Question about AOS on B2 for minor child

[Precious 2]

Hello folks,

We are in the process of filing for my 15 year-old son, who will be coming to US to live with us next year (so we hope). We had initially included him on the K1 petition, but at the time he wanted to stay back in Brazil with his dad. My husband (US citizen) and I then wrote to the embassy and asked them to cancel his interview, as he was supposed to follow-to-join me (K1). I remember we got a letter saying that we could file an I-130 in case he wanted to come to the US at a later date.

My question is: if he comes as a visitor, can he adjust status in the US, if my husband (US citizen) files the I-130 and I-485?

Right now, we are taking the route of filing the I-130 and wait for an approval and the consulate to notify him when a visa becomes available. We don't know how long this can take.

We don't want to do anything illegal or wrong, but we do want to see what would be our best options, so my son can come and start school by Sept 2011 without problems.

Thanks!

[Inky 1,110]

My question is: if he comes as a visitor, can he adjust status in the US, if my husband (US citizen) files the I-130 and I-485?

This would be considered immigration fraud.

You can't come as a visitor with intent to stay and adjust status.

[Precious 2]

This would be considered immigration fraud.

You can't come as a visitor with intent to stay and adjust status.

Thanks. We understand that. But even on the instruction of the I-130 is not all clear. It only states

" if your relative is already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition."

That's why I asked.

[sachinky 465]

Using a non-immigrant visa to enter the US with the express desire to adjust one's status is illegal and considered to be visa fraud.

[Boiler 45,493]

He isn't.

[Precious 2]

He isn't.

Oh thanks.

We are not trying to do anything illegal, or commit any kind of fraud, as I guess you got it.

[Gary and Alla 3,694]

Oh thanks.

We are not trying to do anything illegal, or commit any kind of fraud, as I guess you got it.

entering, legally, with a tourist visa is not something you can do IF you intend to adjust status. In other words, when he present himself at the POE and they say "What is the purpose of your visit/" He would have to answer (I intend to adjust status and become a legal permanent resident" At which point they will say "Entry denied...go home" If he is here on a toureist visa, that is it...tourist visa. If he falsifies his intent at the POE and then adjusts status...it is fraud.

What about what you read? Well, if you enter on a K-1, for example, with the expressed intent to get married within 90 days and file for AOS BUT you do not get married within 90 days...you STILL entered legally and CAN file for AOS but must also file an I-130.

If the 12 months since your K-1 was issued has expirec, so therefore ruling out a K-2 to follow, then your husband can file an I-130 and do a CR-2 visa for your son PROVIDED he is under age 21, never married AND was under age 18 when you got married.

[Precious 2]

entering, legally, with a tourist visa is not something you can do IF you intend to adjust status. In other words, when he present himself at the POE and they say "What is the purpose of your visit/" He would have to answer (I intend to adjust status and become a legal permanent resident" At which point they will say "Entry denied...go home" If he is here on a toureist visa, that is it...tourist visa. If he falsifies his intent at the POE and then adjusts status...it is fraud.

What about what you read? Well, if you enter on a K-1, for example, with the expressed intent to get married within 90 days and file for AOS BUT you do not get married within 90 days...you STILL entered legally and CAN file for AOS but must also file an I-130.

If the 12 months since your K-1 was issued has expirec, so therefore ruling out a K-2 to follow, then your husband can file an I-130 and do a CR-2 visa for your son PROVIDED he is under age 21, never married AND was under age 18 when you got married.

Thanks for your reply. I will look into the CR-2. We've been married now for 2 years and I'm in the process of removing conditions. We never intended to commit any fraud, I was just a bit confused with the wording.

Thanks again, this was very helpful!

[pushbrk 12,883]

Thanks for your reply. I will look into the CR-2. We've been married now for 2 years and I'm in the process of removing conditions. We never intended to commit any fraud, I was just a bit confused with the wording.

Thanks again, this was very helpful!

Since you've been married two years, it would be an IR2 visa, not CR2 but the process is the same.

[payxibka 10,045]

not a K-1 topic, moving thread