Filing an a petition in the USA while wife is on a tourist visa

[The_Empyrean 733]

There is a way to AoS while in here, BUT if the marriage/adjustment were spontaneous. Meaning, you came here clearly for vacation, and lets say your S/O surprised you.. Intent is determined by CBP when entering. If you come here knowing that you'll adjust, that is fraud, and morally wrong imho. No better way to upset a visa forum, than telling that you adjusted from B2 or ESTA lol.

To have a piece of mind, and avoid any unnecessary hickups, do the I-130, you can visit. It's just the officers at the border will know that you have pending visa, and will be harder on you to prove that you're not gonna just stay. 
That being said, my wife kept coming here from 2014, they knew we were engaged. EVERY-SINGLE-TIME she was pulled to secondary, sometimes for an hour or two to be questioned. Thanks to this forum, i made sure she has ties to Lithuania with her at all times when coming to USA. Job letter stating when she has to come back, a "transcript" from University, that she was attending, and when the breaks end and begin. You'll have to try harder to show that you're really visiting. Last time she was coming here, we had K1 pending already, they pulled her and questioned, once she said "I've been going back and forth for 3 years and haven't overstayed even a second, would you think that after all that time i will right now, when we're almost done with appropriate visa just to save a month or two?" officers laughed and thanked her for doing it the right way, and that people who adjust from tourist visas, make life difficult for everyone else who wants to visit with any other pending immigrant visas.

In other words, IT IS possible to AoS from ESTA/B2, but:

a) its a fraud.

b) no one will like you here anymore (lmao)

c) morally wrong.

d)You would be lying to USCIS when entering, that never ends well.

 

DO IR1/CR-1:
A) Piece of mind down the road that you did everything according to the laws.

B) No stress, or thinking whether something will be off, and you'll be denied

C) Outcome is the same, Green card.

D) (my favorite advice to anyone who wants to AoS vs I130) The time apart will put your relationship to test, if you pass it, nothing will break it apart later.(most of the time)

E) You both can still travel.

Edited July 26, 2019 by The_Empyrean

[Nitas_man 3,100]

25 minutes ago, The_Empyrean said:

 

a) its a fraud.

b) no one will like you here anymore (lmao)

c) morally wrong.

d)You would be lying to USCIS when entering, that never ends well.

 

 

Dislike for morally wrong fraudulent lying to USCIS stems from the penalties that  are imposed on legal immigrants who end up paying for these actions.

 

It’s evident when innocent couples share their stories from “high fraud countries”

 

We are TOS bound to advise that pre-planning to misuse a tourist visa for another purpose is specifically prohibited and poses a significant risk to the immigrant.  

 

Just a couple of weeks ago a poster shared that they were slapped with a denial due to what was said at POE vs what was said in the AOS interview.  Just like that, whatever future that couple was planning was shattered.

 

I would always advise users who post to plan for long term 100% success by following the rules exactly as they are spelled out.

 

 

[ShinyDaisy 31]

Everything said here is correct. But know that you can apply for the CR1 while your spouse has an active B2. My husband visited twice for several weeks at a time during the petition process, but he did show records of property and active employment back home, so be prepared to show ties to her country. 

[Big Stu 0]

3 hours ago, Nitas_man said:

Are you working for a US company and transferring back?  The support affidavit is an issue in DCF.  Usually requires a big stash of cash assets or a co-sponsor.

 

I do humanitarian work so I switch jobs a fair amount. We're getting her a visa in case I end up back in DC. I have no need to leave yet, but i want her to be able to move with me when time comes, and most importantly to work.  Family could probably co-sponosor. 

[Just Paul 4,591]

5 hours ago, Big Stu said:

We're getting her a visa in case I end up back in DC.

Uhh she doesn't already have one?  Getting a tourist VISA after marriage is next to impossible.  She will need to show ties back to her home country and convince CBP she has no intention of staying with her husband in the US.

[Crazy Cat 39,213]

5 hours ago, Big Stu said:

 

I do humanitarian work so I switch jobs a fair amount. We're getting her a visa in case I end up back in DC. I have no need to leave yet, but i want her to be able to move with me when time comes, and most importantly to work.  Family could probably co-sponosor. 

So, you have no plans to live in the US?

Edited July 26, 2019 by missileman

[Big Stu 0]

9 hours ago, missileman said:

So, you have no plans to live in the US?

I would like to be back in the States within the next few years. But we don't have a timeline. 

[Big Stu 0]

10 hours ago, Paul & Mary said:

Uhh she doesn't already have one?  Getting a tourist VISA after marriage is next to impossible.  She will need to show ties back to her home country and convince CBP she has no intention of staying with her husband in the US.

She has a 10 year tourist visa already. I was loose with my words - i wrote visa when i meant green card.

[SusieQQQ 11,584]

14 minutes ago, Big Stu said:

She has a 10 year tourist visa already. I was loose with my words - i wrote visa when i meant green card.

 

15 minutes ago, Big Stu said:

I would like to be back in the States within the next few years. But we don't have a timeline. 

There are conditions to keeping a green card. It’s not something you get with a vague intention of using it at some future stage - it requires entry within 6 months of receiving the immigrant visa, and it requires most of your time to actually be spent living in the US. When you are more sure of what your timeline is, is when you should start seriously thinking about filing the application, 12 or so months before your planned move if possible.

[Crazy Cat 39,213]

5 hours ago, Big Stu said:

She has a 10 year tourist visa already. I was loose with my words - i wrote visa when i meant green card.

I would study the requirements for Maintaining Permanent Residence.  Also remember that there might be unintended consequences such as tax requirements.