When to file for CR-1?

[cadyinhaiti 21]

Hey all. I am currently in the process of filing for a K-1 fiance visa, but I have a friend who looking into filing a CR-1 for her husband. He already has a tourist visa, but they want to adjust his status to resident in the US because they are leaving Haiti.

I have read on the VJ guide that if you are holding a tourist visa, you should return to your home country and begin the process. However, on the USCIS website, it says if your spouse is in the United States , you file form I-130 and I-485 at the same time.

Can she petition him while he is in the United States on his visitor's visa?

[Darnell 8,478]

that's not 'petitioning for a VISA' - it's filing the application for an Adjustment of Status. [i-130 + I-485]

Not the same thing, at all.

There are caveats as well, when coming in on a tourist visa.

[Ryan H 3,818]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas; OP is asking about that process.

[ceadsearc 516]

Well, it depends. Is he already in the US? Status can be adjusted from a tourist visa if they are already in the US and there was no intent. So basically, if he came planning to visit and they have now decided to stay he can adjust status.

If he came with intent or is not in the US yet he can't adjust. Planning to stay and adjust is fraud. In that case he would have to file a CR-1, though he could remain in the US until he needs to leave under the terms of his tourist visa and continue to visit as long as he has strong ties to his country to present each time he visits.

[aaron2020 11,651]

Hey all. I am currently in the process of filing for a K-1 fiance visa, but I have a friend who looking into filing a CR-1 for her husband. He already has a tourist visa, but they want to adjust his status to resident in the US because they are leaving Haiti.

I have read on the VJ guide that if you are holding a tourist visa, you should return to your home country and begin the process. However, on the USCIS website, it says if your spouse is in the United States , you file form I-130 and I-485 at the same time.

Can she petition him while he is in the United States on his visitor's visa?

Is is illegal to enter the US on a visitor visa with the intent to immigrate. This is preconceive intent before or while entering the US. If USCIS determines that a person entered the US this way, the attempt at a green card can be denied. This is not the proper way to do it.

A caveat; it is legal to enter the US on a visitor visa and then subsequently changing one's mind to immigrate. There was no intent at the time of entering on the visitor visa to immigrate to the US. (I know - splitting hairs.)

USCIS will look at a person's circumstances to see if there is the preconceive intent to immigrate when entering on the visitor visa. Did the person quit his job, end his apartment lease, sell personal possessions, bring documents required to file for a green card, tell people he was immigrating, etc. A person with preconceived intent may have done some of this prior to entering on the visitor visa. A person who changes his mind after entering would probably not have done any of those things.

Edited January 24, 2012 by aaron2020

[Rujby 23]

Now, can the beneficiary ask for a visitor if his case is at NVC stage ?

[cadyinhaiti 21]

Thanks for all the info, everybody! I will pass this along.