B2 Visa Adjustment of Status

[mattox1231 0]

Hi,

I'm a US citizen, my wife is a Chinese citizen, and we were married in Oct. 2012 in the US in a small court. She was in the US on an H1B, and after we married, instead of applying for her green card, we decided to move to Shanghai so I could get a free Master's degree. we were planning on staying in China for 3 years, and start applying for her green card 1 year before returning....

We came to the US 2 weeks ago for a wedding ceremony to include all the family, but during our stay we found out we are pregnant. I really don't think I can support a family while I'm attending school so I'm curious if I am allowed to sponsor my wife for a green card directly from her b2 visa? Is there risks involved with this, as I've read numerous times that I have to do this through a US consulate.... but I feel that since we didn't have intent to immigrate (at least not this early) that we aren't breaking any rules.

Thanks in advance for your expertise

-Chris

Edited June 17, 2013 by mattox1231

[Penguin_ie 5,986]

**** Moving from Tourist Visa to AOS from Tourist visa forum ****

Sounds like you have a good case, especially if you can show you didn;t know about the pregnancy until after you arrived.

[mattox1231 0]

Thanks penguin_ie,

I was hoping for a positive response, but I'm still a little weary to try this process. What are the consequences if she is denied this adjustment of status, because this isn't really the correct way to go about getting the green card, right?

I'm just hoping to be able to keep the family together, I don't want her to have to go back to china to give birth while I get a job here to support the family.

[Penguin_ie 5,986]

If she gets denied, she would be told to leave, and usually have 30 days to do so. You could then file for spousal visa, which takes about a year to get, and of course the denied AOS will cause some issues. However, the AOS process can take a long time and it is very possible that even if she does get denied, it would be after the child is born.

All that being said, the ability to AOS from a tourist visa is a valid option in some limited type of situations, A big change of circumstances, like happened with your wife's pregnancy, is one of them.

[mattox1231 0]

Hmmm,

I hate anything that involves risks.... but I also hate the thought of doing consular processing, because she will have to live apart for a year, and I'll miss my babies birth. Well I do appreciate that you can shed some light to our situation, I at least know it's possible, but I still haven't decided how to handle the situation yet.

Thanks!
-Chris

[Harpa Timsah 13,258]

You don't have anything to worry about. Intent to immigrate (which you did not have anyway) is not enough of a negative reason to deny an AOS case.

[Boiler 43,563]

You don't have anything to worry about. Intent to immigrate (which you did not have anyway) is not enough of a negative reason to deny an AOS case.

Exactly