I-130 approved and have B2 visa, how to get to US earlier

[grade6 1]

My situation is

I'm in Canada (permanent resident), my dad (USC) filed I-130 for me as unmarried daughter. The I-130 was approved and it looks like my PD will become current in 1 year, my case is in consular process in Canada US embassy.

My boyfriend is Canadian and working in US under TN visa.

Our situation is I need to keep unmarried till I get GC, and I'm not a Canadian citizen so I cannot work in US under TN. And my career is not easy for me to get H1B visa.

I do have 10-year B2 visa, and visited US for many times.

I want to go to US as earlier as possible and legally. I have some questions which I would appreciate any of your comments.

1, Will consular process take longer time than AOS?

2, How long it will take for consular process (US embassy in Canada) after my PD becomes current? Anybody has any experience in Canada US embassy?

3, Is there any other way for me to go to US RIGHT NOW and stay there legally till my PD is current? To be a student? or what else?

4, I know doing AOS from B2 is tricky, but what if I have a reason like:

a, I may visit my dad as usual, and he is in medical condition, so I may stay with him till my PD becomes current?

b, I may visit my BF and happen to find a good real estate or other business, so I may stay there to buy/start a business till my PD is current?

the point of above 2 reasons is, when I enter in US by B2, I'm about to visit someone as usual, but something happens after my entering, which leads me to change my mind to stay longer till PD is current (while within B2 is valid). Can this resolve the problem of "preconceived intent"?

5, Or I HAVE TO stay away from US now and wait for consular process? (this will be too bad) Any better idea that I can go to US now?

Thanks.

[ceadsearc 516]

I don't know how long it takes but you can't visit and AOS if circumstances change or wait with your sick dad or anything. Your visa is a family preference category. You are NOT considered to be an immediate relative of a USC for immigration purposes so overstay isn't forgiven. Meaning, you can only visit temporarily on your B-2 and then return to Canada before your I-94 expires or risk being denied your immigrant visa and banned altogether.

[grade6 1]

No, I will not overstay, B2 is 6-month per time, I can return to Canada if I-94 expires before PD is current, and re-enter after a couple of months.

[Harpa Timsah 13,258]

Why do you have a B2 visa if you are Canadian? Are you a naturalized citizen?

No, you can;t wait here. Any overstay will make you ineligible for the visa. If you visit and try to use the B2 visa to de facto live in the US, they will catch on and take your visa away.

You cannot work in the US on a B2 visa.

Edited October 2, 2012 by Harpa Timsah

[grade6 1]

Thanks for all of your comments.

I'm Canadian permanent resident not citizen, so I have a B2 visa.

But I would clarify that I will not need to overstay, as my B2 is multi-entry, 6-month per time, I can return to Canada before I-94 expires, and re-enter after a couple of months.

I will not work in US either, instead just try to buy a small business and be the owner and hire another person to work, I will not pay myself salary. Or buying a house for renting/investing (not for myself living purpose). Being an owner (or investor) in US doesn't conflict with B2.(am I right?) My purpose is to catch up my PD when it is current within a valid I-94 and apply for AOS. (if PD is not current and I-94 expires, I can always return to Canada and re-enter later)

[CC90 90]

Re-entering in a shorter time than a year after a 6 month trip (if you do indeed get that time--it's not guaranteed) is a very bad idea, ESPECIALLY with an approved I-130.

When you come the first time, it would be prudent to have a very good and specific reason for staying 6 months. Trying to re-enter after this within a year or so on a B-2 could cause you serious issues.

Sure, come here temporarily, for up to 6 months while you're waiting, but that's all you'll get realistically. Don't do AOS.

You have to keep in mind that the fact you have a visa means nothing. The time you are allowed to stay (UP TO 6 months; not nearly always 6 months) and if you are allowed in are determined at the border.

Edited October 2, 2012 by CC90

[Harpa Timsah 13,258]

You are going to get your visa revoked. You cannot live in the US on a B2. It is for visiting, not for living there, going back to Canada for a month, then coming back for 6 months.

[aaron2020 11,651]

My situation is

I'm in Canada (permanent resident), my dad (USC) filed I-130 for me as unmarried daughter. The I-130 was approved and it looks like my PD will become current in 1 year, my case is in consular process in Canada US embassy.

My boyfriend is Canadian and working in US under TN visa.

Our situation is I need to keep unmarried till I get GC, and I'm not a Canadian citizen so I cannot work in US under TN. And my career is not easy for me to get H1B visa.

I do have 10-year B2 visa, and visited US for many times.

I want to go to US as earlier as possible and legally. I have some questions which I would appreciate any of your comments.

1, Will consular process take longer time than AOS?

2, How long it will take for consular process (US embassy in Canada) after my PD becomes current? Anybody has any experience in Canada US embassy?

3, Is there any other way for me to go to US RIGHT NOW and stay there legally till my PD is current? To be a student? or what else?

4, I know doing AOS from B2 is tricky, but what if I have a reason like:

a, I may visit my dad as usual, and he is in medical condition, so I may stay with him till my PD becomes current?

b, I may visit my BF and happen to find a good real estate or other business, so I may stay there to buy/start a business till my PD is current?

the point of above 2 reasons is, when I enter in US by B2, I'm about to visit someone as usual, but something happens after my entering, which leads me to change my mind to stay longer till PD is current (while within B2 is valid). Can this resolve the problem of "preconceived intent"?

