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Apply for Spouse Visa while on B2

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Hello! I would like to know if it is possible (and legal) to come to the US as a spouse on a visitor visa and start the CR1 process while the spouse is staying in the states. Has anybody had experience with this and visited a spouse before the immigrant visa process takes place? I understand that once the CR1 process begins it is very difficult to get the B2.

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Possible, and legal? yes


Very difficult to get a B2 for a spouse of a USC. 


The B2 application asks for such details as citizenship and domicile of spouse. Applicant could be questioned about the reasons an immigrant petition hasn't been filed on their behalf by a USC spouse. CR1 process can be started any time after a wedding. No point in delaying; unless there's a good reason, a delay may come across as suspicious, and a B2 admission, if granted, may be viewed as an AOS risk. 

I-751 journey


10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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