait time.
    Answer Applies to: Nevada
    Replied: 8/15/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    I am not sure how you intend to obtain a green card. As I understand the information provided, your wife's parents are U.S. citizens not your wife.

    They could petition for your wife. This would be a preference petition so you would need to wait for a visa to be available. You cannot just convert to a green card in the U.S. However, I would need more specific information to properly address this question.
    Answer Applies to: New York
    Replied: 8/15/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    I am unclear if both you and your spouse are non-citizens/have visitor status, or if only your spouse is here on a B1/B2, you are not, and your spouse's parents are US citizens. Your spouse's parents as US citizens can file an immigrant visa petition on your spouse's behalf. However, it will be far from immediate in granting any form of status. You can review the Department of State Visa Bulletin for an idea of current wait times. If I can be of further assistance please let me know.
    Answer Applies to: Washington
    Replied: 8/15/2012
    Namita Agarwal
    Namita Agarwal | Namita Agarwal
    There are multiple ways to change status, but you must be wary about non-dual intent, which is the intent of B1/B2 visas.
    Answer Applies to: Massachusetts
    Replied: 8/15/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Your in laws would have to petition for your spouse and you. You cannot obtain a green card with a B1/B2 visa alone.
    Answer Applies to: Florida
    Replied: 8/15/2012
    Frazier, Soloway & Poorak, P.C.
    Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
    Generally, a U.S. Citizen parent of a married daughter may petition for her in the Family-based Third Preference visa category.

    Note, however that there is a multi-year backlog for visas in this category, and the married daughter would not be permitted to stay in the U.S. on a visitor's visa (B1/B2) while waiting for a visa to become available.

    Other eligibilities and options may exist, and there is no substitute for engaging an immigration attorney to review all of the relevant facts in order to advise about eligibilities, options and strategies.

    Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
    Answer Applies to: Georgia
    Replied: 8/15/2012
    Immigration Attorneys, LLP | Robert R. Gard
    Your husband's parents could file an immigrant visa on his behalf, but it would be filed under the family-based 3rd preference category (over 21 year old married sons/daughters of US citizens). I've attached a copy of the Visa Bulletin for August of 2012 (the September 2012 Visa Bulletin will likely be available today or Monday) showing that this category is severely oversubscribed and backlogged for several years. There's certainly nothing wrong with filing for him (that would be the only way for him to get "a place in the waiting line" for this category of immigrant visa), but it could impact his ability to extend his stay on B-1/B-2 or to get another nonimmigrant visa that requires strict bona fide nonimmigrant intent. Perhaps he should explore alternative immigration strategies.
    Answer Applies to: Illinois
    Replied: 8/15/2012
    Law Office of Eric Fisher | Eric Fisher
    If you are a USC, you can file a visa petition for your spouse, and depending upon her manner of entry into the US, she may be able to apply for adjustment of status. If you are not a USC, her USC parents may be able to petition for her. She should consult an immigration attorney.
    Answer Applies to: Colorado
    Replied: 8/15/2012
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