Can Spouse Move to US and file Adjusement of Status.

[James957 0]

Dear list members,

I think my question is a complicated one and I can't find an answer on the forums. I will try to give an overview and then if someone can point us in the appropriate direction, or areas to read on the forum, we'd appreciate it.

My wife's I-130 was approved on May 24, 2010 and she is waiting for an interview (in Santo Domingo, Dominican Republic). We do not know if this interview will take place in August (it won't in July). She wants to move up here with her 9 your old son by the end of August so he can start school here. She wants to file for an Adjustment of Status while up here. Is this even possible? She and her son have Norwegian passports, which might help.

This is my general question. I could be more specific, but I want to at least find the appropriate area in the forums to start looking and as I said, any comments are appreciated.

Jim957

[canadian_wife 1,831]

No.

To enter the US as a tourist (which she would have to do if the interview is not scheduled in her time frame) with the intentions of adjusting status is visa fraud and with an approved I-130 it will be extremly difficult to prove she did not have immigrant intent when she entered as a tourist. This can result in a lifetime ban from the US. Their citizenship does not matter.

You are so close to the end, stick it out and wait for the interview.

Good luck

[TracyTN 237]

How would they get in the US - on a tourist visa? To enter the US as a tourist with the intent to stay and adjust status is immigration fraud. I suggest you wait out the visa interview appointment and have them enter free and clear.

Surely starting school a little bit late is not going to be to the child's detriment - happens all the time.

Also I'm moving this thread out of the K1 process forum as it is not a K1 issue.

[Tupuna 0]

I think also the fee for this AOS is very high, about $1000 or more.Cost for AOS

If it were me, and the I-130 had already been approved, and I was only waiting on the interview (medical done and all) I would definitely wait and NOT enter the US and try to adjust my status.

As everyone else will tell you, wait an extra month or two for the interview in Santa Domingo. You will be happy you did.

[Nik+Heather 122]

Jim, Now that your petition is approved, you'll have to go through some more processing. Very soon the ball will be back in your court on this immigration journey you are taking. If you are interested in speed towards the end of the process, the very best thing you can do is to educate yourself about the next steps of the process in order to most speedily go through the remaining steps towards visa issuance and moving to the US.

If you don't take the time now to get prepared, you could be responsible for many delays.

Have you checked out the guide for the IR-1/CR-1 visa? You can read up about it here. I think (not as familiar with this process) that you are getting into the NVC phase, and soon you'll be needing to submit more forms and documentation, which you could start filling out and gathering now.

CR-1/IR-1 guide (scroll down past the petition phase, as you have successfully passed that)

http://www.visajourn...tent/i130guide1

NVC (National Visa Center) flowchart (the next steps I referred to above):

http://www.visajourn...wchart_v1-2.pdf

If you are curious about the possible timing, you can check out the historical processing times for IR-1 visas in the DR here:

http://www.visajourn...ine/irstats.php

It looks to me that the DR on average takes a bit over 6 months to get to interview on immigrant visas like the one for which you have petitioned for your wife to be able to apply. Remember that this is an average number, and if you are diligent and on the ball, you can make it so that you minimize that processing time by responding speedily and correctly to any requests from NVC/consulate. I wish you all the best, but I think it would be better to adjust expectations and hope for their arrival around Christmas rather than August to avoid disappointment.

Edited June 18, 2010 by Nik+Heather

[HappyKnappy 30]

How would they get in the US - on a tourist visa? To enter the US as a tourist with the intent to stay and adjust status is immigration fraud. I suggest you wait out the visa interview appointment and have them enter free and clear.

Surely starting school a little bit late is not going to be to the child's detriment - happens all the time.

Also I'm moving this thread out of the K1 process forum as it is not a K1 issue.

Tracy, I think you need to be clearer with your first statement. You can enter on a tourist visa IF you did not get it with the intent of adjusting status, or to find a spouse to get you to stay, basically. In this case it is clear that it is not applicable, because the spouse would be getting the tourist visa just to move there. It would be different if she had the tourist visa prior to marriage.

Otherwise, concurrent filing of I-130 and AOS would not be an option, I think.

Edited June 18, 2010 by HappyKnappy

[canadian_wife 1,831]

HappyKnappy - the date of the issuance of the tourist visa is irrelevant. It is her intent when ENTERING the US that is important. If she uses her previously issued tourist visa to enter the US but has the intention of adjusting status - that is the illegal part.

[HappyKnappy 30]

HappyKnappy - the date of the issuance of the tourist visa is irrelevant. It is her intent when ENTERING the US that is important. If she uses her previously issued tourist visa to enter the US but has the intention of adjusting status - that is the illegal part.

