Can I start the I-130 process while having a B2 visa?

[janpolad 0]

Good day everyone!

I have received a B2 visa for visiting USA in March 2013. My son is a USC and he can begin a I-130 petition process right now, while I'm in my home country. The question is - if he does begin to petition me, will it take to having my B2 revoked before I enter the US?

And the second question - if it does not hurt my B2 visa, and I enter USA in March 2013, will there be any problems with my I-130 petition if I am in the USA at the time, when I should receive my Green Card?

I guess there are two ways of how I-130 process can go - Consular processing (the person stays in his home country) and Adjustment of Status (the person is in the USA). But in my case it's tricky - I'm planning to enter USA after my I-130 petition has already been filed a couple of months ago.

So the timing is the following:

October 2012 - Received a B2 tourist visa

November 2012 - My son files an I-130 petition for me

March 2013 - I enter USA on B2 visa

April or May 2013 - I receive my Green Card

Please, advise if it's possible. Thank you!

[kzielu 1,144]

You are missing a bit - you don't just "receive" green card. You need to do medical tests and show up in the embassy for an interview. You either do that in your home country or adjust status in US based on approved I-130 - which in your case will be fraud (using B-2 visa for immigration)>

[aaron2020 11,651]

Good day everyone!

I have received a B2 visa for visiting USA in March 2013. My son is a USC and he can begin a I-130 petition process right now, while I'm in my home country. The question is - if he does begin to petition me, will it take to having my B2 revoked before I enter the US?

And the second question - if it does not hurt my B2 visa, and I enter USA in March 2013, will there be any problems with my I-130 petition if I am in the USA at the time, when I should receive my Green Card?

I guess there are two ways of how I-130 process can go - Consular processing (the person stays in his home country) and Adjustment of Status (the person is in the USA). But in my case it's tricky - I'm planning to enter USA after my I-130 petition has already been filed a couple of months ago.

So the timing is the following:

October 2012 - Received a B2 tourist visa

November 2012 - My son files an I-130 petition for me

March 2013 - I enter USA on B2 visa

April or May 2013 - I receive my Green Card

Please, advise if it's possible. Thank you!

You cannot use your B-2 to enter the US with the intent to adjust. That is visa fraud. It is illegal.

You will not receive a green card in April or May 2013. You need to have a medical and interview in your country.

You need to return home after your trip or forget about it and wait for your immigration visa.

Edited October 22, 2012 by aaron2020