adjust to CR-1 while on Medical B-2?

[marends 0]

I will be marrying my Chinese fiancee soon in China. We will probably do a CR-1 spouse visa. However, she needs medical treatment for a current condition, and the medical facilities in China are inadequate for her. We will be married within the next month, and I can add her to my insurance as soon as we have the marriage certificate. I had the thought to bring her over on a Medical B-2. We have all of the documentation of her condition and a doctor already lined up in the U.S. who can treat her. Questions: Can a Medical B-2 be granted even though she has obvious immigrant intent? If she can come on the B-2 for medical treatment, can we file the CR-1 while she's here? The treatment would take up to one year. I'm aware that she would have to return to China for the interview. I would appreciate any insight. When I return to Beijing in a couple of weeks, I intend to go to the U.S. embassy to discuss the situation with them also.

[YuAndDan 153]

Yes you could file the I-130 for CR-1 after she is here for medical treatment.

Keep in mind it can be tricky to get a B-Visa out of China unless you can demonstrate that there is no intention to overstay and attempt to adjust status from the B-Visa. You should provide an I-134 to show how non-immigrant will be supported while in the USA.

Lastly, there is an very good site for dealing with immigrations issues out of China. A Candle for Love. http://candleforlove.com

A good post on CFL that gives great advice for getting visitors visa for relatives.

http://candleforlove.com/forums/index.php?showtopic=8469