Move to US while I-130 pending with minor US Citizen son and American husband

[JDLady 0]

Is this possible? To enter the US using your tourist visa and decide to wait out the I-130 results in the US with American husband and son?

[JFH 12,189]

It is possible to visit during the process. Your husband and don are USCs so they can stay there but you must wait for your visa to be approved before you move. If you have a B2 visa you can visit (although a visa is no guarantee that you will be admitted into the country - it will be at the discretion of the CBP officer) but you cannot live there and you must return to your home country for the medical and interview.

If it was possible to live in the USA while the I-130 was pending, there would be no need for this visa anyway!

[JDLady 0]

Thanks! What if the status is adjusted thereon? From non-immigrant to immigrant?

[JFH 12,189]

Thanks! What if the status is adjusted thereon? From non-immigrant to immigrant?

That would be illegal. You cannot enter with a non-immigrant visa with the intention of adjusting status. Don't even think about it. Do it the right way. We all know the wait is awful. We are all going through the same. For every person that breaks the rules, the process gets harder for every one else.

[Ryan H 3,791]

***OP has been given proper answers to their queries; thread now closed to additional discussion under the below quoted provision of the TOS. Do not restart this thread or refer to it in other discussions.***

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