IR-1 - pending while together on B-1

[Alaskasport 0]

Is it possable to file for an IR-1 or CR-1 while spouse is waiting in USA on 6 month B-1 Visa and then return home to complete the paperwork or better yet file for extension to B-1 and complete the paperwork in USA.

[Ryan H 3,932]

Point 1:

Yes it is possible to file while your spouse is in the USA; spouse would have to depart when their authorized stay expires.

Point 2:

There is no filing for B-1 extension in order to complete immigration paperwork, instead the person would file for Adjustment of Status (concurrent filing of forms I-130 and I-485). This avenue is available if the person did not enter the US with intent to stay and adjust status.

[Alaskasport 0]

Thanks for the info, is it possable to travel back and fourth on the B-1 while I-130 and I-485 are processing?

[Alaskasport 0]

Is there a guide for filing I-130 and I-485 as well as a fee schedule. Could not find that.

Thanks

[Gary and Alla 3,696]

Is it possable to file for an IR-1 or CR-1 while spouse is waiting in USA on 6 month B-1 Visa and then return home to complete the paperwork or better yet file for extension to B-1 and complete the paperwork in USA.

Yes

She will have to leave if her permission to remian expires and will have to return to her home country for the interview and visa issuance when the time comes. As long as she has some other permission to remain in the US, she can.

[Gary and Alla 3,696]

Thanks for the info, is it possable to travel back and fourth on the B-1 while I-130 and I-485 are processing?

Maybe.

If the B1 allows for multiple entries, YES. The B1 may also have a specified limit of time allowed in the US per year, or this may be imposed at the POE

Bear in mind that a visa, any visa, even a CR-1 and even a green card is no guarantee of entry into the US. She could be denied at any time she tries to enter if they feel she may immigrate illegally.

While going back and forth on a B1 is technically possible, it is not something I would recommend. when traveling into the US on a B1 she has to be prepared to show evidence she will return to her country.