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Filed: Timeline
Posted (edited)

Hi my wife is a USC my I-130 has been accepted and I am hoping it will be approved soon.

We currently live in Mexico. I was hoping on moving with my b1/b2 tourist visa, as soon as my i-130 is approved and wait there for the interview at ciudad juarez? I have always entered the US legally I dont have any overstays and have never been deported or been in trouble with the law.

Is it a good Idea to move or should I wait untill after the interview? Could I be denied at the interview?

Thanks

Edited by rmauser
Posted

Your approved I-130 gives you no benefit at all.

You can continue to visit the US while the process is ongoing as a visitor, but you must obey the rules of your visitor visa. It's totally unrelated to your immigration case.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Country: Vietnam (no flag)
Timeline
Posted

Hi my wife is a USC my I-130 has been accepted and I am hoping it will be approved soon.

We currently live in Mexico. I was hoping on moving with my b1/b2 tourist visa, as soon as my i-130 is approved and wait there for the interview at ciudad juarez? I have always entered the US legally I dont have any overstays and have never been deported or been in trouble with the law.

Is it a good Idea to move or should I wait untill after the interview? Could I be denied at the interview?

Thanks

Approval of the I-130 is only the first step. Approval alone does not give you any rights to "move" to the US.

If you try to cross the border with your belongs, you will be refused entry.

With an approved I-130 and a valid B-2 visa, you can visit the US but you can't move here.

You need an immigration visa to move to the US.

Filed: Timeline
Posted

Approval of the I-130 is only the first step. Approval alone does not give you any rights to "move" to the US.

If you try to cross the border with your belongs, you will be refused entry.

With an approved I-130 and a valid B-2 visa, you can visit the US but you can't move here.

You need an immigration visa to move to the US.

Is it likely that my visa could get denied at the interview in ciudad juarez?

Filed: Timeline
Posted

No way to know. If the US Consilate believes you illegally moved to the US, your visa could be revoked.

I think I phrased my question incorrectly.

What I want to know, is. If my i-130 gets approved can I go to the US on my tourist visa and request a AOS from b1/b2 to green card and finish my process in the US?

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

I think I phrased my question incorrectly.

What I want to know, is. If my i-130 gets approved can I go to the US on my tourist visa and request a AOS from b1/b2 to green card and finish my process in the US?

No.

The B2 is a non-immigrant visa. When you use it to enter the US, you must not have the intention to enter the US to permanently immigrate. It is visa fraud to use the non-immigrant B2 visa to immigrate by adjusting your status.

You need the immigrant visa to immigrate to the US. There is no legal way around this. You MUST complete the process in Mexico and get an immigration visa before you can immigrate to the US.

Edited by aaron2020
Posted

Hi my wife is a USC my I-130 has been accepted and I am hoping it will be approved soon.

We currently live in Mexico. I was hoping on moving with my b1/b2 tourist visa, as soon as my i-130 is approved and wait there for the interview at ciudad juarez? I have always entered the US legally I dont have any overstays and have never been deported or been in trouble with the law.

Is it a good Idea to move or should I wait untill after the interview? Could I be denied at the interview?

Thanks

You may be denied entry into the U.S. since the I-130 has been filed. They will think you are trying to enter just so you can finish your green card processing in the U.S. instead of Mexico, regardless of what the real reason is and it may be very difficult to convince them of otherwise.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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