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re: I-130 & AOS filing for adult unmarried daughter of US citizen while in US on B-2 visa

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Filed: Citizen (apr) Country: Italy
Timeline

My wife is a US citizen and her daughter is an adult (38 y.o.) unmarried (divorced) Ukrainian citizen who holds a 10-year visitor (B-1) visa issued in June 2014 and will visit us in San Diego for the second time in December of this year. She was last here in July 2014 and left in September. She now wants to immigrate from Ukraine due to the war and concerns about her Ukrainian ex-husband's threat potential. We plan to file an I-130 for her and understand that her 10 year old daughter would automatically be included in the immigration petition. The questions arise from those basic facts.

1. Can we file an immigration petition I-130 for her while she is legally in the US on the visitor visa?

2. If the I-130 is filed, does this affect her comings and goings on the visitor visa? Or does she risk having the visitor visa revoked?

3. How often can she safely come and go to the US given that the standard limit for any one stay on this visa seems to be 6 months? In other words, how long does she have to be in Ukraine before returning to the US for another 5 or 6 months?

4. I understand that while she is in the US legally on her unexpired visitor visa, we can file for an adjustment of status at the same time we file the I-130. Can anyone tell me how this would work given the general wait for adult umarried relatives to immigrate on an I-130 seems to be about 5 years - or so I've heard, but not from any official source.

As an aside, I wanted to mention that our daughter waited almost 10 years to get this visitor visa and was declined for visitor and student visas at least 5 times by the US Consulate in Kyiv during that time. She was invariably and repeatedly being told by the Consular Officers that they were denying the visas because, as an attractive single female, she would surely overstay her visa and remain in the US illegally. I argued with four separate US Consul Generals by phone about it over the years, to no avail. Only after her mother became a US citizen did the Consulate issue the daughter a visitor visa like it was no big deal.

I thank you in advance for reading this and for any advice, tips or experiences you care to share.

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Filed: Citizen (pnd) Country: Germany
Timeline

1. You can file the petition regardless of where she is at the time. You'll have to mention on the I-130 that she's currently in the US.

2. That's all up to what kind of customs officer she gets at her POE.

3. There's no set time limit as to how often you can visit the US in one calendar year, but I never tried to visit with my husband more than twice a year. Others go much more often than we did and haven't had any trouble. I just never felt like risking it.

4. Filing for adjustment of status is quite a "tender" issue. You can only do so if you had no such intentions at the time of her entry to the US. You would have to have substantial evidence that proves that this wasn't pre-planned. If they find you out she'd be marked with visa fraud as the B-2 isn't used for immigration purposes and she could have some nasty marks on her record for that, which would only make the immigration process slower in the future.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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You are asking how to commit immigration fraud.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Citizen (apr) Country: Italy
Timeline

I had no idea this was considered fraud. I was simply reading the official site http://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status-category/change-my-nonimmigrant-status and assumed, perhaps very incorrectly, that this was legal and unproblematic. I had assumed, perhaps incorrectly, that my wife's daughter would be eligible to do this AOS thing but apparently not?

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I had no idea this was considered fraud. I was simply reading the official site http://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status-category/change-my-nonimmigrant-status and assumed, perhaps very incorrectly, that this was legal and unproblematic. I had assumed, perhaps incorrectly, that my wife's daughter would be eligible to do this AOS thing but apparently not?

Tourist visas are non-immigrant. When you have intention to adjust status on those visas, it is called immigration fraud.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Citizen (apr) Country: Italy
Timeline

Tourist visas are non-immigrant. When you have intention to adjust status on those visas, it is called immigration fraud.

Well, it seems I have learned something very important here then and I thank you and the previous poster for explaining it. The last thing we want to do is to jeoparize our daughter's ability to visit us on her B-2 pending her permanent immigration petition. Had I not posted here and asked this, I shudder to think of what might have happened. My sincere thanks to you and "Stresed Out" for the straight talk.

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

plus she cannot file for adjustment of status with the i130 because she isn't an immediate relative, meaning minor children under 21 of a USC

she has a waiting time of over 7 years, she can come and visit during that time, but she will have her interview in her country of origin.

immigration is currently working with cases sent in 2007 for her category

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Filed: Citizen (apr) Country: Iran
Timeline

She cannot adjust status from within the US now. The I-130 will be filed and a priority date given. When the priority date becomes current (in about 7 years) if she is in the US in lawful status, meaning not having overstayed, AOS can be filed.

The general guideline on a tourist visa is spend more time outside the US than inside. If CBP feels she is using the tourist visa to live in the US they can deny her entry.

