Adjustment of Status for visitors

[Karabas 0]

Hi All,

I filed the I-130 for my Canadian wife in beginning of July and it's being processed in Vermont so we're hoping for the reply to come back within a couple of months. In the meantime, my wife has been visiting me in the US as a regular Canadian tourist. They gave us a lot of problems at the border each time but so far she hasn't been turned back.

So my question is - if we get the I-130 approved, can she file for adjustment of status while visiting me in the US? During our application we included her Canadian address (where her parents still live), would that matter?

Thanks!

--- Karabas

[Hypnos 6,576]

Entering the US on a nonimmigrant visa with the preconceived intention to remain would constitute visa fraud.

Once her I-130 is approved she is only a handful of weeks / months from having her immigrant visa approved, so why take the risk of a possible AoS denial?

Edited October 8, 2012 by Hypnos

[Krikit 1,164]

If you have changed your minds and your wife is in the US right now she can certainly apply to adjust status. You will find many members try to scare you and tell you it is fraud but it is perfectly legal... otherwise there wouldn't be a process for it. Many members have done so. You will need to do some reading and ask your questions in the Adjustment of Status From Work, Student, and Tourist Visas forum:

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

[pushbrk 12,882]

If you have changed your minds and your wife is in the US right now she can certainly apply to adjust status. You will find many members try to scare you and tell you it is fraud but it is perfectly legal... otherwise there wouldn't be a process for it. Many members have done so. You will need to do some reading and ask your questions in the Adjustment of Status From Work, Student, and Tourist Visas forum:

http://www.visajourn...-tourist-visas/

Bingo! You do not have to wait for the I-130 to be approved. Note that if you decide to go this route, she MUST STAY in the USA until she has advance parole or a green card in hand.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[ValerieA 350]

Yes, you can change your mind and she can file for AOS here. You will need to include a photocopy of your I-130 receipt in you package. Use this guide: AOS Guide

[Hypnos 6,576]

I'm not sure where "changing their minds" comes in. They have an I-130 filed and it is in process. Filing for AoS now would be the equivalent of running 90% of a marathon and then taking a taxi for the last 10%.

I don't see anything as posted which would constitute a "change in circumstances". In saying that, if there are no other negative factors then an AoS could be a possibility, but I'd be concerned about intent, although that cannot be the sole basis of any denial.

[pushbrk 12,882]

I'm not sure where "changing their minds" comes in. They have an I-130 filed and it is in process. Filing for AoS now would be the equivalent of running 90% of a marathon and then taking a taxi for the last 10%.

I don't see anything as posted which would constitute a "change in circumstances". In saying that, if there are no other negative factors then an AoS could be a possibility, but I'd be concerned about intent, although that cannot be the sole basis of any denial.

Immigration intent is not grounds for denial of AOS for the spouse of a US Citizen. This is a non-issue. What you see or don't see is also not an issue. They only need to change their minds, not their circumstances but the OP need not explain their "circumstances" here. Those are a non-issue too.

You could learn from the very senior folks here if you'll listen.

[Reyan 56]

Why don't the senior members ask to put a sticky thread that says intent alone is not grounds for denial of AOS, since this topic come uposlo often?

[Karabas 0]

Wait, hold on, now I'm confused. Is AOS faster than the other process? Could I have done this much earlier? I'm only looking for what the most optimal choice would be for us at this point in time, so if it's better to stick to CR-1, I'm fine with that.

[pushbrk 12,882]

Wait, hold on, now I'm confused. Is AOS faster than the other process? Could I have done this much earlier? I'm only looking for what the most optimal choice would be for us at this point in time, so if it's better to stick to CR-1, I'm fine with that.

Read my answer and Krikit's again. Interpret them literally. Yes, if you decide now, to adjust status, the foreign spouse will have a green card faster but MUST not leave the USA as described in my post.

[amykathleen2005 441]

Read my answer and Krikit's again. Interpret them literally. Yes, if you decide now, to adjust status, the foreign spouse will have a green card faster but MUST not leave the USA as described in my post.

She must be in the US now. She cannot just come in and change now that you know what you know.

[amykathleen2005 441]

You'll find the people who adjusted from a tourist visa are much more inclined to suggest doing the same. All the while the people who waited months for a K-1 or a CR-1 will suggest you do it that way....

[Xanax 349]

Is your wife in the US now? If yes AOS , if no continue with your CR-1 process.

[Karabas 0]

My wife is in the US right now. Approximately how long does the AOS process take? And how do I go about it? Am I filing I-485?