Adjustment of status from B1/B2 , to immigrant

[Tradewind 6]

Is it possible or advised to do an "adjustment of status" from a tourist visa with 3 years left on it to an I-130 immigration visa (IR-1/CR-1)

for my spouse to immigrate to the USA.

Or should I just start the process from scratch?

Thanks

[richinlove 2]

based on my knowledge. it does not matter how many years u have remaining on the tourist visa, u can apply for adjustment of status! based on the time frames i have seen it does take around 10 months to a year (during this time she can visit) for the immigrant visa to be considered! it is possible for u to do either one so it will be your decision which route u want to take!

there are many here adjusting from b1/b2 visa, and they are no hickups in their cases!

if u are already married and choose to go the other route it is still ur decision!

[Harpa Timsah 13,258]

It is illegal to enter the US on a non-immigrant visa with the intent to immigrate.

[Harsh_77 716]

To enter US on B1/2 with intent to immigrate is visa fraud.

Number of years left on visa does not matter

[Tradewind 6]

When we applied for a tourist visa, there was no intention at that time to immigrate as we were happy in Panama. My wife has been entering the USA on her B1/B2 tourist visa for 2 years off and on with no problems. We no longer feel secure living in Panama as I was shot in a robbery and we both suffer some degree of PTSD as she was with me at the time . No problem proving this. An adjustment of status fee is around $1000. Is it worth going that route over the conventional route? Is there advantage to do the "adjustment of status". I have already established a domicile in the USA. How do I renounce my residency in Panama?

I just want to file the simplest and cheapest and/or shortest time frame.

Thanks

[pushbrk 12,092]

It is illegal to enter the US on a non-immigrant visa with the intent to immigrate.

Correct. However if the foreigner is actually IN the USA, they are certainly free to marry and/or marry and immigrate by adjusting status. Intent at entry is not grounds to deny adjustment of status to the spouse of a US Citizen. Actually "lying" upon entry and getting caught doing so is a different matter entirely.

This kind of immigration is discussed in another forum. I'm sure an organizer will be along soon to move the topic there.

[ValerieA 350]

Is your spouse in the US right now? If so, definitely AOS. If not, file for their CR1 (spousal visa). With CR1, if you, the USC, are currently in the US, it is going to take a while. If you are still in Panama, do DCF (Direct Consular Filing) and it should go faster.

pushbrk et al, Panama does have DCF, do they not?

[pushbrk 12,092]

When we applied for a tourist visa, there was no intention at that time to immigrate as we were happy in Panama. My wife has been entering the USA on her B1/B2 tourist visa for 2 years off and on with no problems. We no longer feel secure living in Panama as I was shot in a robbery and we both suffer some degree of PTSD as she was with me at the time . No problem proving this. An adjustment of status fee is around $1000. Is it worth going that route over the conventional route? Is there advantage to do the "adjustment of status". I have already established a domicile in the USA. How do I renounce my residency in Panama?

I just want to file the simplest and cheapest and/or shortest time frame.

Thanks

You don't need to renounce your residency. You are free to just leave and establish your residence in the USA, where you are a citizen. Again, if she is IN THE USA, your wife is free to adjust status.

Intent is a potential issue at each entry regardless of your intentions when the visa was applied for. Nevertheless, immigrant intent upon entry is not grounds to deny AOS for the spouse of a US Citizen.

Edited June 28, 2013 by pushbrk

[Tradewind 6]

You don't need to renounce your residency. You are free to just leave and establish your residence in the USA, where you are a citizen. Again, if she is IN THE USA, your wife is free to adjust status.

Intent is a potential issue at each entry regardless of your intentions when the visa was applied for. Nevertheless, immigrant intent upon entry is not grounds to deny AOS for the spouse of a US Citizen.

OK thanks. I am in the USA at my new residency near Los Angeles. My wife just arrived on her B1-B2 visa. We will start the process immediately and use a AOS. When we applied for the B1/B2 visa they took lots of information from us so it seemingly be simpler since she was already approved for one visa to move to the immigrant visa. Is that correct?

Time is not that important. We don't want to go back and live in Panama to do a Direct Consular. She can always go back and visit her family as we wait for this process.

Question, in your thoughts what is the advantage of AOS. Thanks

[aaron2020 11,651]

Adjusting her immediately upon entering on the B1/B2 shows she entered with the intent to immigrate. Hard to come to any other conclusion.

[Tradewind 6]

Adjusting her immediately upon entering on the B1/B2 shows she entered with the intent to immigrate. Hard to come to any other conclusion.

She has been in and out of the USA 5-6 time in the last 2 years. So that does not show intent except a change of mind, which we are investigating now.

[christeen 966]

Eh... I would err on the safe side and wait some time befor filing... Just because she entered on PRIOR visits without immigrating does not eliminate the risk of looking like THIS time she came with intent to stay... Don't do anything g to risk a ban... Once AOS is filed she cannot leave the USA for visits unti AP is granted (@ 90 days).

[Tradewind 6]

Meaning, we should wait a couple months to apply. We really had no intention of immigration but a situation happened several years in Panama that has put up both somewhat in fear of living there. I was shot in a robbery and lived. I can identify the shooter. My wife was with me. We both suffer some degree of PTSD so we are in the process of researching the process of immigration. Whether we decide upon entering or being here a couple months should not infer we are using the B1/B2 visa to start immigration.

I don't want to risk anything in way of our existing visa but don't we have the right to change our mind to a permanent visa to the USA anytime we want.; I have a home in Panama and been there almost 8 years. I have been with my wife for 5 years in Panama. Our intention was to stay in Panama but now we are seriously thinking changing for our health and safety. That should be a good enough reason. My wife lives in fear for my life more than hers. It is something that never goes away when you have a traumatic event happen to you,

You would think that our reason is very justified to immigrate, I do.

[aaron2020 11,651]

She has been in and out of the USA 5-6 time in the last 2 years. So that does not show intent except a change of mind, which we are investigating now.

Her intent when she received the visa and her prior trips are irrelevant.

What is relevant is her intent on her last entry into the US before she attempts to adjust her status.

[aaron2020 11,651]

Meaning, we should wait a couple months to apply. We really had no intention of immigration but a situation happened several years in Panama that has put up both somewhat in fear of living there. I was shot in a robbery and lived. I can identify the shooter. My wife was with me. We both suffer some degree of PTSD so we are in the process of researching the process of immigration. Whether we decide upon entering or being here a couple months should not infer we are using the B1/B2 visa to start immigration.

I don't want to risk anything in way of our existing visa but don't we have the right to change our mind to a permanent visa to the USA anytime we want.; I have a home in Panama and been there almost 8 years. I have been with my wife for 5 years in Panama. Our intention was to stay in Panama but now we are seriously thinking changing for our health and safety. That should be a good enough reason. My wife lives in fear for my life more than hers. It is something that never goes away when you have a traumatic event happen to you,

You would think that our reason is very justified to immigrate, I do.

I am trying to help you, so don't take this personally.

The robbery happened several years ago. Since then, you and your wife have traveled to the US and return to Panama several time. If you both feared for your lives, then why did you keep going back so many time?

Whatever you think your reasons are, USCIS will not view it the same way. USCIS will conclude there was no genuine fear because you choose to return to Panama several times over the years after the robbery.

Your choice on what to do. The correct and legal way is for your wife to return to Panama to wait for a spousal visa. You can attempt to adjust, but be aware that if she is found to make a material misrepresentation, she could be ban from the US for life and there would be nothing you could do to fix it. Is the risk worth it? Your choice.