Adjustment of Status Question

[BobWiley74 0]

I am a US born citizen. My wife, currently renewing her conditional resident card, will become a naturalized citizen in one year. Her mother, is a Ukrainian citizen. Is there any legal way for her mother to file an I 485 while here on a tourist visa?

[Boiler 43,433]

Your wife needs to be a US Citizen to sponsor her mother.

[Anitafeliz 1,133]

No.

[mallafri76 1,012]

It's illegal to enter the US on a non-immigrant visa, such as a tourist visa, with the intent to stay here and adjust status....

[LunaSol 13]

It's illegal to enter the US on a non-immigrant visa, such as a tourist visa, with the intent to stay here and adjust status....

1. Based on an immigrant petition

   You may apply to adjust your status if:

   1. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

   2. You are filing this application with a completed relative petition, special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.

I may be wrong, just a little confused because there is another topic where a spouse was asking questions about filing concurrently for his wife I130 and I 485 and she came into the country on a B1/B2 visa and no one mentioned it being illegal. The USCIS website also says that you can file a petition once the individual is in the United States. Why give two options if one is illegal?

[Anitafeliz 1,133]

• Based on an immigrant petition

  You may apply to adjust your status if:

• An immigrant visa number is immediately available to you based on an approved immigrant petition; or

• You are filing this application with a completed relative petition, special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.

I may be wrong, just a little confused because there is another topic where a spouse was asking questions about filing concurrently for his wife I130 and I 485 and she came into the country on a B1/B2 visa and no one mentioned it being illegal. The USCIS website also says that you can file a petition once the individual is in the United States. Why give two options if one is illegal?

You are comparing apples to oranges.

[LunaSol 13]

You are comparing apples to oranges.

I did mention that i was somewhat unclear, can you please clarify?

[Anitafeliz 1,133]

The mom doesnt have a petition to adjust from.

The daugther is not a USC

Is there another way a person on a tourist visa can adjust?

Not to mention its illegal to enter with intent to adjust.

[BobWiley74 0]

I aplogize if I was not clear enough in my original question. The filing of the I 485 (AOS) for my wife's mother would not occur until my wife (currently a conditional resident) becomes a US citizen through naturalization.

[Anitafeliz 1,133]

I aplogize if I was not clear enough in my original question. The filing of the I 485 (AOS) for my wife's mother would not occur until my wife (currently a conditional resident) becomes a US citizen through naturalization.

Your wife needs to follow the correct procedure when she (wife) is a USC file a petition for mom wait for approval.

Mom cannot AOS from a tourist visa. That's illegal.

Edited November 27, 2016 by Anitafeliz

[Boiler 43,433]

I aplogize if I was not clear enough in my original question. The filing of the I 485 (AOS) for my wife's mother would not occur until my wife (currently a conditional resident) becomes a US citizen through naturalization.

The question was clear, hopefully the answers have been as well.

[Ketsuban 1,034]

I did mention that i was somewhat unclear, can you please clarify?

The difference was probably intent.

If someone comes in on a tourist visa with the intent of going home after, but while in the US circumstances change or their mind just changes, they can file for adjustment of status (if they have a basis to, of course).

If someone comes in on a tourist visa and tells CBP they're here for a visit when really their intent is to come in and adjust status, that is illegal.

[KierenHby 897]

I aplogize if I was not clear enough in my original question. The filing of the I 485 (AOS) for my wife's mother would not occur until my wife (currently a conditional resident) becomes a US citizen through naturalization.

Your wife becomes a USC, then petitions her mother to be a permanent resident and attends an interview in her home country. MIL cannot enter the US on a tourist visa with the preconceived intent to adjust status.

Intent has been established the moment this thread started. Would be fraudulent now for her to enter on a B2 and file i485.

[TBoneTX 43,058]

An unrelated post has been split from this thread and has been given the topic title "Red Flag If We Apply for Dad's AOS Now? [split topic]."

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