Started I-130 process, can hubby come on B1 Visa and do an AOS?

[terisathomas 0]

Okay, so my husband and I lived in Uruguay together for the past two years, 1 year as married (and married there in 2014). We decided to move back to the US and I was offered a job work for the state of Vermont while we still lived there. I traveled here alone in December, and start work next week with the new job. He is still in Uruguay with my dog. We sent the I-130 at the end of December and already received our NOA1. Our question is--our plan was that he join me here in March and in fact we already purchased tickets. He has his B1 visitors visa from Uruguay which is good for 6 months, with the idea that it'd be fully processed by the end of the visa expiration.

I am seeing answers all over the place as to 1) what should our next step be? Should I file the I-129 packet and continue the K3 process? Everywhere I read calls it obsolete for some reason.

2) I have read that you can send the I-129, the 1-485 (to change status) and the affidavit of support altogether. Is it better for me to wait until March when he gets inside the country and just do that? The I-129 form has a section asking whether he is IN or OUT of the USA. As he is currently OUT, I prepared it saying that. But then it asks for his travel information if I say he is IN the country (when did he fly in and how etc.) which we obviously don't have yet.

Our biggest objective is to be together as soon as possible and to avoid having to travel all the way back to Uruguay to finish the process.

Can anyone please provide some perspective here? Much appreciated!

Tee

[TBoneTX 46,369]

1. The K-3 is obsolete, and the CR-1 is the superior visa anyway. Don't file an I-129F.

2. Entering on a tourist visa with the intent to stay and adjust status is not permissible.

[Cyberfx1024 7,980]

What you are suggesting for him to just come here and AOS is called fraud. So you will have to file for a CR1 visa for him, the wait is about 1 year. He can still travel here to spend time with you, but he will have to go back eventually for processing.

[mrskvelasco 30]

As said above, entering on a tourist visa with the intent to stay and adjust status is immigration fraud.

You will have to wait out the processing for the CR1 visa. He can visit you in the meantime, but can't immigrate until he gets his visa.