Filing I-130 for a stepchild of USC - a few questions

[Riley and SP 17]

20 minutes ago, Jorgedig said:

No.  He has immigrant intent.  He cannot obtain a B visa in order to come here and adjust status.  That is fraud.

I know that. That was the reason we didn’t file AOS for him when he visited for our wedding although at that point back then he didn’t enter with the intent to stay but my attorney was overly cautious. 

 

I was asking for a renewal for his B-2 visa just to visit for a few weeks while the whole process with the I-130 (which may take about 18 months) is pending. 

[SalishSea 16,772]

Just now, Riley and SP said:

I was asking for a renewal for his B-2 visa just to visit for a few weeks while the whole process with the I-130 (which may take about 18 months) is pending. 

Anyone with $160 is free to apply.

[Riley and SP 17]

Just now, Jorgedig said:

Anyone with $160 is free to apply.

I know that as well. But I can’t make my kid go through this emotionally if the possibility for a denial is high due to a pending I-130 for him. 
 

That’s why I was wondering whether there are cases of approved B-2 while there is a pending I-130 for this person. 

[Boiler 43,436]

Yes there are, now quite when he will be able to apply is another issue.

[SalishSea 16,772]

Just now, Riley and SP said:

I know that as well. But I can’t make my kid go through this emotionally if the possibility for a denial is high due to a pending I-130 for him. 
 

That’s why I was wondering whether there are cases of approved B-2 while there is a pending I-130 for this person. 

Well of course:  there are cases of both approvals and denials.....which makes sense, right?  There are never guarantees, so you would have to prepare him for either result.

[HRQX 4,145]

2 hours ago, Riley and SP said:

we filed the one for me 6 months ago so I guess that doesn’t apply to us, right?

Correct. It was not filed "simultaneously."

2 hours ago, Riley and SP said:

Do we need to file any other forms together with the I-130?

Just the I-130. I recommend online filing: https://www.uscis.gov/i-130 It'll prompt you to upload scans of the required documents.

 

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2 hours ago, Jorgedig said:

Except that it sounds like there was immigrant intent all along, so adjusting from a B would have been fraudulent.....

OP has further clarified that there was no immigrant intent at the time of previous entry. Furthermore, stepchild of USC is an IR per the INA and the BIA precedent rulings in Matter of Battista and Matter of Cavazos are very clear that intent is not determined at AOS interview for IR cases.

Edited January 31, 2021 by HRQX