Looking for advice CR-1 vs I-485

[Waldi 1]

Here is my situation:

Me: US Citizen living in the US

My spouse: non-US, currently living overseas, has valid tourist visa

We got married here in US in April while she was visiting, she went back to her country over the summer and we had big wedding party there. I'm back in US now. In the meantime we've sent out I-130 in June.

Now, the way I see it we have two options:

1) Let I-130 run it's course and if all goes well she will get her visa by February (estimate). However, in the meantime she would fly here on tourist visa and when we get notification from the embassy she would go back and take care of the visa process until it's issued then she'll come back to US and get her green card upon entry.

2) Fly here on tourist visa and start I-485 process and stay here until she gets the green card.

Anyone has any advice on which option is most viable? I was thinking option 1 would be quicker way to green card, less paperwork, and most cost effective but it sounds too good to be true, what am I missing?

[Harpa Timsah 13,258]

#1 is your only legal choice.

[Georgia16 2,858]

Here is my situation:

Me: US Citizen living in the US

My spouse: non-US, currently living overseas, has valid tourist visa

We got married here in US in April while she was visiting, she went back to her country over the summer and we had big wedding party there. I'm back in US now. In the meantime we've sent out I-130 in June.

Now, the way I see it we have two options:

1) Let I-130 run it's course and if all goes well she will get her visa by February (estimate). However, in the meantime she would fly here on tourist visa and when we get notification from the embassy she would go back and take care of the visa process until it's issued then she'll come back to US and get her green card upon entry.

2) Fly here on tourist visa and start I-485 process and stay here until she gets the green card.

Anyone has any advice on which option is most viable? I was thinking option 1 would be quicker way to green card, less paperwork, and most cost effective but it sounds too good to be true, what am I missing?

That's fraud.

[Canerican 242]

Agree with the above two posts. As you already have filed the I-130 you already have immigrant intent so your first option is the only legal option as Harpa said.

[gregcrs2 1,777]

Option 2 is NOT an option.

[Waldi 1]

Oh, I didn't think of it this way, I thought if came here on tourist visa we could still decide to file for I-485.

Ok, so let's say we go with option 1, do you think she could still come here on tourist visa for few months while I-130 is pending and then go back? Would there be any issue with that?

[Boo&Mica 157]

Oh, I didn't think of it this way, I thought if came here on tourist visa we could still decide to file for I-485.

Ok, so let's say we go with option 1, do you think she could still come here on tourist visa for few months while I-130 is pending and then go back? Would there be any issue with that?

If would be harder with an immigrant visan pending... Officers may think she will have other intentions than visiting ( obviously they have a good reason ) ...

[Georgia16 2,858]

Oh, I didn't think of it this way, I thought if came here on tourist visa we could still decide to file for I-485.

Ok, so let's say we go with option 1, do you think she could still come here on tourist visa for few months while I-130 is pending and then go back? Would there be any issue with that?

Yes, it's okay to VISIT doing the process but she has to return before her visa expires. She has to do medical and interview in home country.

Please fill in your timeline so people can see what country and all that.

[Waldi 1]

If would be harder with an immigrant visan pending... Officers may think she will have other intentions than visiting ( obviously they have a good reason ) ...

That's true. Do you think she could be denied entrance and turned back? Would that that have any repercussions?

We obviously just want to spend some time (+holidays) together instead of being separated.

[JFH 12,189]

If would be harder with an immigrant visan pending... Officers may think she will have other intentions than visiting ( obviously they have a good reason ) ...

But not impossible.

OP, the reason it would be difficult is because so many people take the route that you were thinking (option 2) and enter as tourists with every intention of staying. It's illegal to do that and the CBP officers need to decide whether she is planning the same or not when she arrives and they tend to err on the side of caution and deny people they suspect might be attempting this. Unfortunately, some genuine visitors, including spouses desperate to see their mates, are rejected because of that.

[IcezMan_IcezLady 582]

She could be turned away at POE..if she makes it through, you can't chuck the I-130 and do I-485. Interview and everything will have to be completed in her home country not in the US.

[KierenHby 897]

That's true. Do you think she could be denied entrance and turned back? Would that that have any repercussions?

We obviously just want to spend some time (+holidays) together instead of being separated.

Unlikely she'd be denied entry on a B2, but you never know. She'll have to tell CBP she's visiting her husband and let the officer decide. No repercussions on the CR-1. She gets interviewed at the US embassy in her home country.

And,