Possible to AOS for wife when she is visiting.

[saladboye 166]

I'm currently a LPR for 7 years. 

 

Timeline:

1. N-400 filed for me on July 2017, Local CIS is Dallas (via a lawyer)
2. Got married in Dec 2017.
3. Filed for wife's I-130 in June 2018
4. Wife filed for B2 to visit me in July 2018. Consular interview in August 2018

 

 

Status:

1. my N-400 waiting in line for interview since August 2017
2. Wife's I-130 under review or Pending (not yet approved)

 

I understand that the likelihood of getting B2 with pending I-130 is a hit or miss but she has mandatory PTO that she needs to take this year and figured we try our luck to have her visit me.

 

Now based on other's experience for Dallas for N400, it seems that FO has picked up pace and PD as latest as April / May are getting interview notices this month.

As a result I suspect, by the time she arrives and visit me in October for 3 weeks I'll likely be naturalized.

 

We are really hoping her B2 gets approved and she gets stamped for 6 month validity at the POE by CBP officer. But as a safe measure she is also applying for Canada Visa so I can visit her for 3 weeks and be close to Dallas incase I have to fly back for interview.

 

My questions/queries:

1. Has anyone encountered such scenario? If yes how did it go for you?
2. Say she is here with 6 months stay permit
   1. How do I go about filing for AOS and/or upgrade petition from F2A to IR1?
      I assume to send a letter to UCSIS with Naturalization Copy, I-864, and I-485,
      anything else? like medical etc?
   2. Are there any extra risk or scrutiny for such situations?
3. What are the chances of her getting B2 approved?
   1. She is providing letter from place of employment that she is expected to return in 3 weeks
   2. She has 3 reasons to visit me, to be with me, our anniversary coming up and so is my B'day.

 

 

 

 

[Crazy Cat 39,227]

Your wife can not enter the US via a B2 with the intent to stay and adjust status.  The Terms of Service for this web site prohibit discussion of such...

[Crazy Cat 39,227]

Here is an article which might help you in your research.  https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

[KazuriSana 324]

Just chill, get naturalized, and then update your application for your wife to petitioning as a USC, which will move it faster than petitioning as an LPR.

 

You can visit her in her country. The N400 interviews are usually on a couple weeks' notice. Unlikely to get a letter today for an interview next week. In any case, if you have to dash back from Canada, the fee for changing the ticket is likely to be the same for international flights -- in the neighborhood of $300.

[SusieQQQ 11,584]

The precise circumstances and “possibility” you outline are probably why there is a very small chance of her being granted a b visa...

[Cyberfx1024 7,978]

26 minutes ago, saladboye said:

I'm currently a LPR for 7 years. 

 

Timeline:

1. N-400 filed for me on July 2017, Local CIS is Dallas (via a lawyer)
2. Got married in Dec 2017.
3. Filed for wife's I-130 in June 2018
4. Wife filed for B2 to visit me in July 2018. Consular interview in August 2018

 

 

Status:

1. my N-400 waiting in line for interview since August 2017
2. Wife's I-130 under review or Pending (not yet approved)

 

I understand that the likelihood of getting B2 with pending I-130 is a hit or miss but she has mandatory PTO that she needs to take this year and figured we try our luck to have her visit me.

 

Now based on other's experience for Dallas for N400, it seems that FO has picked up pace and PD as latest as April / May are getting interview notices this month.

As a result I suspect, by the time she arrives and visit me in October for 3 weeks I'll likely be naturalized.

 

We are really hoping her B2 gets approved and she gets stamped for 6 month validity at the POE by CBP officer. But as a safe measure she is also applying for Canada Visa so I can visit her for 3 weeks and be close to Dallas incase I have to fly back for interview.

 

My questions/queries:

1. Has anyone encountered such scenario? If yes how did it go for you?
2. Say she is here with 6 months stay permit
   1. How do I go about filing for AOS and/or upgrade petition from F2A to IR1?
      I assume to send a letter to UCSIS with Naturalization Copy, I-864, and I-485,
      anything else? like medical etc?
   2. Are there any extra risk or scrutiny for such situations?
3. What are the chances of her getting B2 approved?
   1. She is providing letter from place of employment that she is expected to return in 3 weeks
   2. She has 3 reasons to visit me, to be with me, our anniversary coming up and so is my B'day.

