Change of plans. What are my options? (I-130 + Adjustment of Status)

[Fiddlybitz 0]

Hello everybody.

I filed an I-130 for my wife back in January. It was very recently approved and forwarded to the NVC. Our original plan was to apply for an IR-1 visa. However, she will be leaving her job soon and wants to come be with me as soon as possible.

Here's the situation. She has a multiple entry tourist visa that expires in December of 2013. What are our options at this point? I realize we can just continue on the IR-1 route, but if she were to come to the states before her interview, she would have to fly back to China for the interview, wait for her visa, then fly back. We're hoping to avoid a lot of unnecessary travel and expenses if at all possible.

So what are the different routes we could go, and what are the pros and cons of each? Is it even possible to apply for adjustment of status if she is here on a tourist visa? Is it too late to apply for adjustment of status after the I-130 has been processed and forwarded to the NVC?

Thanks for any advice you all can give.

[speedwell 224]

You have already filed for an I-130, which is evidence that your wife intends to file for an immigrant visa. If she comes to the US on a tourist visa and files for adjustment of status, she will be denied on the grounds that she had preconceived intent to stay, and will possibly incur a ban for fraud. Adjustment of status is only for those without intent to stay, who wind up staying because their circumstances have changed.

Edited May 7, 2013 by speedwell

[Fiddlybitz 0]

So it sounds then as though we don't really have any choice but to continue through the IR-1 process to the end. If that's the case, is there any legal issue with her using her pre-existing tourist visa to come to the States temporarily while we wait for her interview date? Would doing so possibly jeopardize the immigration process?

[speedwell 224]

So it sounds then as though we don't really have any choice but to continue through the IR-1 process to the end. If that's the case, is there any legal issue with her using her pre-existing tourist visa to come to the States temporarily while we wait for her interview date? Would doing so possibly jeopardize the immigration process?

Nothing in the law says she can't visit on her tourist visa. She must abide by the terms of the visa. She must tell the truth (but not volunteer information) at the port of entry. A return ticket and other evidence that she intends to return are essential to bring along... a letter of absence from work, property in the home country, family in the home country, that sort of thing. My husband visited me for a long break while our I-130 was processing. There is a slight risk that the official won't allow it, but this is not common. I'm sure it will be fine. Keep the length of the visit moderate. It's a great time to do stuff like putting her on your apartment lease and utilities, starting a bank account, and putting together more evidence to submit at your interview.

Edited May 7, 2013 by speedwell

[Fiddlybitz 0]

Nothing in the law says she can't visit on her tourist visa. She must abide by the terms of the visa. She must tell the truth (but not volunteer information) at the port of entry. A return ticket and other evidence that she intends to return are essential to bring along... a letter of absence from work, property in the home country, family in the home country, that sort of thing. My husband visited me for a long break while our I-130 was processing. There is a slight risk that the official won't allow it, but this is not common. I'm sure it will be fine. Keep the length of the visit moderate. It's a great time to do stuff like putting her on your apartment lease and utilities, starting a bank account, and putting together more evidence to submit at your interview.

Thanks for the advice and the vote of confidence. I think this is what we'll do. Cheers.