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Filed: Citizen (apr) Country: Poland
Timeline

My wife is a US citizen and her daughter is an adult (38 y.o.) unmarried (divorced) Ukrainian citizen who holds a 10-year visitor (B-1) visa issued in June 2014 and will visit us in San Diego for the second time in December of this year. She was last here in July 2014 and left in September. She now wants to immigrate from Ukraine due to the war and concerns about her Ukrainian ex-husband's threat potential. We plan to file an I-130 for her and understand that her 10 year old daughter would automatically be included in the immigration petition. The questions arise from those basic facts.

1. Can we file an immigration petition I-130 for her while she is legally in the US on the visitor visa?

2. If the I-130 is filed, does this affect her comings and goings on the visitor visa? Or does she risk having the visitor visa revoked?

3. How often can she safely come and go to the US given that the standard limit for any one stay on this visa seems to be 6 months? In other words, how long does she have to be in Ukraine before returning to the US for another 5 or 6 months?

4. I understand that while she is in the US legally on her unexpired visitor visa, we can file for an adjustment of status at the same time we file the I-130. Can anyone tell me how this would work given the general wait for adult umarried relatives to immigrate on an I-130 seems to be about 5 years - or so I've heard, but not from any official source.

1. Yes

2. It shouldn't, may affect her getting new visa if this one expires.

3.Rule of thumb - more time outside US than in US. Spending too much time or coming too often can get her visa revoked,

4. No - she is ineligible to file adjustment of status. She would have been if her priority date was current and she was in legal status - otherwise it would be a way to bypass long wait for visa number.

She has ~11 years wait ahead of her and fact of her having a B-2 is meaningless for that perspective. If she stays beyond her allowed time in US, once her priority date is current - she will be ineligible for AOS and long wait will essentially be wasted.

Read about how family preference visa categories work and check Visa Bulletin out.

http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html

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Filed: Citizen (apr) Country: Italy
Timeline

To all who took the time to read this and answer, I thank you very much. I learned a lot and have possibly kept us from doing something ruinous out of cheerful ignorance and wrongly held assumptions. Sometimes it is not what you don't know that hurts you, but rather that which you think you know, but instead turns out to be completely incorrect, that does you in. Gives me the willies to even think about it.

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To all who took the time to read this and answer, I thank you very much. I learned a lot and have possibly kept us from doing something ruinous out of cheerful ignorance and wrongly held assumptions. Sometimes it is not what you don't know that hurts you, but rather that which you think you know, but instead turns out to be completely incorrect, that does you in. Gives me the willies to even think about it.

It was honest mistake, just be careful and do it in right way. Good luck and it will be done before you even know.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Lift. Cond. (apr) Country: Spain
Timeline

That's true what someone mentioned if she comes too often and stays for too long they will say she is not visiting she is living here with a tourist visa, and it's not the visa purpose....

Something similar happened to me and I was threatened at POE last time I came here to visit my boyfriend that it was the last time I was allowed in the country as a tourist.

Just be careful with that :)


y59om4.png

---------------------------------- Pre I-130 ----------------------------------------

Feb- 25- 2009 - Met in Barcelona Spain thanks to a friend in common ???

11 visits in the next 5 years........ ????????????

Apr - 23 - 2014 - My last entry in the US to visit ✈️

Jul - 18 - 2014 - finally proposes and ask me to stay forever!!!! ❤️??

Jul- 20 - 2014 - I don't get in the flight back to Spain ( that means my ESTA will expire the next day )

Jul - 22 - 2014 - wedding ❤️??

---------------------------I-130, I-485, EAD, AP ----------------------------------

Sep- 12- 2014 - AOS sent to Chicago ?? ( delivered sept 15 )

Sep - 18 - 2014 - AOS texts/ emails received with case number ??

Sep- 19 - 2014 - checks cashed ?

Sep - 21 - 2014- hard copies of NOA received in the mail!!! ??

Sep - 26 - 2014- biometrics letter received!! Appointment for Oct 7

Sep - 30 - 2014 - succesful early walk in biometrics ??

Nov - 22 - 2014 - EAD/AP approved ?? ( 71 days )

Nov - 24 - 2014 - card in production

Dec - 1 - 2014 - card mailed ??

Dec - 3 - 2014 - Combo card received ??

Dec - 15 - 2014 - email received with interview date for Jan 15 2015! ??

Jan - 15 - 2015 - Approved!! ???? Here is our interview experience --> http://www.visajourney.com/forums/topic/531853-aos-interview-from-esta-approved/

Jan - 24 - 2015 - Green card received

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