 

 

 

 

Your wife can not come on a tourist visa just to adjust status because that is immigration fraud.

[saladboye 166]

24 minutes ago, missileman said:

Here is an article which might help you in your research.  https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

Thanks much appreciate this!

 

21 minutes ago, BlessedAssurance said:

Just chill, get naturalized, and then update your application for your wife to petitioning as a USC, which will move it faster than petitioning as an LPR.

 

You can visit her in her country. The N400 interviews are usually on a couple weeks' notice. Unlikely to get a letter today for an interview next week. In any case, if you have to dash back from Canada, the fee for changing the ticket is likely to be the same for international flights -- in the neighborhood of $300.

It is a 24 hour flight one way (hence the Canada visa too at same time, we are meeting no matter what, if it was F2A only we already were on same page to meet atleast once a year), Also I rather not visit her (weather is awful in India, I'll have to share a living space, stupid family obligation pops up and takes time away from us and also I'm out of PTO since I took 8 weeks for marriage). It should not happen that I get the letter 3 weeks before my intended trip and the interview is during the trip this is what most of my worry is. She has to take this vacation and has been approved or else she looses it (again why Canada visa so incase the interview is during the travel, I can fly back for interview quickly). OR Worse I have my naturalization ceremony during the trip and I loose 2 more days to get immediate passport and visa to enter India again.

 

21 minutes ago, SusieQQQ said:

The precise circumstances and “possibility” you outline are probably why there is a very small chance of her being granted a b visa...

Yeah hence the post. 

 

21 minutes ago, Cyberfx1024 said:

Your wife can not come on a tourist visa just to adjust status because that is immigration fraud.

She is coming for tourist intent only. We already mentioned this in the application that she has an I-130 in process that is not yet approved (F2A). She even has an ITIN number for taxes I did last year. 

 

But if the Visa is valid for 6 months and I happen to be naturalized during her 3 week vacation, she prefers not to go back as we have been apart for more than 2 years now at this point (we are together since 2016, known each other since 2010). If one of those condition is not met, she is flying back home.

 

 

No where I have intend to commit fraud but if the ideal dream situation does happens, I want to be prepared ahead of time rather than rush it. I'm just exploring possibilities. Worst she stays back 6 months (or max duration of stay validity if B2 gets approved) till her consular appointment for immigration and flies back and comes again. 

Edited July 16, 2018 by saladboye

[Boiler 43,434]

Local Consulate is well aware of local practices. I doubt the rest of this will be an issue.

[saladboye 166]

1 minute ago, Boiler said:

Local Consulate is well aware of local practices. I doubt the rest of this will be an issue.

Oh yeah, but we trying our luck, worst we are out of $100 and only meet for 3 weeks in Canada

[geowrian 22,335]

24 minutes ago, saladboye said:

But if the Visa is valid for 6 months and I happen to be naturalized during her 3 week vacation, she prefers not to go back as we have been apart for more than 2 years now at this point (we are together since 2016, known each other since 2010). If one of those condition is not met, she is flying back home.

Her preference is not (legally) actionable. The requirement is that she must obtain the visa and enter without immigrant intent. Your naturalization doesn't alter that.

[Crazy Cat 39,227]

8 hours ago, saladboye said:

But if the Visa is valid for 6 months and I happen to be naturalized during her 3 week vacation, she prefers not to go back as we have been apart for more than 2 years now at this point (we are together since 2016, known each other since 2010). If one of those condition is not met, she is flying back home.

You don't get it.  Without a valid immigration visa, she cannot enter the US and live.  You have already established intent for immigration...and if she mentioned that she has a pending I-130 during her tourist visa process, it's a extremely unlikely she will be entering  via that route.  Enjoy your visit in Canada.....

[Penguin_ie 5,986]

***** As OP has been given the correct, legal answer- that his plan is immigration fraud, which is not supported by VJ- this thread is now closed. *****