Filing AOS whilst non-US spouse is in home country?

[grrrrreat 109]

Yeah, I'm thinking it's probably prudent to leave it and just have my partner visit here in England periodically, which is tough as she works full time and has a daughter. If we do this, it'll be August (my birthday) when I next see her and we haven't been together since she was here in January, and I'm already concerned at how flakey this looks. I'm already expecting a royal grilling over getting married a few months after being asked to remove my request to enter USA at POE last August, I figure it'll throw up another red flag if I try to concurrently apply for a B1/B2 whilst filing CR1. Any advice?

Thanks for your continued help guys, much appreciated!

Another thing, my VISA wasn't the problem, it was a 10 year B1/B2, it was the INS officer asking me to remove my request to enter the country as he felt I had been spending too long in the country as a tourist. There's a good chance if I got another B1/B2, I'd just get refused entry again at POE, I guess?

Yes, it can be hard to apply for a B2 visa while a I-130 application is pending. It's even harder in your case because you previously raised suspicions about intent to immigrate and had your B2 cancelled,. Even if you do get another B2 visa by convincing a consular official, you can still be denied entry by CBP at the border. It's your choice whether to risk it or not. It might depend on if you can do a good job of convincing them you'll stay at home until the CR-1 comes through--ties to home country and commitments to be there and such. No one can tell you what the result will be.

[worriedsoul 1]

Yes, it can be hard to apply for a B2 visa while a I-130 application is pending. It's even harder in your case because you previously raised suspicions about intent to immigrate and had your B2 cancelled,. Even if you do get another B2 visa by convincing a consular official, you can still be denied entry by CBP at the border. It's your choice whether to risk it or not. It might depend on if you can do a good job of convincing them you'll stay at home until the CR-1 comes through--ties to home country and commitments to be there and such. No one can tell you what the result will be.

thank you for the response. I think it's better that I just wait it out here in England then. As you say, I can get another b1/b2 and still get refused at POE, it's just not worth the risk.