Which Option - i130 or i130/i485 concurrently?

[rjohns14 0]

I appreciate any help with this.

I've seen many posts asking about using b2 visas as a "foot in the door" (so to speak) to begin the immigration process - and I know that that would be visa fraud, and illegal. I'm asking for suggestions for what to do now, in the United States on a b2 visa, and we've decided not to leave. The facts are as follows:

1. I am a U.S. citizen, and my wife is a Turkish citizen. We have been married for a year and a half.

2. We were married in Istanbul in 2010, after which, we moved to Micronesia on a two-year contract for work.

3. My wife applied for, and was granted a b2 visa (after we applied for, and were granted a waiver of her two-year rule from a j1) in June 2011, for the purpose of visiting our extended family.

4. We visited family in Turkey and the U.S. for a few weeks in August-September of 2011 (vacation) with the intent of returning to Micronesia.

5. During the U.S. visit, a more lucrative job arose, and I decided to break the Micronesian contract and begin work here.

6. Meanwhile, my wife is still here with me on a b2 visa (still in status for another couple of months).

7. B2 status runs out in March.

We've already got the i-485/i-130 filled out, along with all the other required paperwork. I just want to get some other opinions as to what is the best route to take before I file anything. Here are the options I've considered:

1. File the i-485/i-130 concurrently, wife remains in U.S. during processing.

2. File i-130, wife visits Turkey so as not to overstay b2, then returns on b2 while i-130 is pending. (Would she be let back into the U.S. on her b2 if the i-130 was pending?)

3. File i-130, wife remains in U.S. while i-130 is pending. Not sure if this is allowed. I certainly hope so, because it's the cheapest.

4. Siktir et, I find a job a Turkey and say nuts to this immigration puzzle.

Any help at all will be much appreciated. Thanks!

[I AM NOT THAT GUY 5,715]

1. File the i-485/i-130 concurrently, wife remains in U.S. during processing.

[rjohns14 0]

1. File the i-485/i-130 concurrently, wife remains in U.S. during processing.

That's what I'm prepared to do, but all the talk I see about visa fraud has me spooked. How in the world are we supposed to prove that we didn't intend to stay? I would hate to get the adjustment denied and start all over.

[Little_My 464]

Agree. She is already here - it will be by far the fastest route to greencard. It will take around 4-6 months from start to finish, and she won't be able to leave the US until she has the advance parole travel document, which takes around 3 months from filing.

CR-1 is much cheaper, but will take longer (around 9 months I believe) and she would have to be in Turkey for most of that time. She could remain in the US until her current authorized stay under the B2 expires (so March), but she would have to leave and go back to Turkey after that. She might be able to visit the US while the CR-1 application is pending, but there is a risk she would be turned back at POE because of the pending immigrant application.

Edited January 14, 2012 by Little_My

[gildayjason 2]

Yes, option 1 is probably your best bet. She could also return to Turkey, but she'd have to wait for IR-1, and not come back on the B2 to stay (although I believe it'd be possible for her to *visit* on the B2, technically, at the discretion of the IO at POE). I don't think #3 is an option; you'd have to file concurrently.

If I were you, I'd go for #1. You're NOT committing visa fraud if your wife had no intent to stay in the U.S. when she entered, which you can explain (and hopefully document with your existing ties to Micronesia, etc). That'd make the process much simpler.

[Cino 5]

Choose Option 1, also don't worry about she is going to be out of status, it really doesn't matter. Because she is a spouse of an American Citizen. She can get the Conditional Green Card in 6-7 months (VSC), 3-4 months (CSC) after probably an interview.

I don't see any problem in your case, straightforward procedure.

Good Luck !.....