Need advice about whether to file for change of status

[GabiandVi 34]

A little background: I'm from the US but I live and work in China. My husband is from Benin but was studying here in China. We were married over 3 years ago in Thailand. Our daughter was born in the US over a year ago. He finished school and couldn't find work here, so he has been in Benin for almost a year. He had a tourist visa granted to him through the embassy in Benin after we were married and he visited the US twice on that visa. Each time he was allowed a 6-month stay, but stayed fewer than 6 weeks. His visa will expire in May and he will apply for another one any day now. I will be moving home in June with our daughter.

Here is my dilemma. My husband can come to visit us using his tourist visa. Hopefully, as in the past, he can stay for 6 months. I plan to file an I-130 for him soon. Should I file it as though he is still in his home country and let him return when he is called for an interview? Or should I file a change of status for him once he arrives on the tourist visa? I really don't want to side-step any laws or policies, and I don't want to lengthen the process in any way, but I would like to shorten it as much as I can. We know he will not be able to work while he is in the US, but he will be able to care for our daughter while I work, saving us the daycare fees, so it is a financially viable option for him to stay with us.

I'm getting advice that my husband will be denined entry into the US on a tourist visa if I have begun immigration proceedings for him. Is this true? Should I wait until he arrives before I file the I-130? We won't be breaking any laws. He won't be working. He will be in the US for pleasure - the pleasure of being with his daughter and me.

Any advice?

[diadromous mermaid 36]

A little background: I'm from the US but I live and work in China. My husband is from Benin but was studying here in China. We were married over 3 years ago in Thailand. Our daughter was born in the US over a year ago. He finished school and couldn't find work here, so he has been in Benin for almost a year. He had a tourist visa granted to him through the embassy in Benin after we were married and he visited the US twice on that visa. Each time he was allowed a 6-month stay, but stayed fewer than 6 weeks. His visa will expire in May and he will apply for another one any day now. I will be moving home in June with our daughter.

Here is my dilemma. My husband can come to visit us using his tourist visa. Hopefully, as in the past, he can stay for 6 months. I plan to file an I-130 for him soon. Should I file it as though he is still in his home country and let him return when he is called for an interview? Or should I file a change of status for him once he arrives on the tourist visa? I really don't want to side-step any laws or policies, and I don't want to lengthen the process in any way, but I would like to shorten it as much as I can. We know he will not be able to work while he is in the US, but he will be able to care for our daughter while I work, saving us the daycare fees, so it is a financially viable option for him to stay with us.

I'm getting advice that my husband will be denined entry into the US on a tourist visa if I have begun immigration proceedings for him. Is this true? Should I wait until he arrives before I file the I-130? We won't be breaking any laws. He won't be working. He will be in the US for pleasure - the pleasure of being with his daughter and me.

Any advice?

No can do, if his intent is to use the tourist visa for immigrant purposes. Sorry.

[N360 0]

A little background: I'm from the US but I live and work in China. My husband is from Benin but was studying here in China. We were married over 3 years ago in Thailand. Our daughter was born in the US over a year ago. He finished school and couldn't find work here, so he has been in Benin for almost a year. He had a tourist visa granted to him through the embassy in Benin after we were married and he visited the US twice on that visa. Each time he was allowed a 6-month stay, but stayed fewer than 6 weeks. His visa will expire in May and he will apply for another one any day now. I will be moving home in June with our daughter.

Here is my dilemma. My husband can come to visit us using his tourist visa. Hopefully, as in the past, he can stay for 6 months. I plan to file an I-130 for him soon. Should I file it as though he is still in his home country and let him return when he is called for an interview? Or should I file a change of status for him once he arrives on the tourist visa? I really don't want to side-step any laws or policies, and I don't want to lengthen the process in any way, but I would like to shorten it as much as I can. We know he will not be able to work while he is in the US, but he will be able to care for our daughter while I work, saving us the daycare fees, so it is a financially viable option for him to stay with us.

I'm getting advice that my husband will be denined entry into the US on a tourist visa if I have begun immigration proceedings for him. Is this true? Should I wait until he arrives before I file the I-130? We won't be breaking any laws. He won't be working. He will be in the US for pleasure - the pleasure of being with his daughter and me.

Any advice?

I dont think you'd be side-stepping any laws. I think you can legally do either one.

I mean you can file as he is still outside and just let him return or you can adjust status here in the US.

Personally, I'd file I-130, let USCIS know he's here and just adjust status.

I'm sure someone here with a similar experience can help.

Good luck

No can do, if his intent is to use the tourist visa for immigrant purposes. Sorry.

He should just come to the US without that intention then change his mind later. :-)

[Dakine 26]

A little background: I'm from the US but I live and work in China. My husband is from Benin but was studying here in China. We were married over 3 years ago in Thailand. Our daughter was born in the US over a year ago. He finished school and couldn't find work here, so he has been in Benin for almost a year. He had a tourist visa granted to him through the embassy in Benin after we were married and he visited the US twice on that visa. Each time he was allowed a 6-month stay, but stayed fewer than 6 weeks. His visa will expire in May and he will apply for another one any day now. I will be moving home in June with our daughter.

Here is my dilemma. My husband can come to visit us using his tourist visa. Hopefully, as in the past, he can stay for 6 months. I plan to file an I-130 for him soon. Should I file it as though he is still in his home country and let him return when he is called for an interview? Or should I file a change of status for him once he arrives on the tourist visa? I really don't want to side-step any laws or policies, and I don't want to lengthen the process in any way, but I would like to shorten it as much as I can. We know he will not be able to work while he is in the US, but he will be able to care for our daughter while I work, saving us the daycare fees, so it is a financially viable option for him to stay with us.

