My wife & children

[JimVaPhuong 4,863]

With all due respect to previous opinions expressed to the contrary, immigrant intent upon entry is not grounds (on its own) to deny an adjustment of status application properly made by the spouse of a US Citizen. An actual material misrepresentation upon entry WOULD be grounds to deny but it does not appear any such thing occurred.

I think you'll find that more than a hundred people in similar situations will have their status adjustment approved the same day yours is, should you decide to take that route. If you have remaining doubts, you can always consult a qualified immigration attorney.

She presented herself at a port of entry and applied for admission based on a visa that does not permit immigrant intent. That application is a sufficient declaration that she did not intend to become an immigrant during that visit. Regardless of any letters previously submitted to the government, as long as she does not apply for AOS while visiting with a B2 visa then she didn't misrepresent her intent when she entered. If she applies for adjustment of status now then that letter could be used as evidence that she misrepresented her intent when she applied for entry. She doesn't have to specifically declare that she has no intention of becoming an immigrant in order for a material misrepresentation to occur. The absence of immigrant intent is a prerequisite for using the visa. INA 214(b) makes this pretty clear.

You are correct that she won't be denied for preconceived intent alone. She may be denied for material misrepresentation.

[pushbrk 13,124]

She presented herself at a port of entry and applied for admission based on a visa that does not permit immigrant intent. That application is a sufficient declaration that she did not intend to become an immigrant during that visit. Regardless of any letters previously submitted to the government, as long as she does not apply for AOS while visiting with a B2 visa then she didn't misrepresent her intent when she entered. If she applies for adjustment of status now then that letter could be used as evidence that she misrepresented her intent when she applied for entry. She doesn't have to specifically declare that she has no intention of becoming an immigrant in order for a material misrepresentation to occur. The absence of immigrant intent is a prerequisite for using the visa. INA 214(b) makes this pretty clear.

You are correct that she won't be denied for preconceived intent alone. She may be denied for material misrepresentation.

Only if there WAS a material misrepresentation. Sounds to me like the travel needs will dictate using the spouse visa process instead of adjusting status though.