Foreign Spouse Living in USA Change Status Question

[Brett Tapia 1]

As my wife is a Taiwanese citizen, and I am an American citizen, can we first move to USA together, her with a visitor visa, and file an I-485 adjust status, along with 

all the other Immigrant visa paperwork and documents, for her to get her immigrant visa, all the while living in the USA? 

 

I saw a posting online, stating one's spouse could already be living with them in the USA (not sure about what visa), and file the I-130 and I-485 at the same time, for the path to getting the green card. 

 

To give a little background about the details of our case, we already had an immigrant visa issued to my wife a few years back and were unable to use it when it was valid. We re-started the process

last year, sending in her passport with the IV to the U.S. Embassy and they reopened our case. 

 

Would we need to refile the I-130 in America to do the above? Or is it too late to do this option as we've already started our case and the Embassy here in Taiwan knows all about it? 

 

Hope to get any helpful comments. Thanks!

[Vickys_Mom 184]

You're asking if your wife can enter the United States as a visitor when you guys intend for her to permanently stay here and do her Adjustment of Status.  That's immigration fraud.  Don't do it.  It may seem like an easy way to bypass the wait, but it's the kind of stuff that causes problems later on.

 

If someone is already in the United States the rules are different.  My wife was here on a J-1 visa when we married and applied for her adjustment of status.

 

You may also have issues getting her a visitor's visa since she's already filed for an immigration visa.  When they see that she has an American husband, and that she's applied in the past, and that she has an active application...they may reject a visitor's visa for concern that your wife is actually trying to immigrate and wants to bypass the existing system.  Of course you can still try.  Just don't be too surprised if they reject it.

 

A new I-130 would likely be rejected because the current I-130 is still being processed.

 

My helpful comment is:  be patient.  At least you're there with her.  You will get through this.

 

Regards,

Vicky's Mom

[Joyoussinger 1,412]

3 hours ago, Brett Tapia said:

As my wife is a Taiwanese citizen, and I am an American citizen, can we first move to USA together, her with a visitor visa, and file an I-485 adjust status, along with 

all the other Immigrant visa paperwork and documents, for her to get her immigrant visa, all the while living in the USA? 

 

I saw a posting online, stating one's spouse could already be living with them in the USA (not sure about what visa), and file the I-130 and I-485 at the same time, for the path to getting the green card. 

 

To give a little background about the details of our case, we already had an immigrant visa issued to my wife a few years back and were unable to use it when it was valid. We re-started the process

last year, sending in her passport with the IV to the U.S. Embassy and they reopened our case. 

 

Would we need to refile the I-130 in America to do the above? Or is it too late to do this option as we've already started our case and the Embassy here in Taiwan knows all about it? 

 

Hope to get any helpful comments. Thanks!

She cannot come on a visitor visa with the intention of adjusting status. That's immigration fraud.  Sometimes, it happens that someone is here on a tourist visa,  they meet someone, fall in love, and marry. They are able to adjust status because this wasn't their intention when they arrived. You have to be truthful about your intentions on arrival. 

[powerpuff 5,914]

~~ Topic moved from “Bringing family members of US Citizens to America “ to CR1/IR1 spousal visa forum as the spousal visa is the only option available to OP ~~
 

4 hours ago, Brett Tapia said:

can we first move to USA together, her with a visitor visa, and file an I-485 adjust status, along with 

all the other Immigrant visa paperwork and documents, for her to get her immigrant visa, all the while living in the USA?

No. You need an immigrant visa in order to live in the US. Adjustment of status is not an option for you - that would be immigration fraud. You will have to follow the procedures for bringing a spouse from overseas like the rest. It seems like the consulate is open to working with your case, I would follow their instructions

[Dashinka 23,274]

4 hours ago, Brett Tapia said:

As my wife is a Taiwanese citizen, and I am an American citizen, can we first move to USA together, her with a visitor visa, and file an I-485 adjust status, along with 

all the other Immigrant visa paperwork and documents, for her to get her immigrant visa, all the while living in the USA? 

 

I saw a posting online, stating one's spouse could already be living with them in the USA (not sure about what visa), and file the I-130 and I-485 at the same time, for the path to getting the green card. 

 

To give a little background about the details of our case, we already had an immigrant visa issued to my wife a few years back and were unable to use it when it was valid. We re-started the process

last year, sending in her passport with the IV to the U.S. Embassy and they reopened our case. 

 

Would we need to refile the I-130 in America to do the above? Or is it too late to do this option as we've already started our case and the Embassy here in Taiwan knows all about it? 

 

Hope to get any helpful comments. Thanks!

As others have already responded, entering the US with the intent to stay and adjust status is not an option for you.

 

That being said, it sounds like you are already in process to get a new spousal visa for your wife.  I am not sure what is meant by the "embassy reopened our case", are you both living in Taiwan, are you trying to get the original visa re-issued?

 

Without more information on that case, it is hard to determine if you need to file a new I130, but if you are doing something like a DCF, then no, you do not need a new I130 filed to USCIS.

 

Good Luck!

