b1 to CR-1

[jeni4 0]

Hi, my husband was granted a one year multiple entry B1 visa after we were married, it expires in October. We had planned to apply for a CR-1 visa within the next few months but recently found out that I was pregnant. Here's where I need some advice! We want to have our baby in the US and not in Nicaragua. Can we go to the US and apply for an adjustment of status to a CR-1? What happens if we get to October, he's applied for a AOS and hasn't received it yet? Is applying for an AOS our best option or might other ideas work better?

[kzielu 1,149]

No, that will be pure visa fraud. B-1 is not for immigration.

[pushbrk 12,968]

Hi, my husband was granted a one year multiple entry B1 visa after we were married, it expires in October. We had planned to apply for a CR-1 visa within the next few months but recently found out that I was pregnant. Here's where I need some advice! We want to have our baby in the US and not in Nicaragua. Can we go to the US and apply for an adjustment of status to a CR-1? What happens if we get to October, he's applied for a AOS and hasn't received it yet? Is applying for an AOS our best option or might other ideas work better?

As the US Citizen, nothing prevents you from traveling to the USA, establishing residence and having your baby in the USA. If the two of you are IN the USA, and THEN decide to file a petition for spouse and application to adjust status, that also is fine. While the B1 visa is not for immigration, intent upon entry is not grounds to deny the status adjustment of the spouse of a US Citizen. Remember though, that in no case is the possession of a visa, any kind of guarantee of entry to the USA.

[jeni4 0]

As the US Citizen, nothing prevents you from traveling to the USA, establishing residence and having your baby in the USA. If the two of you are IN the USA, and THEN decide to file a petition for spouse and application to adjust status, that also is fine. While the B1 visa is not for immigration, intent upon entry is not grounds to deny the status adjustment of the spouse of a US Citizen. Remember though, that in no case is the possession of a visa, any kind of guarantee of entry to the USA.

Thank you! That was very helpful! What happens if we're in the US, he's applied for an AOS, but his b1 visa expires? Also, you said petition for spouse and application to adjust status, so would I still begin with the I-130, file for an AOS, and a CR-1 visa? and I can do all of this from the US while he's on a B1 visa?

[pushbrk 12,968]

Thank you! That was very helpful! What happens if we're in the US, he's applied for an AOS, but his b1 visa expires? Also, you said petition for spouse and application to adjust status, so would I still begin with the I-130, file for an AOS, and a CR-1 visa? and I can do all of this from the US while he's on a B1 visa?

If you choose to adjust his status from within the USA, the expiration of the visa does not matter, even if it expires before the adjustment is complete. However, he must stay in the USA until he has at least Advance Parole. If you are here and decide to adjust status, there would be no CR1 visa. He would simply adjust to CR1 "status" or IR1 status if you've been married two years by that time.

You would follow this Guide, http://www.visajourney.com/content/i130guide2 and post your questions in the Adjustment of Status forum, not a visa forum.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.