Hmmmm so now my question is, how can one adjust status from a tourist visa without incurring in visa fraud? For example like me, who used to live in a border town?

[canadian_wife 1,831]

If you read previous posts, it's about intent. If you INTEND to use a tourist visa to adjust status, then it's illegal. Very simple. Tourist visas are for tourists, not for immigrating. In the OP's case, the intent is clear with an approved I-130

However, if, while entering the US in good faith as a tourist, one marries without any previous plans to do so, one may adjust status. Doing anything else may result in a lifetime ban from the US.

Edited June 18, 2010 by canadian_wife

[Darnell 8,479]

My wife's I-130 was approved on May 24, 2010

and what did you do for NVC processing ? (Sorry, I reviewed yer timeline over at http://www.visajourney.com/timeline/profile.php?id=81987 , felt very stumped on how to answer you )

if no clue, please review

DS-230 - http://travel.state.gov/visa/immigrants/info/info_3190.html

I-864 - http://travel.state.gov/visa/immigrants/info/info_3730.html

General NVC stuff - http://travel.state.gov/visa/immigrants/info/info_1335.html

and a mini-how-to when using the online payment portal during NVC processing

http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467

For the nonce, please let us know what you've done, or not done, to handle (so far) any processing for NVC?

She wants to move up here with her 9 your old son by the end of August did you file a 2nd I-130 for this 9 year human ? or no? if no - let me know - I'll outline the I-130 expedite process for a child when parent's petition approved

She wants to file for an Adjustment of Status while up here. Is this even possible? She and her son have Norwegian passports, which might help. Usually, no, is not possible to go through AOS based on her current situation and intended intake from tourist visa whilst in USA.

Norwegian Passports? WOW . She and the boy can come in on the VWP, but will be huge issue if attempting AOS in the USA after entry on the VWP, as it fits the definition of 'intent to perpetrate immigration fraud'. I suppose another way to go, would be for both of them to come in on the VWP, then return to D.R. for the medical exam and interview day, then turn around to the USA on the CR-1/CR-2 visas, without doing any AOS in the USA. If THAT would 'put the boy in school' for September, with a 1 to 2 week 'hiatus' because of immigration concerns/scheduling, then you might want to pursue that route, as not only is it LEGAL, but is easier to do.

Good Luck !

Edited June 18, 2010 by Darnell

[HappyKnappy 30]

If you read previous posts, it's about intent. If you INTEND to use a tourist visa to adjust status, then it's illegal. Very simple. Tourist visas are for tourists, not for immigrating. In the OP's case, the intent is clear with an approved I-130

However, if, while entering the US in good faith as a tourist, one marries without any previous plans to do so, one may adjust status. Doing anything else may result in a lifetime ban from the US.

Confused with this one... Here it is, I got married in March 15 in San Diego and my wife would file the petition. However, when I came to see her in May, we decided to stay together. Now I am worried sick, because I have no intentions of committing fraud.

[Nik+Heather 122]

Confused with this one... Here it is, I got married in March 15 in San Diego and my wife would file the petition. However, when I came to see her in May, we decided to stay together. Now I am worried sick, because I have no intentions of committing fraud.

Wouldn't your questions be better addressed in their own thread rather than mixing them up with the advice given here to the OP?

[Darnell 8,479]

Confused with this one... Here it is, I got married in March 15 in San Diego and my wife would file the petition. However, when I came to see her in May, we decided to stay together. Now I am worried sick, because I have no intentions of committing fraud.

Prolly a good thing, is right time, ya? to study up on 'intent'. Good Luck !

FWIW - we decided to stay together = intent on many fronts, but you might have small loophole as to WHEN the intent was solidified (prior to crossing the border, or after crossing the border).

This is a huge topic, and best served, IMO, in either a new topic of yer own (where others with backgrounds in this will see it) or tack on to similar topic in a non-CR-1 forum.

[tokyo.lovers 6]

some people enter on tourist visas and then apply for the I-130 and get approved.

BUT there is ALWAYS a chance you will be denied because it is fraud.

but if you already started the process it is too big a risk to come before the interview. just wait it out. the kid can go to school once they arrive. schools are lenient.

[katie & sifa 25]

Confused with this one... Here it is, I got married in March 15 in San Diego and my wife would file the petition. However, when I came to see her in May, we decided to stay together. Now I am worried sick, because I have no intentions of committing fraud.

Moving to the US on a non-immigrant (and not a K-1 or K-3) and less than a month later having everything ready to mail in for AOS probably will raise some eyebrows...

At any rate, agreed that you probably should start your own thread.

OP: Best just to wait it out with the CR-1 as others have said. There were many times growing up that I started a new school a few months into the school year...it's not such a terrible thing.