Does it matter where we apply?

[expat2368 0]

My wife and I are living in Moldova. She has a B1-B2 multiple entry visa and we have been to the states 3 times. We got married 3 years ago when we were in the states. I now need to return to the states for a job and we need to move there. Her B1/B2 is good until late next year. Should we just go there and do an adjustment of status or start it here and return for the final interview? Seems like it is going to be quite some time before the final interview and I need to get to the states in November.

[Harpa Timsah 13,258]

You cannot use a B-2 visa to immigrate to the United States. That is fraud. The people who have adjusted from those visas usually have long overstays or a sudden change in circumstances. They were not planning to immigrate when they entered on that visa. And since you are... it won't work.

BUT... you are in a good position. If you are a resident of Moldova (I assume you are) you can file directly through your nearest consulate and shave months off the wait. You will file for a CR-1 visa (the K-3 is no longer available). You can move to the US and maybe be apart for only a few weeks... or she can visit in the meantime.

You definitely want to take advantage of filing through the nearest consulate... it is called in immigration jargon DCF (Direct Consular Filing). Good luck!!

[canadian_wife 1,785]

Correct, you cannot have your wife file AOS from in the US becuase obviously you have intent to adjust status, making her using a tourist visa to immigrate visa fraud, this had devestating effects like a possible lifetime ban from the US

DCF is your fastest route, read the guides

Good luck

[Stanley Hermosill 1]

The previous two replies basically hit the nail on the head. You're going to want to go with direct consular filing. With regard to the visa issue, DO NOT violate the usage/intent terms of this visa. USCIS views this as breaking your promise to them, and the frown upon that, to say the least.

[Darnell 8,478]

sorry, none of these questions are K-3 visa topics -

*** moving to DCF forum ***

[Kathryn41 3,205]

Two posts asking and answering similar information but with totally different backgrounds have been split from this thread to make their own topic in the IR-1/CR-1 forum. Here is the link: http://www.visajourney.com/forums/topic/281569-how-to-get-pakistani-spouse-to-the-us/

It is not a good idea to start a whole new discussion on someone else's thread as the information for both situations can become mixed up and confused.