Planning to be in US with B2 when PD is current

[fresia 1]

My PD is 21.7.2011, I130 approved, I am in F2A category, I have visa B1

It seems that my PD can be current in second half of 2013.

I am planning to go to USA in May 2013 on my tourist visa and I hopethez will allow me to stay 6 months.

If I get in USA on May, in next six months my PD will be current.

Can I finish my immigration process there if so and what is the procedure!

Thanks

[Hypnos 6,576]

Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud.

[fresia 1]

Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud.

Any other thoughts?!

[VanessaTony 3,567]

Any other thoughts?!

The other poster is right. You cannot enter the US with intent to "finish the process there" because that is immigration fraud. You know your date is about to be current so you would probably have issues trying to finish in the US anyway because they would know that you knew this when you entered.

Remain in your country to process it.

Edited December 24, 2012 by Vanessa&Tony

[fresia 1]

The other poster is right. You cannot enter the US with intent to "finish the process there" because that is immigration fraud. You know your date is about to be current so you would probably have issues trying to finish in the US anyway because they would know that you knew this when you entered.

Remain in your country to process it.

I will be entering for tourist purposes, without any other intention but to visit my family. I have valid visa and I want to visit my family.

I am just asking if it happens that pd becomes current while I am there, is it possible to adjust status there.

I was already in USA for period of 6 months on my tourist visa so it is not something odd.

Thanks.

[Asia 2,491]

I will be entering for tourist purposes, without any other intention but to visit my family. I have valid visa and I want to visit my family.

I am just asking if it happens that pd becomes current while I am there, is it possible to adjust status there.

I was already in USA for period of 6 months on my tourist visa so it is not something odd.

Thanks.

Do you need any legal papers (aka birth certificate, some police reports, I don't know...) to finish this process?

Will you take them with you (in case your PD becomes current while you're in the US)?

If so, you won't be entering for the tourist purposes only.

I think you can't adjust inside of the US, since your application/visa is proceeded overseas. But I'm sure somebody will correct me if I'm wrong.

[fresia 1]

Do you need any legal papers (aka birth certificate, some police reports, I don't know...) to finish this process?

Will you take them with you (in case your PD becomes current while you're in the US)?

If so, you won't be entering for the tourist purposes only.

I think you can't adjust inside of the US, since your application/visa is proceeded overseas. But I'm sure somebody will correct me if I'm wrong.

I will not take any documents with me. It just a question "what if" because there is a chance that i might be there when my pd becomes current. there is no fraud, it can happen....

Thanks

[VanessaTony 3,567]

I will not take any documents with me. It just a question "what if" because there is a chance that i might be there when my pd becomes current. there is no fraud, it can happen....

Thanks

You have already expressed interest in AOSing if your PD becomes current while you're in the US. You've already stated you think it will become current when you get there. You're making PLANS to do it if the situation works out that way. I would still classify that as intent i.e. intent to immigrate if the situation rises (like saying IF I get offered a job I'm going to stay and in the meantime looking for work. You know the chance is there.)

If you want to try it, go ahead, it's not my life or status.