Questions on B-2 Visitor to IR1/CR-1

[Gamila Salem 0]

My husband, who is from Egypt, currently holds a B-2 visitor's visa to the US where I am a citizen. We were married in Egypt in November 2013 with no intent of moving to the US permanently since my ex-husband agreed to sign off his legal rights to my 3 minor daughters so they can move with us. We must return to the US for hearings on the termination of my ex's parental rights in late August 2014.

My husband will accompany me while on his B-2 but we are concerned that the court process could extend some time and are considering, if time is not on our side, filing for IR-1 while we are there. Our concerns are that he may have to return to Egypt without me and this filing may not be possible while in the states on B-2.

Anyone have any insite or experience with this. TY

[NikLR 13,232]

I'm sorry what are you asking?

Your husband can visit the USA with his visitor visa. Both of you should bring proof of your ties to Egypt to show you're not planning on staying in the USA.

Don't file for the IR1 visa if you have no intentions of living in the USA permanently.

[pushbrk 13,238]

It doesn't matter if the foreigner is inside or outside the USA, when you start the IR1 visa process but filing the I-130 petition. However, there is a question about whether he is here at the moment or not. If he's leaving soon, it will avoid some possible confusion if you delay filing until you can answer that question with a no.

IR1 visas are obtained abroad as are all visas. As long as he doesn't overstay his allowed time in the USA, there's no restriction on filing while he's here.