Spouse visa

[MaD22 0]

Hi,

I am a U.S. citizen and would like to apply for my husband's immigration. 

He currently has B1/B2 visa.

 

I'd like to know how to go about it. 

 

Thank you

[SalishSea 16,770]

5 minutes ago, MaD22 said:

Hi,

I am a U.S. citizen and would like to apply for my husband's immigration. 

He currently has B1/B2 visa.

 

I'd like to know how to go about it. 

 

Thank you

Have you read the guides here on VJ?

[MaD22 0]

2 minutes ago, Jorgedig said:

Have you read the guides here on VJ?

I'm going through the information. 

 

Could you kindly share a link to what you are referring to. 

 

Thanks

[SalishSea 16,770]

1 minute ago, MaD22 said:

I'm going through the information. 

 

Could you kindly share a link to what you are referring to. 

 

Thanks

Look at the top of this page here on Visa Journey.  There is a blue header with a "Guides" drop down.  Click on that and you can select the spousal visa one.

 

US immigration is complex, expensive and time-consuming.  The more reading and research you do ahead of time, the moe streamlined and faster your process will be.

[MaD22 0]

4 minutes ago, Jorgedig said:

Look at the top of this page here on Visa Journey.  There is a blue header with a "Guides" drop down.  Click on that and you can select the spousal visa one.

 

US immigration is complex, expensive and time-consuming.  The more reading and research you do ahead of time, the moe streamlined and faster your process will be.

Thank you for the link.

 

I've been reading this and trying to find out if it is alright for my spouse to be in the U.S. at the time of submission of application or is it better that he stays in his home country and the petition is filed from there. 

 

It's a bit tricky and we don't want to stay away from each other after the application has been submitted and in review. 

 

[Coco8 1,039]

1 hour ago, MaD22 said:

Thank you for the link.

 

I've been reading this and trying to find out if it is alright for my spouse to be in the U.S. at the time of submission of application or is it better that he stays in his home country and the petition is filed from there. 

 

It's a bit tricky and we don't want to stay away from each other after the application has been submitted and in review. 

 

If he is in his home country, he has to stay in his home country and you file the paperwork. You are already married as well. He can come and visit with his B1/B2 while the visa process is in progress.

 

If he comes to AOS it is fraud because he cannot come with that purpose. 

 

Edited September 16, 2021 by Coco8

[Timona 3,940]

Is your husband currently in US or abroad?

[MaD22 0]

2 hours ago, Coco8 said:

If he is in his home country, he has to stay in his home country and you file the paperwork. You are already married as well. He can come and visit with his B1/B2 while the visa process is in progress.

 

If he comes to AOS it is fraud because he cannot come with that purpose. 

 

Hi,

Thank you for replying. 

 

Please correct me if I'm wrong, but the USCIS website says:

 

Generally, once we approved the petition, your relative may apply to become a lawful permanent resident. If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status

 

 

 

 

55 minutes ago, Timona said:

Is your husband currently in US or abroad?

He is in his home country but has a valid B1-B2 visa

[Timona 3,940]

35 minutes ago, MaD22 said:

He is in his home country but has a valid B1-B2 visa

 

Then he cannot come in with intent to adjust 

[Cathi 5,610]

Entering the U.S with a b1/b2 visa with the intent to stay and adjust status is immigration fraud and comes with a permanent ban.

[SalishSea 16,770]

5 hours ago, MaD22 said:

Hi,

Thank you for replying. 

 

Please correct me if I'm wrong, but the USCIS website says:

 

Generally, once we approved the petition, your relative may apply to become a lawful permanent resident. If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status

 

 

 

 

He is in his home country but has a valid B1-B2 visa

That would be immigration fraud, because in order to do that, he’d have to lie to CBP at the border.   Don’t do that.

 

With his visitor’s visa, he can visit during the petition process, but entry is always subject to CBP discretion, and he will need to show strong ties to home.

Edited September 16, 2021 by Jorgedig

[Coco8 1,039]

8 hours ago, MaD22 said:

Hi,

Thank you for replying. 

 

Please correct me if I'm wrong, but the USCIS website says:

 

Generally, once we approved the petition, your relative may apply to become a lawful permanent resident. If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status

 

 

 

 

He is in his home country but has a valid B1-B2 visa

Like I said and everyone else, he cannot come to adjust of status (AOS). If he tries to do that, they will send him back and take away his B1/B2 and he can end up with a ban to come to the US (which means you need to fill more paperwork for his visa). 

 

Best thing is for you to file for spousal visa as soon as possible. Once you do that, he can come and visit with his B1/B2 but he CANNOT overstay. If he overstays he can get into trouble and they will take away his visa. Then, you'll be apart without the possibility of visiting and your spousal visa might end up taking longer because he'll have to explain why he overstayed.

 

 

 

 

 

Edited September 16, 2021 by Coco8

[HRQX 4,145]

***I have moved this topic to IR-1 / CR-1 Spouse Visa Process & Procedures forum*****

[MaD22 0]

15 hours ago, Cathi said:

Entering the U.S with a b1/b2 visa with the intent to stay and adjust status is immigration fraud and comes with a permanent ban.

Hi,

Thank you for clarifying this. 

Could you please explain who is the adjustment of status applicable to?

 

Thank you

4 hours ago, HRQX said:

***I have moved this topic to IR-1 / CR-1 Spouse Visa Process & Procedures forum*****

Thank you

[MaD22 0]

10 hours ago, Coco8 said:

Like I said and everyone else, he cannot come to adjust of status (AOS). If he tries to do that, they will send him back and take away his B1/B2 and he can end up with a ban to come to the US (which means you need to fill more paperwork for his visa). 

 

Best thing is for you to file for spousal visa as soon as possible. Once you do that, he can come and visit with his B1/B2 but he CANNOT overstay. If he overstays he can get into trouble and they will take away his visa. Then, you'll be apart without the possibility of visiting and your spousal visa might end up taking longer because he'll have to explain why he overstayed.

 

 

 

 

 

Hi,

Thank you for explaining. 

 

We are trying to figure out the right way to go about it and the AOS information we got from the USCIS website got us thinking may be he can come on his B1/B2, we apply and request for the adjustment of status. 

 

If AOS is not applicable to B1/B2 visa holders, who does it apply to ?

 

Also, is it possible we apply from his home country or do I have to be present in the US?

 

Thank you

 

 

18 hours ago, Timona said:

 

Then he cannot come in with intent to adjust 

Thank you for clearing this. 

We were confused.