I'm getting advice that my husband will be denined entry into the US on a tourist visa if I have begun immigration proceedings for him. Is this true? Should I wait until he arrives before I file the I-130? We won't be breaking any laws. He won't be working. He will be in the US for pleasure - the pleasure of being with his daughter and me.

Any advice?

a an't adjust status. Best to file a I 130 and go for a IR visa. Normally there is no problem getting a tourist visa during the I-130 as long as he qualifies.

[diadromous mermaid 36]

I dont think you'd be side-stepping any laws. I think you can legally do either one.

I mean you can file as he is still outside and just let him return or you can adjust status here in the US.

Personally, I'd file I-130, let USCIS know he's here and just adjust status.

I'm sure someone here with a similar experience can help.

Good luck

No can do, if his intent is to use the tourist visa for immigrant purposes. Sorry.

He should just come to the US without that intention then change his mind later. :-)

Well, if only it would be so easy, but the real issue is that this discussion, has preceeded his entry, and thus were he to be asked, he couldn't deny that he was contemplating it. Notwithstanding, he could come to the USA on his tourist visa, his wife could submit the I-130 and he could remain as long as his I-94 was valid, leave and await the visa in his home country. At least he could spend *some* of the wait here. As an aside, performing baby-sitting services is unauthorised work if it would normally be a paying job for another individual. Tehcnically, anyway, but then as a spouse of a USC it would be forgiven at adjustment time. Just as an FYI.

[GabiandVi 34]

A little background: I'm from the US but I live and work in China. My husband is from Benin but was studying here in China. We were married over 3 years ago in Thailand. Our daughter was born in the US over a year ago. He finished school and couldn't find work here, so he has been in Benin for almost a year. He had a tourist visa granted to him through the embassy in Benin after we were married and he visited the US twice on that visa. Each time he was allowed a 6-month stay, but stayed fewer than 6 weeks. His visa will expire in May and he will apply for another one any day now. I will be moving home in June with our daughter.

Here is my dilemma. My husband can come to visit us using his tourist visa. Hopefully, as in the past, he can stay for 6 months. I plan to file an I-130 for him soon. Should I file it as though he is still in his home country and let him return when he is called for an interview? Or should I file a change of status for him once he arrives on the tourist visa? I really don't want to side-step any laws or policies, and I don't want to lengthen the process in any way, but I would like to shorten it as much as I can. We know he will not be able to work while he is in the US, but he will be able to care for our daughter while I work, saving us the daycare fees, so it is a financially viable option for him to stay with us.

I'm getting advice that my husband will be denined entry into the US on a tourist visa if I have begun immigration proceedings for him. Is this true? Should I wait until he arrives before I file the I-130? We won't be breaking any laws. He won't be working. He will be in the US for pleasure - the pleasure of being with his daughter and me.

Any advice?

No can do, if his intent is to use the tourist visa for immigrant purposes. Sorry.

Thanks for your reply, but I really don't understand what you mean. Are you saying he can't enter the US? It would be a valid tourist visa. Is it illegal for a person who is planning to immigrate to the US to visit it and return to his home country when the I-94 states he should? I'm pretty sure there is nothing illegal about that, but if someone knows more than me, please tell me. I certainly do not want to break any laws.

My original plan was for him to come on the tourist visa, and then to apply to extend that visa as it approaches expiration, and whenever he gets the call from his embassy in Benin for his interview, to return to Benin. This seems fair to me. Would this be illegal? Or would it piss off the DHS?

Anyway, as I started going through the I-130, preparing it, I felt like I would be lying to state that he was not in the US. Question #14 asks if the spouse is in the US and what his I-94 states, and question #22 asks if he is eligible for a change in status. I just want to follow the rules. I don't want to lie on the form, but I don't want to break the rules or piss someone off who holds our future in his/her hands.

[GabiandVi 34]

Well, if only it would be so easy, but the real issue is that this discussion, has preceeded his entry, and thus were he to be asked, he couldn't deny that he was contemplating it. Notwithstanding, he could come to the USA on his tourist visa, his wife could submit the I-130 and he could remain as long as his I-94 was valid, leave and await the visa in his home country. At least he could spend *some* of the wait here. As an aside, performing baby-sitting services is unauthorised work if it would normally be a paying job for another individual. Tehcnically, anyway, but then as a spouse of a USC it would be forgiven at adjustment time. Just as an FYI.

Thanks for your reply. Your scenario is what my original plan was, except that I thought we would apply for an extension of the visa, a legal option.

As for babysitting, I'm not sure that it is considered that when it is your own child. My sisters leave their children with their husbands all the time and they are all Americans. No one gets paid for it. I really want my daughter and her father to get to know each other. That's the main reason I want him to come take care of her. He could stay in Benin and make more than we would save in daycare fees.

[diadromous mermaid 36]

Thanks for your reply. Your scenario is what my original plan was, except that I thought we would apply for an extension of the visa, a legal option.

As for babysitting, I'm not sure that it is considered that when it is your own child. My sisters leave their children with their husbands all the time and they are all Americans. No one gets paid for it. I really want my daughter and her father to get to know each other. That's the main reason I want him to come take care of her. He could stay in Benin and make more than we would save in daycare fees.

Your plan for him to await the processing of his I-130 and return for consular processing of his visa is all within the law. As for the babysitting, it's a moot point, since unauthorised work of an alien married to a US citizen is forgiven. However, technically, an alien that is NOT married to a USC cannot accept work, nor can he take on certain voluntary positions that are not even remunerated but provide certification or additional experience for which the alien might be able to accelerate his career, afterwards, if the normal protocol is to pay for the work being performed! Crazy as it may seem, but "thems the laws"