# Changing Visa Status in the US



## jessicalees (Oct 12, 2014)

Is it possible to switch from a tourist visa to a spouse visa while in the USA? 
A friend of mine was advised to use this method to bring his Japanese wife to the US to try and avoid a period of separation. They are currently in the US, she entered on a round trip ticket on a tourist visa and didn`t leave. 

What are the next steps they should take to gain the right to remain? 
Thanks for the advice.


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## BBCWatcher (Dec 28, 2012)

It's technically possible but extremely risky. Attempting Adjustment of Status could result in a decade or more of separation -- or at least denied permission to remain in the U.S. Not recommended.

The correct approach is that she must leave, before her stay permission expires, and then the U.S. husband sponsors his wife for an IR-1 or CR-1 visa. He would file USCIS Form I-130 and related attachments (Form G-1145 and a pair of G-325A biographical forms), plus pay the fee. USCIS then acts on the I-130 and (if approved) forwards the case to the National Visa Center. Then the wife (with the help of her husband) completes the steps to obtain her IR-1 or CR-1. Once the visa is in hand, she can join her husband in the U.S.

If they do not wish to be apart during that time then there's a solution: he should move to Japan. There's no particular prearrangement required, such as a visa. He can apply for a resident permit in Japan with the help of his wife and with the appropriate marriage documentation. (She should have updated her "koseki," so that should be no problem.) Japan does allow "adjustment of status" in these circumstances, in other words.


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## Crawford (Jan 23, 2011)

Extremely risky taking into consideration that they are already married, thereby making their intent of staying in the US more likely.

Some people have got away with it by having a spontaneous marriage and then applying for adjustment of status, some with the same situation have not. Your case does not even have the 'spontaneous' element in it.

As said, if the official come to the conclusion you entered the US with the intent of staying, (thereby using the VWP program fraudulently) the non US spouse could be banned for a very long time.

She should return to Japan and apply for the spouse visa from there.

Has she already overstayed her VWP status?


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## jessicalees (Oct 12, 2014)

Thanks for your quick advice. The couple relocated from Japan to the US. They lived here for a few years, but want to move to America now. 
They were advised by legal council in Japan to go on a tourist visa ans change the status. 
But are also now running into problems meeting the financial requirements. With two kids, they are finding it difficult to meet the minimum. 
Having just gone through immigration to the UK (with the help of this forum!) I knew I could find some answers. I will pass on the info. 
Thanks.


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## jessicalees (Oct 12, 2014)

I think she received a letter that she needed to leave the US, but not sure. She went in the fall last year. I am going to forward all this information on the couple. 
Thanks again.


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## jessicalees (Oct 12, 2014)

I dont think she has overstayed yet.


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## Davis1 (Feb 20, 2009)

do not risk doing it improperly 

spousal visa CR1
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)

she should return home while he files for the spousal visa


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## Crawford (Jan 23, 2011)

jessicalees said:


> Thanks for your quick advice. The couple relocated from Japan to the US. They lived here for a few years, but want to move to America now.
> They were advised by legal council in Japan to go on a tourist visa ans change the status.
> But are also now running into problems meeting the financial requirements. With two kids, they are finding it difficult to meet the minimum.
> Having just gone through immigration to the UK (with the help of this forum!) I knew I could find some answers. I will pass on the info.
> Thanks.


If the husband is working (and presume he is if they are 'living' here) then he should not find the financial requirements too onerous. They are certainly a lot less than getting a spouse visa for the UK. 

However, just remembered that he would need to sponsor a household of 4 with two children.


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## Crawford (Jan 23, 2011)

jessicalees said:


> I dont think she has overstayed yet.


Must be getting very close if she entered the US last fall. 

A tourist only has three months of stay if on the VWP (and Japanese citizens can use the VWP)


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## BBCWatcher (Dec 28, 2012)

ESTA/Visa Waiver Program stay permission is a maximum of 90 days, to be clear.

Looking quickly at the requirements, for a household size of 4 the financial sponsor (the husband in this case) must demonstrate a minimum annual income of $30,313 (it would appear). That's 125% of the 2015 federal poverty line for that size household. If the household (husband and/or wife) has financial assets that can be made available to spend within one year without undue hardship, those assets can help reduce or eliminate the income minimum -- $5 in such assets for every $1 of income.


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## twostep (Apr 3, 2008)

jessicalees said:


> Thanks for your quick advice. The couple relocated from Japan to the US. They lived here for a few years, but want to move to America now.
> They were advised by legal council in Japan to go on a tourist visa ans change the status.
> But are also now running into problems meeting the financial requirements. With two kids, they are finding it difficult to meet the minimum.
> Having just gone through immigration to the UK (with the help of this forum!) I knew I could find some answers. I will pass on the info.
> Thanks.


Adjustment of Status is possible but as already pointed out extremely risky. Where does the spontaneous come into play after living together for years and having two kids. This legal council should do his/her research prior to advising.

Affidavit of Support - there is always the option of co-sponsors who do not have to be family members.


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