B1/B2 Visa and Change of Status

[Luttrellstown 0]

We have been waiting over 6 months for our I130 approval. My wife has a B1/B2 Visa. We have been living in Ireland and will have our interview (my spouse) in Dublin.

We want to visit the U.S. for 6 months using my wife's B1/B2 visa. I am a U.S. citizen The question is: If my wife's I130 is approved while we are visiting The USA can we file for

adjustment to status in The USA and finish off the green card procedure from there? 

[Crazy Cat 39,869]

Entering the US via a B2 visa with the intent to immigrate is considered visa fraud.  Fraud can have Serious consequences !!

 

A CR1/IR1 processing takes 12-14 months..........You will just have to be patient.

 

EDIT:  Visiting is allowed during processing.

Edited September 27, 2017 by missileman

[Crazy Cat 39,869]

I should have said:

Entering the US via a B2 visa with the intent to adjust status is considered visa fraud.  Fraud can have Serious consequences !!

A CR1/IR1 processing takes 12-14 months..........You will just have to be patient.

 

EDIT:  Visiting is allowed during processing.

Edited September 27, 2017 by missileman

[nightingalejules 678]

Here's my suggestion: Read up on the next process (NVC) and find out all the things you need to do during that process. See how many of them you can get ready to send (I don't know if you can do any of this online if you're from Ireland - you could from Canada but that's why you need to investigate.)

 

If your wife's I130 is approved while you're in the US, just keep taking the steps, and then (with luck) all she'll need to do is go back to Ireland to do her interview, pack up the rest of her stuff (that you'd wind up having shipped) and heading back to you.

 

You'd in an interesting and unusual position legally if this happened (which is still pretty unlikely) - AOS may technically possible and legal; you didn't enter the US with the intent to adjust status, but then your I-130 was approved and you changed your mind. However, AOS is more expensive and your wife can't work for several months while things are processing, so I think you're best off to just keep marching on the path to IR1

[Crazy Cat 39,869]

13 minutes ago, nightingalejules said:

you didn't enter the US with the intent to adjust status, but then your I-130 was approved and you changed your mind

Huh?  Was intent not established when the I-130 was filed?  How does the approval change intent?

 

I agree with your suggestion of continuing the IR-1 process.

Edited September 27, 2017 by missileman

[f f 725]

the i130 will not grant her legal status. if you filed a i485 with it that form grants he legal status.

are you a usc or lpr?

[pushbrk 12,285]

There's a difference between BEING an intending immigrant and entering with the intent to adjust status.  The question started with "if..."  It sounds like a can I question, not a declaration of intent.  If the I-130 isn't approved during the visit, it sounds like the "intent" is to complete the visa process.  Let's not assume facts not in evidence.  When circumstances change during a visit, one can avail themselves of any available option.  During a six month visit lots of things can change, including an I-130 approval, pregnancy, health issues, or pretty much anything.

 

All that said, from a time standpoint it's likely the OP's spouse would have a green card sooner by completing the Consular process than to re-direct the approved I-130 into a AOS process.  It could take several months to re-direct the I-130 file from NVC to catch up with an I-485.  Longer process to AOS but saves a round trip to Dublin.  In this circumstance, just make an informed choice.

[nightingalejules 678]

4 hours ago, missileman said:

Huh?  Was intent not established when the I-130 was filed?  How does the approval change intent?

 

I agree with your suggestion of continuing the IR-1 process.

No, the intent to immigrate was established, but not the intent to adjust status. It's an interesting situation from a legal standpoint - it would happen so infrequently that I'm unsure of the legality of deciding to AOS based on an approved I-130 (which is part of the CR1/IR1 process) that happens to come through while you happen to be (legally, on a tourist visa) physically present in the US. 

I still think it makes way more sense to continue the process that OP is in the middle of. But I'm curious about the legal ramifications of this unique situation. 

[Ryan H 3,798]

***Thread closed to additional discussion under the no fraud provision of the TOS.***