Can I be in the US when the I-130 is filed? (not adjusting status)

[Possumkat 0]

Hi everyone! I have a question, your input would be greatly appreciated. I came to the US to visit my husband and help him put together our application (he is reeeally bad with bureaucracy) I have permission to stay here until November, and I completely intend to leave within the legal time frame; but I wanted to know is it possible to send the application while I'm still here?

I don't think I can apply for adjustment of status because I'm here with a B2 visa, we were already married when I entered the country and we were already planning on applying for a green card. I don't want to commit fraud, I just want to spend more time with my husband while we wait for the application to get approved. (He lives in a rural intentional community, he would lose his membership if he leaves for too much time and he already spent 5 months away while visiting me in Mexico)

I just bought a house in Mexico and already have my return ticket, I don't know if that would help for anything.

Thank you all!!

 

 

[Ben&Zian 4,397]

2 minutes ago, Possumkat said:

Hi everyone! I have a question, your input would be greatly appreciated. I came to the US to visit my husband and help him put together our application (he is reeeally bad with bureaucracy) I have permission to stay here until November, and I completely intend to leave within the legal time frame; but I wanted to know is it possible to send the application while I'm still here?

I don't think I can apply for adjustment of status because I'm here with a B2 visa, we were already married when I entered the country and we were already planning on applying for a green card. I don't want to commit fraud, I just want to spend more time with my husband while we wait for the application to get approved. (He lives in a rural intentional community, he would lose his membership if he leaves for too much time and he already spent 5 months away while visiting me in Mexico)

I just bought a house in Mexico and already have my return ticket, I don't know if that would help for anything.

Thank you all!!

 

 

 

If you entered with just intent to visit but want to adjust status you actually can from your B2. Intent is decided upon entry so, you're actually okay if you wanted to again.

 

Otherwise you can file the CR-1 visa (I-130) paperwork while you're in country, no issues.

Edited June 3, 2019 by Ben&Zian

[Crazy Cat 39,216]

3 minutes ago, Possumkat said:

but I wanted to know is it possible to send the application while I'm still here?

Yes........but as @Ben&Zian stated, you can legally adjust if you are here now......However, the AOS process is not a piece of cake for everyone. 

[Possumkat 0]

2 minutes ago, missileman said:

Yes........but as @Ben&Zian stated, you can legally adjust if you are here now......However, the AOS process is not a piece of cake for everyone. 

I know, I read about it today but I still don't know if I could do it... When I crossed the border I wasn't intending on staying during this trip, but I was already planning on applying for the consular processing.

I don't want to get accused of fraud and be banned from coming back forever 😕

Thanks for your response by the way!

[Crazy Cat 39,216]

Just now, Possumkat said:

I know, I read about it today but I still don't know if I could do it... When I crossed the border I wasn't intending on staying during this trip, but I was already planning on applying for the consular processing.

I don't want to get accused of fraud and be banned from coming back forever 😕

Thanks for your response by the way!

You won' be banned.  Adjusting status is perfectly legal in your situation.  I think the practicality of adjusting is the relevant question.  Adjusting means no leaving and re-entering the US or working for 4-6 months (maybe longer)...........no green card for, probably, many more months............ 

[pushbrk 12,105]

You could adjust status if you really want to but I doubt you do.  Once you file to adjust status, you are no longer free to travel to and from the US.  (enter the US using your visa) for about six months.  

 

That said, you husband can file while you are still here.  Caution, that you are very clear on the petition that you will apply for a visa in Cuidad Juarez.  When asked where you will adjust status, enter "NOT APPLICABLE" then in the next section indicate Juarez.

[Possumkat 0]

On 6/3/2019 at 7:21 PM, pushbrk said:

You could adjust status if you really want to but I doubt you do.  Once you file to adjust status, you are no longer free to travel to and from the US.  (enter the US using your visa) for about six months.  

 

That said, you husband can file while you are still here.  Caution, that you are very clear on the petition that you will apply for a visa in Cuidad Juarez.  When asked where you will adjust status, enter "NOT APPLICABLE" then in the next section indicate Juarez.

I would love to adjust status and not have to leave my husband, even if I can't travel. I just didn't think it was possible when I came in to the country because I read about the 90-day rule... Plus I was already married and planning on applying for a green card. So you don't think that will be a problem?

[pushbrk 12,105]

7 hours ago, Possumkat said:

I would love to adjust status and not have to leave my husband, even if I can't travel. I just didn't think it was possible when I came in to the country because I read about the 90-day rule... Plus I was already married and planning on applying for a green card. So you don't think that will be a problem?

You were married and planning apply for an immigrant visa once your husband's petition for you was approved.  Adjusting status IS how one "applies for a green card".  I would take the 90 day rule seriously, if I were in your shoes.