Apply for Adjustment of Status while in U.S. on B-2 Visa?

[fusion58 0]

My foreign spouse currently has an I-130 application, which was submitted (online) while in her home country, in process.

 

If my wife is visiting the U.S. on a B-2 visa when the I-130 is approved, then can she apply for an adjustment of status (I-485) so as to avoid having to return to her home country to complete the green card application process?

 

Thanks for any advice.

[Mike E 11,740]

Entering the U.S. with pre-conceived conditional intent to adjust status is still intent to adjust status. 
 

So this is fraud

[fusion58 0]

8 minutes ago, Mike E said:

Entering the U.S. with pre-conceived conditional intent to adjust status is still intent to adjust status. 
 

So this is fraud

 

I'm confused as I'm getting what appears to be conflicting answers when asking this question.

 

For example, this from an immigration attorney: 

 

Quote

If you have a B-1 or B-2 visa, you can adjust your status by asking your immigration attorney to file Form I-485 with U.S. Citizenship and Immigration Services (USCIS). After USCIS has received and processed your Form I-485, you'll be scheduled for an interview at a USCIS office.

 

[Daphne . 1,888]

11 minutes ago, fusion58 said:

 

I'm confused as I'm getting what appears to be conflicting answers when asking this question.

 

For example, this from an immigration attorney: 

 

 

This is for people who are already in the US and had a change in circumstances, not for people who are not in the US yet

[fusion58 0]

1 hour ago, Daphne . said:

This is for people who are already in the US and had a change in circumstances, not for people who are not in the US yet

 

The scenario is one in which my wife is already in the U.S., having entered on her B-2 visa.

 

If her pending I-130 happens to be approved while she's in the U.S. as a visitor, then does she still need to return to her home country to complete the green card application process, or can she apply for an adjustment of status at that point? Thanks.

[EmilyW 1,452]

If she is in the country right now, yes she can adjust. 

 

If she is outside of the country and entering the country using her tourist visa, with the intent to adjust, that's fraud.

[mam521 2,103]

1 minute ago, fusion58 said:

 

The scenario is one in which my wife is already in the U.S., having entered on her B-2 visa.

 

If her pending I-130 happens to be approved while she's in the U.S. as a visitor, then does she still need to return to her home country to complete the green card application process, or can she apply for an adjustment of status at that point? Thanks.

Irrespective of whether the I-130 is approved before or while she's in the US, the preconceived notion of adjusting is fraud.  You've come onto a public forum and stated you want your wife to adjust status, before I-130 is approved and before she's entered the US.  If CBP asked her what the purpose of her visit is and she says visiting while knowing full well you guys are intending to adjust status, she is misrepresenting her intentions to CBP.  This is the fraudulent part and can potentially impact the success of her current petition as well as any future petitions (think naturalization).  

[fusion58 0]

8 minutes ago, mam521 said:

Irrespective of whether the I-130 is approved before or while she's in the US, the preconceived notion of adjusting is fraud.  You've come onto a public forum and stated you want your wife to adjust status, before I-130 is approved and before she's entered the US.  If CBP asked her what the purpose of her visit is and she says visiting while knowing full well you guys are intending to adjust status, she is misrepresenting her intentions to CBP.  This is the fraudulent part and can potentially impact the success of her current petition as well as any future petitions (think naturalization).  

 

That's not at all what I asked or suggested.

 

Again, my question is "if my wife's I-130 happens to be approved while she's in the U.S. as a visitor, then can she apply for an adjustment of status at that point, or no?"

 

There's no statement of intent here - merely a question re: contingencies and how to prepare for them.

[Mike E 11,740]

21 minutes ago, fusion58 said:

If her pending I-130 happens to be approved while she's in the U.S. as a visitor

She does not need I-130 to be approved to file I-485. Therefore, the “something unplanned” rationalization for why this is not fraud does not apply.

 

Ask yourself this question: if at the port of entry, when asked how long she plans to stay, she says “forever if I-130 is approved”, what do you expect will happen?

[Boiler 45,670]

7 minutes ago, fusion58 said:

 

That's not at all what I asked or suggested.

 

Again, my question is "if my wife's I-130 happens to be approved while she's in the U.S. as a visitor, then can she apply for an adjustment of status at that point, or no?"

 

There's no statement of intent here - merely a question re: contingencies and how to prepare for them.

The approval date of the I 130 is irrelevant to your question, so taking that out we are left with

 

Again, my question is "if she's in the U.S. as a visitor, then can she apply for an adjustment of status at that point, or no?"

 

She can not use a non immigrant visa to immigrate. Hope this is clear.

 

 

[mam521 2,103]

4 minutes ago, fusion58 said:

 

That's not at all what I asked or suggested.

 

Again, my question is "if my wife's I-130 happens to be approved while she's in the U.S. as a visitor, then can she apply for an adjustment of status at that point, or no?"

 

There's no statement of intent here - merely a question re: contingencies and how to prepare for them.

Immigration is a privilege, not a right. 

 

You've come to a public forum and inquired about this.  Now, if you're on the other side of the table in USCIS's and DOS' shoes, how does it look?  Does it look like there was 100% intent to only visit and 0% intent to adjust status?  No.  It looks like you're trying to skirt the lineup that everyone else has had to take a number and wait for.  

 

The immigration journey, while challenging, is finite and a relatively short amount of time, if you follow the rules.  Break the rules and get caught and you're in for a potential lifetime of hurt.  

[Boiler 45,670]

Actually it is a stupid thing to do but that was not the question.

[fusion58 0]

18 minutes ago, Mike E said:

She does not need I-130 to be approved to file I-485. Therefore, the “something unplanned” rationalization for why this is not fraud does not apply.

 

Ask yourself this question: if at the port of entry, when asked how long she plans to stay, she says “forever if I-130 is approved”, what do you expect will happen?

 

Not sure how you're conflating a simple request for clarification re: the rules as some sort of public statement of intent to commit fraud?

 

Rather presumptuous, I think.

[fusion58 0]

20 minutes ago, mam521 said:

It looks like you're trying to skirt the lineup that everyone else has had to take a number and wait for.  

 

 

 

Ah, that would explain the hostility and the wrong reading of my queries. 

[fusion58 0]

23 minutes ago, mam521 said:

 

 

The immigration journey, while challenging, is finite and a relatively short amount of time, if you follow the rules. 

 

Yeah, that much is already clear.

 

The purpose of my queries, in case it's not obvious, is to seek clarification re: the rules.