When marrying a foreigner national (Philippines) who is here legally on Tourist Visa, do I apply for status adjustment/change before or after marriage 7 Answers as of June 24, 2013

When does the name change take place or how is it done in this case? Link to site or form is appreciated. What form or process is needed to allow her daughter to immigrate to the U.S. (she’s never applied or been denied a visa to the US).

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JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
You need to apply after you receive your marriage certificate, because USCIS requires a marriage certificate for a marriage AOS.
Answer Applies to: California
Replied: 6/24/2013
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You have to be legally married first and then you can petition for your spouse's permanent resident status on the basis of a bona fide marriage to a US citizen.
Answer Applies to: California
Replied: 6/18/2013
Law Office of Eric Fisher | Eric Fisher
If you are a US citizen and you marry a foreign national who is in the US with a visa, you can file the I-130 visa petition for her and she can file the I-485 application to adjust status at the same time.
Answer Applies to: Colorado
Replied: 6/18/2013
Law Office of Adebola Asekun | Adebola O. Asekun
It is your marriage that forms the legal basis for you, as a US citizen to file petition for your immediate relative (spouse) If she is presently in the US after lawful admission (even if her visa has expired), you can file both the I-130 petition and her Form I-485 green card application at the same time to the appropriate USCIS office. If this is done properly, you should expect to be interviewed within 6-8 months and if all goes well, she will get her green card soon thereafter. If her daughter is under 18, under immigration lawyer, her daughter is considered to be your step child and so, you can also file a petition for her to come to the US from her country with a green card. There are several factors to be considered in the immigration process and any one or more of which will impact your application and so, I find that the better option is that you hire an experienced immigration attorney for your case.
Answer Applies to: New York
Replied: 6/17/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You need to consult an experienced immigration attorney. It is inadvisable to petition for adjustment of status if the alien entered with a tourist visa and soon thereafter married. It typically triggers an inquiry into intent at the time of entry, which in turn can lead to a permanent bar for misrepresentation.
Answer Applies to: New York
Replied: 6/17/2013
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    You apply after the marriage. During the marriage a spouse can choose a the other's last name.
    Answer Applies to: New York
    Replied: 6/17/2013
    Coane and Associates
    Coane and Associates | Bruce Coane
    This is all very complicated and I'd suggest using a board certified immigration lawyer. You can review the complicated forms and instructions and look for forms I-130,485,864, and G-325A. And, yes, you must be married in order to sponsor your wife and her child.
    Answer Applies to: Texas
    Replied: 6/17/2013
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