Filing AOS while on B2

[lights88 0]

Hi all, 

I have filed i130(pd march17 2017)for my wife who is on B2 status. I am LPR.

I see some march 2017 filers getting approval in facebook groups.

My wife has a booked flight back home before B2 expires in 1 and half month.

My question will she be able to adjust status if i130 gets approved before her departure?

will the documens be sent to consulate to her home country for filing immigrant visa or immigration office mentioned in i130/i130A. One more is this done by USCIS or NVC?

Any suggestions or experiences?

thanks in advance!

 

Edited December 2, 2018 by lights88

[Unlockable 7,306]

She can only adjust status from a B2 if she is married to a US citizen. Since, you are an LPR, even if it is approved before her departure, she would have to have her interview in her home country's embassy. So she would have to leave.

[geowrian 22,335]

Her PD would have to be eligible for AOS (see https://www.uscis.gov/visabulletininfo). When the I-130 gets approved is not the determining factor.

By the looks of it, she should be eligible for AOS since they are currently permitting AOS based on the Dates For Filing chart instead of Final Action Dates.

It will probably be a decent chunk of time before she is granted AP or an EAD, let alone a green card.

Edited December 2, 2018 by geowrian

[Unlockable 7,306]

@geowrian is right (as usual), she can AOS if her PD is current.

[SusieQQQ 11,584]

When did she enter on B2? More than 90 days ago?

[lights88 0]

3 minutes ago, SusieQQQ said:

When did she enter on B2? More than 90 days ago?

Its little over 90 days in July 20, 2018.

[JFH 12,189]

Nice long holidays she has! She very likely won’t get that with an employer over here...

[SusieQQQ 11,584]

2 hours ago, lights88 said:

Its little over 90 days in July 20, 2018.

That’s convenient. AOS should be ok then. She’s presumably ok with not being able to work (as she obviously hasn’t been for at least 3 months) or travel for another 6 months or so?

[issea 43]

Do you have intention to stay and do AOS when entering with B2? This is the obstacle to overcome when being confronted in the interview, I guess? That SusieQQQ mentioned the 90-day rule can be a point to show the IO you didn't have that intention initially as entering the States but later changed your mind to stay. 

[lights88 0]

8 minutes ago, issea said:

Do you have intention to stay and do AOS when entering with B2? This is the obstacle to overcome when being confronted in the interview, I guess? That SusieQQQ mentioned the 90-day rule can be a point to show the IO you didn't have that intention initially as entering the States but later changed your mind to stay. 

I am note sure how would i explain to this. But  This is her 3rd entry in US while B2 was obtained back in 2015 and never out of status.

[Aj06 11]

On 12/2/2018 at 10:22 AM, lights88 said:

I am note sure how would i explain to this. But  This is her 3rd entry in US while B2 was obtained back in 2015 and never out of status.

Thats ok...she will be fine,dont worry.

[aaron2020 11,651]

While the intent to immigrate is not a problem when an Immediate Relative of a USC files to adjust, that rule does not apply to the family preference categories.  Immigrant intent can be an issue.  I am not saying that it will be an issue.  I am saying that it's not risk free as it is for an IR of a USC.