[Brett Tapia 1]

3 hours ago, Vickys_Mom said:

You're asking if your wife can enter the United States as a visitor when you guys intend for her to permanently stay here and do her Adjustment of Status.  That's immigration fraud.  Don't do it.  It may seem like an easy way to bypass the wait, but it's the kind of stuff that causes problems later on.

 

If someone is already in the United States the rules are different.  My wife was here on a J-1 visa when we married and applied for her adjustment of status.

 

You may also have issues getting her a visitor's visa since she's already filed for an immigration visa.  When they see that she has an American husband, and that she's applied in the past, and that she has an active application...they may reject a visitor's visa for concern that your wife is actually trying to immigrate and wants to bypass the existing system.  Of course you can still try.  Just don't be too surprised if they reject it.

 

A new I-130 would likely be rejected because the current I-130 is still being processed.

 

My helpful comment is:  be patient.  At least you're there with her.  You will get through this.

 

Regards,

Vicky's Mom

Thanks a lot for the information and helpful comment! Cheers

2 hours ago, Joyoussinger said:

She cannot come on a visitor visa with the intention of adjusting status. That's immigration fraud.  Sometimes, it happens that someone is here on a tourist visa,  they meet someone, fall in love, and marry. They are able to adjust status because this wasn't their intention when they arrived. You have to be truthful about your intentions on arrival. 

Got it. Thanks for your time

[Brett Tapia 1]

1 hour ago, powerpuff said:

~~ Topic moved from “Bringing family members of US Citizens to America “ to CR1/IR1 spousal visa forum as the spousal visa is the only option available to OP ~~
 

No. You need an immigrant visa in order to live in the US. Adjustment of status is not an option for you - that would be immigration fraud. You will have to follow the procedures for bringing a spouse from overseas like the rest. It seems like the consulate is open to working with your case, I would follow their instructions

Yes, haha, like the rest. Thanks, good advice, work with the consulate. 

[Brett Tapia 1]

1 hour ago, Dashinka said:

As others have already responded, entering the US with the intent to stay and adjust status is not an option for you.

 

That being said, it sounds like you are already in process to get a new spousal visa for your wife.  I am not sure what is meant by the "embassy reopened our case", are you both living in Taiwan, are you trying to get the original visa re-issued?

 

Without more information on that case, it is hard to determine if you need to file a new I130, but if you are doing something like a DCF, then no, you do not need a new I130 filed to USCIS.

 

Good Luck!

Thanks for reading. Embassy reopened means I returned my wife's passport with the expired IV in it, so they could stamp it (I forget the wording), then they reopened the case for us. 

Your comment got me thinking about the I-130 from a different angle, though. The Consulate here in Taiwan said after we returned the passport, the registration of her case 

would stay open for a year, and we have to update / resubmit the DS-260, and obtain all the documents to her case. Back when we first got the IV, there was a co-sponsor 

for the Affadavit of Support, but now we aren't using a co-sponsor. Do you know if we'd need to refile an I-130 if we change that element of our case? 

[Dashinka 23,274]

56 minutes ago, Brett Tapia said:

Thanks for reading. Embassy reopened means I returned my wife's passport with the expired IV in it, so they could stamp it (I forget the wording), then they reopened the case for us. 

Your comment got me thinking about the I-130 from a different angle, though. The Consulate here in Taiwan said after we returned the passport, the registration of her case 

would stay open for a year, and we have to update / resubmit the DS-260, and obtain all the documents to her case. Back when we first got the IV, there was a co-sponsor 

for the Affadavit of Support, but now we aren't using a co-sponsor. Do you know if we'd need to refile an I-130 if we change that element of our case? 

Shouldn't as the I864 is done at the NVC stage.  If the consulate is handling it and telling you to fill out a new DS-260, you should be able to upload a new I864, but to be honest, I am very rusty as to the NVC stage.,

 

Maybe some other members like @Mike E or @Crazy Cat or @iwannaplay54 will chime in.

[Crazy Cat 39,336]

This is not a typical case.  I would contact AIT for instructions. They may or may not process the case locally.  She cannot live in the US before obtaining a valid immigrant visa.  Good Luck.

 

For clarity:  There is no official US embassy in Taiwan.  It is the American Institute in Taiwan.

 

 

[Brett Tapia 1]

1 hour ago, Dashinka said:

Shouldn't as the I864 is done at the NVC stage.  If the consulate is handling it and telling you to fill out a new DS-260, you should be able to upload a new I864, but to be honest, I am very rusty as to the NVC stage.,

 

Maybe some other members like @Mike E or @Crazy Cat or @iwannaplay54 will chime in.

Thank you. 

[Brett Tapia 1]

50 minutes ago, Crazy Cat said:

This is not a typical case.  I would contact AIT for instructions. They may or may not process the case locally.  She cannot live in the US before obtaining a valid immigrant visa.  Good Luck.

 

For clarity:  There is no official US embassy in Taiwan.  It is the American Institute in Taiwan.

 

 

Right, not official US embassy. Thanks for the advice. Cheers to you!