5, Or I HAVE TO stay away from US now and wait for consular process? (this will be too bad) Any better idea that I can go to US now?

Thanks.

You have immigrant intent. You cannot "change your mind" later because that's not your intent based on your post. You intend to abuse the B-2 visa to wait and live in the US until your PD becomes current.

This is a dangerous path for you.

If there was a legal way to wait in the US, then lots of other people would be doing it.

There is not a legal way for you to wait in the US. If you abuse the B-2, you may not want to pay the price. Why put your US LPR status at risk when you are so close????? Is a year abusing your B-2 visa worth getting your green card denied?

[grade6 1]

Hey,

I reiterated that:

1, I'm not going to overstay

2, I'm not going to work in US under B2

3, I'm not going to live in US under B2

4, I was trying to discuss the possibility of investing or doing business or other way, does someone know the specific regulation about investing and doing business with B2?

5, Actually it is all about "preconceived intend", just refer to this term and I would understand, please don't use "abuse" or "pay the price', I believe this is a forum not a court.

6, In years I crossed over the border many times, every time I told the officer that I had I-130 approved on file, and I was waiting for my GC. They always checked their system and let me go. I had so many I-94 cards, none of them became invalid. I ever stayed in US for 9 months in a year, twice, 5 months in US, 2 months in Canada, and 4 months in US again, I told them my BF was there, and he could not come back.

So this is interesting that sometimes people are even tougher than a police officer, when you just trying to discuss something. You may say that they haven't caught me, well, I would say I never intend to be illegal, so why they should catch me, but I try to find an OPTION.

I do notice some wording in this forum are over-reacting and tougher than the border officers.

All right, I would stop here and do researching by myself. Anyway, thank you all.

[Asia 2,498]

4, I was trying to discuss the possibility of investing or doing business or other way, does someone know the specific regulation about investing and doing business with B2?

B2 is a touristic visa, so only the tourist things might be done while using it.

While on business visitor visa (B1) you might go to the US to do the business venture, investor seeking investment, but you cannot remain in US to manage business.

http://travel.state.gov/pdf/BusinessVisa.pdf

Maybe you have B1/B2 visa, as that's the most common visa.

But still it doesn't mean you can doing business in the US.

At least that's how I understand those regulations.

Pardon me if I'm wrong.

Edited October 2, 2012 by Asia

[grade6 1]

http://travel.state.gov/pdf/BusinessVisa.pdf

Thank you, this is very helpful. My visa is B1/B2.

[DandT14 272]

I want to go to US as earlier as possible and legally. I have some questions which I would appreciate any of your comments.

1, Will consular process take longer time than AOS?

2, How long it will take for consular process (US embassy in Canada) after my PD becomes current? Anybody has any experience in Canada US embassy?

3, Is there any other way for me to go to US RIGHT NOW and stay there legally till my PD is current? To be a student? or what else?

4, I know doing AOS from B2 is tricky, but what if I have a reason like:

a, I may visit my dad as usual, and he is in medical condition, so I may stay with him till my PD becomes current?

b, I may visit my BF and happen to find a good real estate or other business, so I may stay there to buy/start a business till my PD is current?

the point of above 2 reasons is, when I enter in US by B2, I'm about to visit someone as usual, but something happens after my entering, which leads me to change my mind to stay longer till PD is current (while within B2 is valid). Can this resolve the problem of "preconceived intent"?

Unless your english is really bad, it sure sounds like you're asking if you can enter on a B2 and then conveniently have circumstances change (wink, wink) so you can file AOS. You won't find many people on this forum winking back at you and saying "yeah, good idea. Change of circumstances...that's a good one."

Hey,

I reiterated that:

4, I was trying to discuss the possibility of investing or doing business or other way, does someone know the specific regulation about investing and doing business with B2?

You asked a lot more than that.

5, Actually it is all about "preconceived intend", just refer to this term and I would understand, please don't use "abuse" or "pay the price', I believe this is a forum not a court.

6, In years I crossed over the border many times, every time I told the officer that I had I-130 approved on file, and I was waiting for my GC. They always checked their system and let me go. I had so many I-94 cards, none of them became invalid. I ever stayed in US for 9 months in a year, twice, 5 months in US, 2 months in Canada, and 4 months in US again, I told them my BF was there, and he could not come back.

So this is interesting that sometimes people are even tougher than a police officer, when you just trying to discuss something. You may say that they haven't caught me, well, I would say I never intend to be illegal, so why they should catch me, but I try to find an OPTION.

I do notice some wording in this forum are over-reacting and tougher than the border officers.

All right, I would stop here and do researching by myself. Anyway, thank you all.

So basically you're saying that you want to keep doing what you've been doing. The only difference is maybe circumstances will change and then you can file AOS.

And it is illegal to enter on your B2 if you intend to stay and AOS.

Some people on this forum are quick to yell fraud and be overly critical, etc. But in this case, they simply aren't playing along with the wink, wink game.

Edited October 3, 2012 by DandT14